[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Rules and Regulations]
[Pages 29197-29199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10048]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[CGD05-05-047]
RIN 1625-AA08


Special Local Regulations for Marine Events; Delaware River, 
Delaware City, DE

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary special local 
regulations during the ``5th Annual Escape from Fort Delaware 
Triathlon,'' an event to be held June 18, 2005 over the waters of 
Delaware River at Delaware City, DE. 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 during the 5th Annual 
Escape from Fort Delaware Triathlon.

DATES: This rule is effective from 8:30 a.m. to 11:30 a.m. on June 18, 
2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the

[[Page 29198]]

docket are part of docket CGD05-05-047 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: D. M. Sens, Project Manager, Auxiliary 
and Recreational Boating Safety Branch, 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 an NPRM, because publishing an NPRM 
would be impracticable and contrary to public interest as immediate 
action is necessary to protect those using the waterway. Because of the 
danger posed to the swimmers competing within a confined area, special 
local regulations are necessary to provide for the safety of event 
participants, support craft and other vessels transiting the event 
area.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be contrary to the public interest, since immediate action is needed to 
ensure the safety of the event participants, support craft, 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. However advance notifications will be made 
to users of the waterway via marine information broadcasts and area 
newspapers.

Background and Purpose

    On June 18, 2005, the Escape from Fort Delaware Triathlon, Inc. 
will sponsor the ``5th Annual Escape from Fort Delaware Triathlon.'' 
The swimming segment of the event will consist of approximately 400 
swimmers competing across a one mile course along the Delaware River 
between Pea Patch Island and Delaware City, Delaware. The competition 
will begin at Pea Patch Island. The participants will swim across to 
the finish line located at the Delaware City Wharf, swimming 
approximately one mile, across Bulkhead Shoal Channel. Approximately 20 
support vessels will accompany 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, support craft and other transiting vessels.

Discussion of Rule

    The Coast Guard is establishing temporary special local regulations 
on specified waters of the Delaware River between Fort Delaware on Pea 
Patch Island to the Delaware City Wharf at Delaware City, Delaware. The 
temporary special local regulations will be in effect from 8:30 a.m. to 
11:30 a.m. on June 18, 2005. 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. Vessel traffic may be 
allowed to transit the regulated area at slow speed as the swim 
progresses, when the Coast Guard Patrol Commander determines it is safe 
to do so. The Patrol Commander will notify the public of specific 
enforcement times by Marine Radio Safety Broadcast. 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 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 restricts vessel 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 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 this section of the Delaware River during the event.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for only a short period, from 8:30 a.m. to 11:30 
a.m. on June 18, 2005. Vessels desiring to transit the event area will 
be able to transit the regulated area at slow speed as the swim 
progresses, when the Coast Guard Patrol Commander determines it is safe 
to do so. Before the enforcement period, we will issue maritime 
advisories 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 offered to assist small 
entities in understanding the rule so that they could 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. The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.
    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

[[Page 29199]]

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 does not create 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 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(h), of the Instruction, from further 
environmental documentation. Special local regulations issued in 
conjunction with a regatta or marine event permit are specifically 
excluded from further analysis and documentation under those sections.

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, Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  100.35-T05-047 to read as follows:


Sec.  100.35-T05-047  Delaware River, Delaware City, DE.

    (a) Regulated area. The regulated area includes all waters of the 
Delaware River within 500 yards either side of a line drawn 
southwesterly from a point near the shoreline at Pea Patch Island, at 
latitude 39[deg]34'43.2'' N, 075[deg]35'12'' W, thence to latitude 
39[deg]35'08'' N, 075[deg]34'18'' W, a position located near the 
Delaware City Wharf, Delaware City, DE. All coordinates reference Datum 
NAD 1983.
    (b) Definitions. (1) Coast Guard Patrol Commander means a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the Commander, Coast Guard Sector Delaware Bay.
    (2) Official Patrol means any vessel assigned or approved by 
Commander, Coast Guard Sector Delaware Bay with a commissioned, 
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (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.
    (ii) Proceed as directed by any Official Patrol.
    (d) Enforcement period. This section will be enforced from 8:30 
a.m. to 11:30 a.m. on June 18, 2005.

    Dated: May 6, 2005.
Lawrence J. Bowling,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District, 
Acting.
[FR Doc. 05-10048 Filed 5-19-05; 8:45 am]
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