[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Proposed Rules]
[Pages 18261-18264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8661]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD 05-00-008]
RIN 2115-AA97, AA98


Tall Ships Delaware, Delaware River, Wilmington, DE

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish temporary regulations in 
the Delaware River, Wilmington, Delaware, for Tall Ships Delaware 
activities. This action is necessary to provide for the safety of life 
on navigable waters before, during, and after Tall Ships Delaware 
events. This action will restrict vessel traffic in the Delaware River 
between the mouth of the Christina River and New Castle, Delaware.

DATES: Comments and related material must reach the Coast Guard on or 
before May 8, 2000.

ADDRESSES: You may mail comments and related material to the Waterways 
and Waterfront Facilities Branch, Coast Guard Marine Safety Office/
Group Philadelphia, One Washington Ave., Philadelphia, Pennsylvania 
19147 or deliver them to the same address between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The Waterways and 
Waterfront Facilities Branch, Coast Guard Marine Safety Office/Group 
Philadelphia maintains the public docket for this

[[Page 18262]]

rulemaking. Comments and materials received from the public as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at the above address between 8:30 a.m. and 2:30 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant (junior grade) Kirsten 
Codel, Waterways and Waterfront Facilities Branch, Coast Guard Marine 
Safety Office/Group Philadelphia, at (215) 271-4991.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-00-
008), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. The comment period for this 
regulation is 30 days. This time period is adequate to allow local 
input because the event is highly publicized and the shortened comment 
period will allow the full 30-day publication requirement prior to the 
final rule becoming effective. If you would like to know they reached 
us, please enclose a stamped, self-addressed postcard or envelope. We 
will consider all comments and material received during the comment 
period. We may change this proposed rule in view of them.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commanding Officer, Coast Guard 
Marine Safety Office/Group Philadelphia, One Washington Ave., 
Philadelphia, Pennsylvania 19147, explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The Diamond State Port Corporation (Port of Wilmington) is 
sponsoring Tall Ships Delaware activities in the Delaware River, 
Wilmington, Delaware. The planned event includes a Parade of Sail from 
the confluence of the Christina River and the Delaware River, down 
river to New Castle, Delaware, and back to the mouth of the Christina 
River on June 23, 2000.
    The Coast Guard anticipates a large spectator fleet for this event. 
Operators should expect significant vessel congestion along the parade 
route.
    The purpose of these regulations is to promote maritime safety and 
protect participants and the boating public immediately prior to, 
during, and after the scheduled event. The regulations provide a safety 
buffer around the participating vessels during the parade of sail and 
modify existing anchorage regulations for the benefit of participants 
and spectators. The regulations will affect the movement of all vessels 
operating in the specified areas of the Delaware River.
    It may be necessary for the Coast Guard to establish safety or 
security zones in addition to these regulations to safeguard 
dignitaries and certain vessels participating in the event. If the 
Coast Guard deems it necessary to establish such zones at a later date, 
the details of those zones will be announced separately via the Federal 
Register, Local Notice to Mariners, Safety Voice Broadcasts, and any 
other means available.
    All vessel operators and passengers are reminded that vessels 
carrying passengers for hire or that have been chartered and are 
carrying passengers may have to comply with certain additional rules 
and regulations beyond the safety equipment requirements for all 
pleasure craft. When a vessel is not being used exclusively for 
pleasure, but rather is engaged in carrying passengers for hire or has 
been chartered and is carrying the requisite number of passengers, the 
vessel operator must possess an appropriate license and the vessel may 
be subject to inspection. The definition of the term ``passenger for 
hire'' is found in 46 U.S.C. 2101(21a). In general, it means any 
passenger who has contributed any consideration (monetary or otherwise) 
either directly or indirectly for carriage onboard the vessel. The 
definition of the term ``passenger'' is found in 46 U.S.C. 2101(21). It 
varies depending on the type of vessel, but generally means individuals 
carried aboard vessels except for certain specified individuals engaged 
in the operation of the vessel or the business of the owner/charterer. 
The law provides for substantial penalties for any violation of 
applicable license and inspection requirements. If you have any 
questions concerning the application of the above law to your 
particular case, you should contact the Coast Guard at the address 
listed in ADDRESSES for additional information.
    Vessel operators are reminded they must have sufficient facilities 
on board their vessels to retain all garbage and untreated sewage. 
Discharge of either into any waters of the United States is strictly 
forbidden. Violators may be assessed civil penalties up to $25,000 or 
face criminal prosecution.
    We recommend that vessel operators visiting the Wilmington area for 
this event obtain an up to date edition of National Ocean Service Chart 
12311 to avoid anchoring within a charted cable or pipeline area.
    With the arrival of Tall Ships Delaware and spectator vessels in 
the Wilmington area for this event, it will be necessary to curtail 
normal port operations to some extent. Interference will be kept to the 
minimum considered necessary to ensure the safety of life on the 
navigable waters immediately before, during, and after the scheduled 
events.

Discussion of Proposed Rule

    The Tall Ships Delaware vessels are scheduled to arrive and moor at 
various locations along the Christina River by June 23, 2000. The lead 
vessel is scheduled to begin the Parade of Sail at 12:00 p.m. on June 
23, 2000, and will follow a parade route of approximately 4 nautical 
miles on the Delaware River from the mouth of the Christina River, 
outbound to New Castle, Delaware, sailing outside the western side of 
the channel. The parade vessels will then cross the federal navigation 
channel of the Delaware River and return to the eastern side of the 
channel adjacent to the mouth of the Christina River sailing outside 
the eastern side of the channel. The parade vessels will then cross the 
navigable channel and enter the Christina River. After the parade, the 
larger Tall Ships Delaware vessels will moor at the Port of Wilmington 
on the Christina River. The remainder of the vessels will proceed up 
the Christina River to various mooring locations.
    The safety of parade participants and spectators will require that 
spectator craft be kept at a safe distance from the parade route during 
these vessel movements. The Coast Guard proposes using a moving safety 
zone around the Parade of Sail to keep all vessels not involved in the 
Parade of Sail a safe distance from the Tall Ships Delaware vessels. 
The Parade of Sail route is outside the federal navigation channel of 
the Delaware River, allowing the channel to remain open, except when 
the Parade of Sail is crossing the navigable channel. However, the 
Coast Guard expects that there will be increased vessel congestion in 
the

[[Page 18263]]

vicinity of the federal navigation channel.
    The Coast Guard also proposes to temporarily modify the existing 
anchorage regulations found in 33 CFR 110.157 to accommodate Tall Ships 
Delaware vessels. A leg of the parade route runs through General 
Anchorage 6 (Deepwater Point Anchorage). Therefore, General Anchorage 6 
will be closed to all vessels except Tall Ships Delaware vessels from 
12 p.m. to 4 p.m. on June 23, 2000. (A notice of proposed rulemaking 
affecting 33 CFR 110.157 has been published in the Federal Register at 
65 FR 16361. Those proposed temporary regulations affect Anchorages 9-
13 and would be temporarily added at Sec. 110.157(d). Accordingly, the 
rules proposed here would be temporarily added at Sec. 110.157(e).)

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget has not reviewed it 
under that Order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    The primary impact of these regulations will be on vessels wishing 
to transit the affected waterways during the Parade of Sail on June 23, 
2000. Although these regulations prevent traffic from transiting 
portions of the Delaware River during the event, that restriction is 
limited in duration, affects only a limited area, and will be well 
publicized to allow mariners to make alternative plans for transiting 
the affected area. Moreover, the parade route will be outside the 
federal navigational channel allowing the channel to remain open with 
the exception of when the Parade of Sail actually crosses the channel. 
This should minimize the effect on non-participant and spectator 
vessels intending to transit the federal navigation channel.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to operate or anchor in portions of the Delaware River in the 
vicinity of Wilmington, Delaware. The regulations will not have a 
significant impact on a substantial number of small entities for the 
following reasons: the restrictions are limited in duration, affect 
only limited areas, and will be well publicized to allow mariners to 
make alternative plans for transiting the affected areas. Moreover, the 
parade route will be outside the federal navigational channel allowing 
the channel to remain open with the exception of when the Parade of 
Sail actually crosses the channel.
    If you think that your business, organization or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Lieutenant (junior grade) 
Kirsten Codel, Waterways and Waterfront Facilities Branch, Coast Guard 
Marine Safety Office/Group Philadelphia, at (215) 271-4991.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.1C; this proposed rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' will be available in the docket where indicated under 
ADDRESSES. By controlling vessel traffic during these events, this 
proposed rule is intended to minimize environmental impacts of 
increased vessel traffic during the transits of event vessels.

List of Subjects

33 CFR Part 110

    Anchorage Grounds.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

[[Page 18264]]

Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Parts 110 and 165 as follows:

PART 110--[AMENDED]

    1. The authority citation for Part 110 continues to read as 
follows:

    Authority: 33 U.S.C. 471, 1221 through 1236, 2030, 2035, 2071; 
49 CFR 1.46 and 33 CFR 1.05-1(g).

    2. From 12:00 p.m. until 4:00 p.m. on June 23, 2000 temporarily add 
Sec. 110.157(e) to read as follows:


Sec. 110.157  Delaware Bay and River

* * * * *
    (e) Not withstanding the above, the following temporary regulations 
will be in effect from 12 p.m. through 4 p.m. on June 23, 2000 for Tall 
Ships Delaware: Anchorage 6 will be closed to all vessels except Tall 
Ships Delaware vessels. ``Tall Ships Delaware vessels'' includes all 
vessels participating in Tall Ships Delaware under the auspices of the 
Marine Event Permit submitted for the Port of Wilmington, Delaware, and 
approved by the Commander, Fifth Coast Guard District.

PART 165--[AMENDED]

    3. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1225 and 1231; 50 U.S.C. 191; 33 CFR 1.05-
1(g), 6.04-1, 6.04-6, and 160.5; 49 CFR 1.46. Section 165.100 is 
also issued under authority of Sec. 311, Pub. L. 105-383.

    4. Add temporary Sec. 165.T05-008 to read as follows:


Sec. 165.T05-008  Safety Zone; Tall Ships Delaware, Delaware River, 
Wilmington, DE.

    (a) Definitions: (1) Captain of the Port means the Commanding 
Officer of the Coast Guard Marine Safety Office/Group Philadelphia or 
any Coast Guard commissioned, warrant, or petty officer who has been 
authorized by the Captain of the Port to act on his behalf.
    (2) Coast Guard Patrol Commander is a commissioned, warrant, or 
petty officer of the Coast Guard who has been designated by the 
Commanding Officer, Coast Guard Marine Safety Office/Group 
Philadelphia.
    (3) Tall Ships Delaware Vessels includes all vessels participating 
in the Tall Ships Delaware under the auspices of the Marine Event 
Permit submitted for the Port of Wilmington, Delaware, and approved by 
Commander, Fifth Coast Guard District.
    (b) Location. The following area is a moving safety zone: All 
waters from 500 yards forward of the lead Tall Ships Delaware vessel to 
100 yards aft of the last Tall Ships Delaware vessel, and extending 50 
yards outboard of each Tall Ships Delaware vessel participating in the 
Parade of Sail. This safety zone will move with the Parade of Sail as 
it transits the Delaware River from the mouth of the Christina River 
outbound to New Castle, Delaware, returns to the mouth of the Christina 
River, and as each Tall Ships Delaware vessel moors in Wilmington, 
Delaware.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in Sec. 165.23 of this part.
    (2) No person or vessel may enter or navigate within this safety 
zone unless authorized to do so by the Coast Guard Patrol Commander. 
Any person or vessel authorized to enter the safety zone must operate 
in strict conformance with any directions given by the Coast Guard 
Patrol Commander and leave the safety zone immediately if the Coast 
Guard Patrol Commander so orders.
    (3) The Coast Guard vessels enforcing this section can be contacted 
on VHF Marine Band Radio, channels 13 and 16. The Captain of the Port 
can be contacted at telephone number (215) 271-4940.
    (4) The Coast Guard Patrol Commander will notify the public of 
changes in the status of this safety zone by Marine Safety Radio 
Broadcast on VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (d) Effective dates: These regulations are effective from 12 p.m. 
to 4 p.m. on June 23, 2000.

    Dated: March 28, 2000.
J.W. Underwood,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 00-8661 Filed 4-6-00; 8:45 am]
BILLING CODE 4910-15-U