[Federal Register Volume 68, Number 39 (Thursday, February 27, 2003)]
[Proposed Rules]
[Pages 9037-9039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4636]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD05-03-013]
RIN 2115-AE46


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

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish permanent special local 
regulations for marine events held 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 events. This action is intended to restrict 
vessel traffic in a portion of the Delaware River between Pea Patch 
Island and Delaware City during the events.

DATES: Comments and related material must reach the Coast Guard on or 
before April 28, 2003.

ADDRESSES: You may mail comments and related material to Commander 
(oax), Fifth Coast Guard District, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, hand-deliver them to Room 119 at the same address 
between 9 a.m. and 2 p.m., Monday through Friday, except Federal 
holidays, or fax them to (757) 398-6203. The Auxiliary and Recreational 
Boating Safety Section,

[[Page 9038]]

Fifth Coast Guard District, maintains the public docket for this 
rulemaking. Comments and material 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 9 a.m. and 2 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: S.L. Phillips, Project Manager, 
Auxiliary and Recreational Boating Safety Section, at (757) 398-6204.

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 (CGD05-03-
013), 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. 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 now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address listed under ADDRESSES 
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

    Each year during the months of June and September, marine events 
are conducted on a portion of the Delaware River between Pea Patch 
Island and Delaware City, Delaware. The events consist of 175 to 800 
athletes swimming from Fort Delaware on Pea Patch Island to Battery 
Park in Delaware City. A fleet of spectator vessels gathers nearby to 
view the swimming events. To provide for the safety of participants, 
spectators and other transiting vessels, the Coast Guard will 
temporarily restrict vessel traffic in the event area during the 
events.

Discussion of Proposed Rule

    The Coast Guard proposes to establish permanent special local 
regulations on specified waters of the Delaware River between Pea Patch 
Island and Delaware City, Delaware. The special local regulations will 
be enforced only during the swimming events; a 2-hour period in June 
and a 2-hour period in September. The effect will be to restrict 
general navigation in the regulated area during the events. Except for 
event participants and 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 proposed 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).
    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.
    Although this proposed regulation will prevent traffic from 
transiting a portion of the Delaware River during the event, the effect 
of this proposed regulation 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. 
Additionally, the proposed regulated area has been narrowly tailored to 
impose the least impact on general navigation yet provide the level of 
safety deemed necessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 might be small entities: The owners or 
operators of vessels intending to transit or anchor in a portion of the 
Delaware River on the third Saturday of June or September.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. This 
proposed rule would be in effect for only 2 hours on 2 days each year. 
Vessel traffic could pass safely around the regulated area. Before the 
enforcement period, we would issue maritime advisories so mariners can 
adjust their plans accordingly.
    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 the address listed under 
ADDRESSES.

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

    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 proposed 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

[[Page 9039]]

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 proposed rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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 considered the environmental impact of this proposed 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 permit for an 
event not located in, proximate to, or above an area designated as 
environmentally sensitive by an environmental agency of the Federal, 
state, or local government, 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 proposes 
to amend 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. A new Sec.  100.529 is added to read as follows:


Sec.  100.529  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 on board and displaying a Coast 
Guard ensign.
    (3) 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, to
39[deg]34'57.3'' North               075[deg]33'23.1'' West, to
39[deg]34'11.9'' North               075[deg]34'28.6'' West, to
39[deg]35'52.4'' North               075[deg]36'33.9'' West.
 

    All coordinates reference Datum NAD 1983.
    (b) 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.
    (c) Enforcement period. This section will be enforced annually for 
a 2-hour period on the third Saturday in June and for a 2-hour period 
on the third Saturday in September. Notice of the enforcement period 
will be given via Marine Safety Radio Broadcast on VHF-FM marine band 
radio, Channel 22 (157.1 MHz).

    Dated: February 18, 2003.
James D. Hull,
Vice Admiral, U.S. Coast Guard , Commander, Fifth Coast Guard District.
[FR Doc. 03-4636 Filed 2-19-03; 8:45 am]
BILLING CODE 4910-15-U