[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Rules and Regulations]
[Pages 31091-31093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12283]



[[Page 31091]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD05-00-008]
RIN 2115-AA97, AA98


Tall Ships Delaware, Delaware River, Wilmington, DE

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective from 12 p.m. to 4 p.m. on June 23, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-00-008 and are available for inspection or 
copying at Coast Guard Marine Safety Office/Group Philadelphia, One 
Washington Avenue, Philadelphia, Pennsylvania 19147 between 8 a.m. and 
3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade K. Codel, 
Coast Guard Marine Safety Office/Group Philadelphia, (215) 271-4991.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 7, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled Tall Ships Delaware, Delaware River, Wilmington, DE in 
the Federal Register (65 FR 18261). We received no letters commenting 
on the proposed rule. No public hearing was requested and none was 
held.

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 the 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 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 will be 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 vicinity of the federal navigation channel.
    The Coast Guard is temporarily modifying the existing anchorage 
regulations found in 33 CFR 110.157 to accommodate Tall Ships Delaware

[[Page 31092]]

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, this rule 
will be temporarily added at Sec. 110.157(e).)

Discussion of Comments and Changes

    We did not receive any comments on the proposed rule. No changes 
were made to the proposed rule.

Regulatory Evaluation

    This 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 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. No requests 
for assistance in understanding this rule were received.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

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

Federalism

    We have analyzed this 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 rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will 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 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 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 rule and concluded 
that, under figure 2-1, paragraphs (34)(g), of Commandant Instruction 
M16475.1C, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES. By 
controlling vessel traffic during these events, this 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.

Regulation

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 110, and 165 as follows:

PART 110--[AMENDED]

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


[[Page 31093]]


    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 p.m. until 4 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: May 9, 2000.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 00-12283 Filed 5-15-00; 8:45 am]
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