[Federal Register Volume 65, Number 99 (Monday, May 22, 2000)]
[Rules and Regulations]
[Pages 32023-32026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12746]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD05-00-002]
RIN 2115-AA97, AA98


OPSAIL 2000, Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary regulations in the 
Delaware River, Philadelphia, Pennsylvania for OPSAIL 2000 activities. 
This action is necessary to provide for the safety of life on navigable 
waters before, during, and after OPSAIL 2000 events. This action will 
restrict vessel traffic in the Delaware River between Anchorage 9 
(Mantua Creek anchorage) and the Benjamin Franklin Bridge.

DATES: This rule is effective from 8 a.m. on June 22, 2000 through 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 CGD05-00-002 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 March 28, 2000, we published a notice of proposed rulemaking 
(NPRM) entitled OPSAIL 2000, Delaware River, Philadelphia, PA in the 
Federal Register (65 FR 16361). We received no letters commenting on 
the proposed rule. No public hearing was requested and none was held.

Background and Purpose

    Philadelphia OPSAIL 2000, Inc., is sponsoring OPSAIL 2000 
activities in the Delaware River, Philadelphia, Pennsylvania. Planned 
events include the arrival of a number of international Tall Ships at 
Anchorage 9 (Mantua Creek anchorage) on June 22, 2000 and a Parade of 
Sail from that anchorage, upriver to the Benjamin Franklin Bridge 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 will establish a 
clear parade route for the OPSAIL 2000 vessels, provide a safety buffer 
around the participating vessels while they are at anchor and in

[[Page 32024]]

transit, and in certain anchorage areas, 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 Philadelphia area 
for this event obtain an up to date edition of National Ocean Service 
Chart 12313 to avoid anchoring within a charted cable or pipeline area.
    With the arrival of OPSAIL 2000 and spectator vessels in the 
Philadelphia 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 OPSAIL 2000 vessels are scheduled to arrive at Anchorage 9 
(Mantua Creek anchorage) on June 22, 2000. The lead vessel is scheduled 
to begin the Parade of Sail at 9 a.m. on June 23, 2000, and will follow 
a parade route of approximately 8 nautical miles from that anchorage, 
upriver to the Benjamin Franklin Bridge. Two larger OPSAIL 2000 vessels 
which are unable to sail under the Walt Whitman Bridge will depart the 
Parade of Sail in the vicinity of the Schuylkill River and be berthed 
at the Philadelphia Naval Shipyard. The remainder of the OPSAIL 2000 
vessels will be berthed along the Philadelphia, PA and Camden, NJ 
waterfronts as they complete the Parade of Sail.
    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 safety zones 
along the parade route to keep all vessels not involved in the Parade 
of Sail a safe distance from the OPSAIL 2000 vessels. The parade route 
has been segmented in this rulemaking to facilitate the earliest 
possible reopening of the waterway once all OPSAIL 2000 vessels have 
cleared a particular segment of the route, but portions of the Delaware 
River will remain closed to all traffic until all of the OPSAIL 2000 
vessels are safely moored at their assigned berths or have departed the 
event area.
    The Coast Guard is temporarily modifying the existing anchorage 
regulations found at 33 CFR 110.157 to accommodate OPSAIL 2000 and 
spectator vessels. Anchorage 9 will be closed to all vessels except 
OPSAIL 2000 vessels that will be using it as the staging area for the 
Parade of Sail. Vessels will not be allowed to anchor in Anchorage 10 
and Anchorage 11 to enable spectator vessels to safely follow the 
Parade of Sail. The southern portion of Anchorage 13, and the northern 
portion of Anchorage 12 will be closed because they are in the portion 
of the river that the OPSAIL 2000 vessels will be using to maneuver in 
preparation of mooring. The southern portion of Anchorage 12 will be 
designated exclusively for spectator vessels.

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 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 magnitude of the event itself will 
severely hamper or prevent transit of the waterway, even absent these 
regulations designed to ensure it is conducted in a safe and orderly 
fashion.

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 might 
be small entities: the owners or operators of vessels intending to 
operate or anchor in portions of the Delaware River in the vicinity of 
Philadelphia, Pennsylvania. The regulations will not have a significant 
impact on a substantial number of small entities for the

[[Page 32025]]

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 
magnitude of the event itself will severely hamper or prevent transit 
of the waterway, even absent these regulations designed to ensure it is 
conducted in a safe and orderly fashion.

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 this rule so that they could 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 the 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, paragraph (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:

    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 8 a.m. on June 22, 2000 until 4 p.m. on June 23, 2000 
Sec. 110.157 is amended by adding paragraph (d) to read as follows:


Sec. 110.157  Delaware Bay and River.-

* * * * *
    (d) Not withstanding paragraphs (a) through (c) of this section, 
the following temporary regulations are in effect from 8 a.m. on June 
22, 2000 until 4 p.m. on June 23, 2000 for OPSAIL 2000.
    (1) Anchorage 9 will be closed to all vessels except OPSAIL 2000 
vessels. ``OPSAIL 2000 vessels'' includes all vessels participating in 
Operation Sail 2000 under the auspices of the Marine Event Permit 
submitted for the Port of Philadelphia and approved by the Commander, 
Fifth Coast Guard District.
    (2) No vessel may anchor in Anchorage 10, or Anchorage 13 south of 
the Benjamin Franklin Bridge, without permission of the Captain of the 
Port.
    (3) No vessel may anchor in Anchorage 11 after 1 a.m. on June 23, 
2000 without permission of the Captain of the Port.
    (4) Anchorage 12:
    (i) No vessel may anchor north of latitude 39 deg.55'41" N without 
permission of the Captain of the Port.
    (ii) South of latitude 39 deg. 55' 41" N is designated for the 
exclusive use of spectator vessels. ``Spectator vessels'' includes any 
vessel, commercial or recreational, being used for pleasure or carrying 
passengers, that is in the Port of Philadelphia to observe part or all 
of the events attendant to OPSAIL 2000.

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.T05-002 to read as follows:


Sec. 165.T05-002  Safety Zone; OPSAIL 2000, Delaware River, 
Philadelphia, PA.

    (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) OPSAIL 2000 Vessels includes all vessels participating in 
Operation Sail 2000 under the auspices of the Marine Event Permit 
submitted for the Port of Philadelphia and approved by Commander, Fifth 
Coast Guard District.
    (b) Location. The following areas are Safety Zones:
    (1) Parade of Sail--First Segment: This moving safety zone includes 
all waters from 500 yards forward of the lead OPSAIL 2000 vessel to 100 
yards aft of the last OPSAIL 2000 vessel, and extending 50 yards 
outboard of each OPSAIL 2000 vessel participating in the

[[Page 32026]]

Parade of Sail. This safety zone will move with the Parade of Sail as 
it transits the Delaware River from Anchorage 9 (Mantua Creek 
anchorage) to the Walt Whitman Bridge.
    (2) Parade of Sail--Second Segment: All waters of the Delaware 
River, from shoreline to shoreline, bounded on the south by the Walt 
Whitman Bridge and on the north by the Benjamin Franklin Bridge with 
the exception of the southern portion of Anchorage 12, defined as that 
portion of the anchorage south of latitude 39 deg. 55' 41" N.
    (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 these 
regulated areas unless authorized to do so by the Coast Guard Patrol 
Commander. Any person or vessel authorized to enter the regulated area 
must operate in strict conformance with any directions given by the 
Captain of the Port and leave the regulated area 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 these zones by Marine Safety Radio Broadcast 
on VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (d) Effective dates: This section is effective from 8 a.m. on June 
22, 2000 through 4 p.m. on June 23, 2000.

    Dated: May 12, 2000.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 00-12746 Filed 5-17-00; 12:28 pm]
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