[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Proposed Rules]
[Pages 19656-19659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09436]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0209]
RIN 1625-AA08


Special Local Regulations for Marine Events, Delaware River; 
Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local 
regulation on the waters of the Delaware River in Philadelphia, 
Pennsylvania. The regulation would restrict vessel traffic operations 
on a portion of the Delaware River during the Tall Ships Parade of Sail 
event that is taking place on May 24, 2018, from 12:00 noon to 6:00 
p.m. This regulation is necessary to protect the surrounding public and 
vessels from the hazards associated with a parade of sail.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 11, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0209 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant (Junior Grade) Kiley Relf, U.S. Coast Guard, 
Sector Delaware Bay, Chief Waterways Management Division, Coast Guard; 
telephone (215) 271-4851, email [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 19657]]

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The sponsor for the Sail Philadelphia marine event submitted an 
application for a marine event permit that will take place from May 24, 
2018, through May 28, 2018. The event includes a tall ships parade from 
noon to 6 p.m. on May 24, 2018. The COTP Delaware Bay has determined 
that potential hazards associated with the parade would be a safety 
concern for anyone intending to participate in this event or for 
vessels that operate within the waters where this event will be held.
    The purpose of this proposed rulemaking is to ensure the safety of 
vessels and persons during the tall ships' parade on the navigable 
waters of the Delaware River in Philadelphia, Pennsylvania. The Coast 
Guard proposes this rulemaking under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    The COTP Delaware Bay, proposes the establishment of a special 
local regulation on specified waters of the Delaware River, adjacent to 
Philadelphia, Pennsylvania, bounded in the west by the Pennsylvania 
shoreline, bounded in the east by the eastern edge of the navigation 
channel, bounded in the South by the Walt Whitman Bridge, and bounded 
on the north by the Benjamin Franklin Bridge. In addition, the special 
local regulation includes all waters of the Delaware River South of the 
Benjamin Franklin Bridge to an east-west line from the northern end of 
Wiggins Marina in Camden, New Jersey, (39[deg]56'32'' N and 
075[deg]07'56'' W) to the Pennsylvania shoreline. The special local 
regulation will be effective and enforced during the tall ships parade 
from noon through 6 p.m. on May 24, 2018. Access to the regulated area 
will be restricted during the specified date and time.
    A fleet of spectator vessels is anticipated to gather nearby to 
view the marine event. Due to the need for vessel control during the 
marine event, vessel traffic will temporarily be restricted to provide 
safety of participants, spectators and transiting vessels. The Coast 
Guard will apply the provisions of 33 CFR 100.501(c) to the above 
specified locations during the enforcement period. Vessels may not 
enter the regulated area unless they receive permission from the 
designated representative.
    The Coast Guard will have a marine event patrol, as described in 33 
CFR 100.40(a), to the event. Additionally, a Patrol Commander will be 
assigned to oversee the patrol. The marine event patrol and Patrol 
Commander may be contacted on VHF-FM Channel 16. During the enforcement 
period, the Coast Guard Patrol Commander may forbid and control the 
movement of all vessels in the regulated area. When hailed or signaled 
by the marine event patrol vessel or Patrol Commander, a vessel within 
the regulated area shall immediately comply with the directions given. 
Failure to do so may result in expulsion from the regulated area, 
citation for failure to comply, or both. The Coast Guard Patrol 
Commander may terminate the event, or the operation of any vessel 
participating in the event, at any time he or she deems it necessary 
for the protection of life or property. Coast Guard Sector Delaware Bay 
will notify the public by a broadcast notice to mariners at least one 
hour prior to the times of enforcement. Additionally a broadcast notice 
to marines will notify mariners of the termination of the Special Local 
Regulation.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    Although this regulation will restrict access to the regulated 
area, the effect of this proposed rule will not be significant because: 
(i) The Coast Guard will make extensive notification of the regulated 
area to the maritime public via maritime advisories so mariners can 
alter their plans accordingly; (ii) vessels may still be permitted to 
transit through the regulated area with the permission of the 
designated representative on a case-by-case basis; and (iii) this rule 
will be enforced for only the duration of the tall ships parade, a six 
hour event.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the 
regulated area may be small entities, for the reasons stated above in 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.
    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. 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 person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct

[[Page 19658]]

effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. We have 
analyzed this proposed rule under that Order and have determined that 
it is consistent with the fundamental federalism principles and 
preemption requirements described in Executive Order 13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves a special local regulation 
lasting less than 7 hours that would prohibit entry into portions of 
the Delaware River in order to promote public and maritime safety 
during a tall ships parade. Normally such actions are categorically 
excluded from further review under paragraph L61 of Appendix A, Table 1 
of DHS Instruction Manual 023-01-001-01, Rev. 01. Supporting 
documentation is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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

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

    Authority:  33 U.S.C 1233, 33 CFR 1.05-1.
0
2. Add temporary Sec.  100.T05-0209, to read as follows:


Sec.  100.T05-0209   Special Local Regulations For Marine Events, 
Delaware River; Philadelphia, PA.

    (a) Regulated areas. All waters of the Delaware River, adjacent to 
Philadelphia, Pennsylvania, bounded in the west by the Pennsylvania 
shoreline, bounded in the east by the eastern edge of the navigation 
channel as depicted on U.S. Nautical Chart 12313 or U.S. Electronic 
Nautical Chart US5PA12M, bounded in the south by the Walt Whitman 
Bridge, and bounded on the north by the Benjamin Franklin Bridge. In 
addition, the special local regulation includes all waters of the 
Delaware River south of the Benjamin Franklin Bridge to an east-west 
line from the northern end of Wiggins Marina in Camden, New Jersey, 
(39[deg]56'32'' N and 075[deg]07'56'' W) to the Pennsylvania shoreline. 
The coordinates for both areas are based on datum WGS 84.
    (b) Definitions. (1) As used in this section, Captain of the Port 
means the Commander, Sector Delaware Bay 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. A Patrol Commander (PATCOM) is a 
commissioned, warrant, or petty officer of the Coast Guard who has been 
designated by the respective Coast Guard Sector--Captain of the Port to 
enforce these regulations.
    (3) Official patrol. Any vessel assigned or approved by the 
respective Captain of the Port with a commissioned, warrant, or petty 
officer on board and displaying a Coast Guard ensign.
    (4) Spectators. All persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (c) Regulations. (1) Controls on vessel movement. The PATCOM or 
designated marine event patrol may forbid and control the movement of 
all vessels in the regulated area(s). When hailed or signaled by an 
official patrol vessel, a vessel in these areas shall immediately 
comply with the directions given. Failure to do so may result in 
expulsion from the area, citation for failure to comply, or both.

[[Page 19659]]

    (2) Directions, instructions, and minimum speed necessary. The 
operator of any vessel in the regulated area shall:
    (i) Stop the vessel immediately when directed to do so by any 
Official Patrol and then proceed only as directed.
    (ii) All persons and vessels shall comply with the instructions of 
the Official Patrol.
    (iii) Vessel operators may request permission to enter and transit 
through a regulated area by contacting the PATCOM on VHF-FM channel 16. 
When authorized to transit through the regulated area, vessels shall 
proceed at the minimum speed necessary to maintain a safe course that 
minimizes wake near the race course or marine event area.
    (d) Enforcement Period. This rule will be enforced from noon 
through 6 p.m. on May 24, 2018, unless cancelled earlier by the Captain 
of the Port once all operations are completed.

    Dated: April 30, 2018.
Scott. E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-09436 Filed 5-3-18; 8:45 am]
 BILLING CODE 9110-04-P