[Federal Register Volume 67, Number 163 (Thursday, August 22, 2002)]
[Rules and Regulations]
[Pages 54340-54341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21468]



[[Page 54340]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-02-061]
RIN 2115-AE46


Special Local Regulations for Marine Events; Delaware River, Pea 
Patch Island to Delaware City, DE

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``Escape from Fort Delaware--One Mile Swim'', a 
marine event to be held September 21, 2002 on the waters of the 
Delaware River between Pea Patch Island and Delaware City, Delaware. 
These special local regulations are necessary to provide for the safety 
of life on navigable waters during the event. This action is intended 
to temporarily restrict vessel traffic in a portion of the Delaware 
River between Pea Patch Island and Delaware City during the event.

DATES: This rule is effective from 1:15 p.m. to 3:15 p.m. on September 
21, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-02-061 and are available for 
inspection or copying at Commander (Aoax), Fifth Coast Guard District, 
431 Crawford Street, Portsmouth, Virginia 23704-5004, between 9 a.m. 
and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: S. L. Phillips, Project Manager, 
Commander (Aoax), Fifth Coast Guard District, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM. The event will be held on 
Saturday, September 21, 2002. There is not sufficient time to allow for 
an appropriate notice and comment period, prior to the event. Because 
of the danger posed to approximately 175 swimmers competing within a 
confined area, special local regulations are necessary to provide for 
the safety of event participants, spectator craft and other vessels 
transiting the event area. For the safety concerns noted, it is in the 
public interest to have these regulations in effect during the event. 
In addition, advance notifications will be made via the Local Notice to 
Mariners, marine information broadcasts, and area newspapers.

Background and Purpose

    On September 21, 2002, CanalFest 2002, Inc. will sponsor the Escape 
from Fort Delaware--One Mile Swim. The event will consist of 
approximately 175 swimmers competing on a portion of the Delaware River 
between Pea Patch Island and Delaware City, Delaware. A fleet of 
spectator vessels is expected to gather near the event site to view the 
swimmers. Due to the need for vessel control during the swimming event, 
the Coast Guard will temporarily restrict vessel traffic in the event 
area to provide for the safety of participants, spectators and other 
transiting vessels.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Delaware River between Pea Patch Island and 
Delaware City, Delaware. The temporary special local regulations will 
be in effect from 1:15 p.m. to 3:15 p.m. on September 21, 2002. The 
effect will be to restrict general navigation in the regulated area 
during the event. Except for persons or vessels authorized by the Coast 
Guard Patrol Commander, no person or vessel may enter or remain in the 
regulated area. These regulations are needed to control vessel traffic 
during the event to enhance the safety of participants, spectators and 
transiting vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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).
    Although this rule prevents traffic from transiting a portion of 
the Delaware River during the event, the effect of this rule will not 
be significant due to the limited duration that the regulated area will 
be in effect and the extensive advance notifications that will be made 
to the maritime community via the Local Notice to Mariners, marine 
information broadcasts, and area newspapers so mariners can adjust 
their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 transit 
or anchor in the effected portions of the Delaware River during the 
event.
    Although this rule prevents traffic from transiting a portion of 
the Delaware River during the event, the effect of this regulation will 
not be significant because of the limited duration that the regulated 
area will be in effect and the extensive advance notifications that 
will be made to the maritime community via the Local Notice to 
Mariners, marine information broadcasts, and area newspapers so 
mariners can adjust their plans accordingly.

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 temporary 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 the address listed under 
ADDRESSES.
    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).

[[Page 54341]]

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial and direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that Order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraphs (34)(h) and (35)(a) of 
Commandant Instruction M16475.1D, this rule is categorically excluded 
from further environmental documentation. Special local regulations 
issued in conjunction with a regatta or marine parade are specifically 
excluded from further analysis and documentation under those sections. 
A ``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233; 49 CFR 1.46.

    2. From 1:15 p.m. to 3:15 p.m. on September 21, 2002, add temporary 
section, Sec. 100.35-T05-061 to read as follows:


Sec. 100.35-T05-061  Delaware River, Pea Patch Island to Delaware City, 
Delaware.

    (a) Definitions. (1) Coast Guard Patrol Commander. The Coast Guard 
Patrol Commander is a commissioned, warrant, or petty officer of the 
Coast Guard who has been designated by the Commander, Coast Guard Group 
Philadelphia.
    (2) Official Patrol. The Official Patrol is any vessel assigned or 
approved by Commander, Coast Guard Group Philadelphia with a 
commissioned, warrant, or petty officer of the Coast Guard on board and 
displaying a Coast Guard ensign
    (b) Regulated area. All waters of the Delaware River between Pea 
Patch Island and Delaware City, Delaware, bounded by a line connecting 
the following points:

------------------------------------------------------------------------
                 Latitude                             Longitude
------------------------------------------------------------------------
39 deg.36'35.7" North.....................  075 deg.35'25.6" West,
                                             thence to
39 deg.34'57.3" North.....................  075 deg.33'23.1" West,
                                             thence to
39 deg.34'11.9" North.....................  075 deg.34'28.6" West,
                                             thence to
39 deg.35'52.4" North.....................  075 deg.36'33.9" West
------------------------------------------------------------------------

    All coordinates reference Datum NAD 1983.
    (c) Special local regulations. (1) Except for persons or vessels 
authorized by the Coast Guard Patrol Commander, no person or vessel may 
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
official patrol, including any commissioned, warrant, or petty officer 
on board a vessel displaying a Coast Guard ensign.
    (ii) Proceed as directed by any official patrol, including any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard ensign.
    (d) Enforcement period. This section will be enforced from 1:15 
p.m. to 3:15 p.m. on September 21, 2002.

    Dated: August 14, 2002.
A. E. Brooks,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 02-21468 Filed 8-21-02; 8:45 am]
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