[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Rules and Regulations]
[Pages 32641-32643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13733]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-03-013]
RIN 1625-AA08 (Formerly RIN 2115-AE46)


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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: This rule is effective July 2, 2003.

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 CGD05-03-013 and are available for inspection or 
copying at Commander (oax), 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, 
Auxiliary and Recreational Boating Safety Section, at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 27, 2003 we published a notice of proposed rulemaking 
(NPRM) entitled ``Special Local Regulations for Marine Events; Delaware 
River, Pea Patch Island to Delaware City, Delaware'' in the Federal 
Register (68 FR 9037). We received no letters commenting on the 
proposed rule. No public hearing was requested, and none was held.

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.

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 Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    Although this regulation will prevent traffic from transiting a 
portion of the Delaware River during the event, the effect of this 
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 
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 rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises

[[Page 32642]]

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

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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. 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 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 an 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 would not create an 
environmental risk to health or risk to safety that might 
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 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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 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.

0
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

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233 through 1236; Department of Homeland 
Security Delegation No. 0170.


0
2. Add Sec.  100.529 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,

[[Page 32643]]

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: May 21, 2003.
Ben R. Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 03-13733 Filed 5-30-03; 8:45 am]
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