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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05-98-002]

RIN 2115-AE46

Special Local Regulations for Marine Events; Delaware River,

Philadelphia, PA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending permanent special local

regulations established for marine events held annually in the Delaware

River adjacent to Penns Landing, Philadelphia, Pennsylvania, by

increasing the regulated area and by identifying specific events for

which the regulated area will be in effect. This action is intended to

update the regulation in order to enhance the safety of life and

property during the events.

DATES: This final rule is effective on September 9, 1998.

FOR FURTHER INFORMATION CONTACT:

S.L. Phillips, Project Manager, Operations Division, Auxiliary Section,

at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Regulatory History

On February 27, 1998, the Coast Guard published a notice of

proposed rulemaking entitled Special Local Regulations for Marine

Events; Delaware River, Philadelphia, Pennsylvania, in the Federal

Register (63 FR 9977). The Coast Guard received no comments on the

proposed rulemaking. No public hearing was requested, and none was

held.

Background and Purpose

33 CFR 100.509 established special local regulations for marine

events held annually in Delaware River adjacent to Penns Landing,

Philadelphia, Pennsylvania. The purpose of these regulations is to

control vessel traffic during marine events to enhance the

[[Page 42580]]

safety of participants, spectators, and transiting vessels. In the

past, these regulations were implemented at various times for various

events throughout the year by publishing a notice in the Federal

Register. The Coast Guard is concerned that the lengthy process cycle

time required to implement the regulated area in this manner may

unnecessarily burden event sponsors. Incorporating a table that

identifies the specific events during which the regulated area will be

in effect will streamline the marine event process and significantly

reduce process cycle time.

The majority of marine events for which the regulations will be in

effect involve a parade of boats, consisting of approximately 40 to 50

vessels ranging in length from 20' to 200'. The Coast Guard is

concerned that the current size of the regulated area may not be

adequate to ensure the safety of these events, because the size and

number of participating vessels continues to expand. The Coast Guard is

also concerned that vessel operators have had difficulty in determining

the position of the existing southern boundary of the regulated area

due to the lack of easily identifiable landmarks. The Walt Whitman

Bridge is easily identifiable and in close proximity to the current

southern boundary.

The Coast Guard is amending the special local regulations

previously established for this event area by increasing the size of

the regulated area to include those waters of the Delaware River

between the Benjamin Franklin Bridge and the Walt Whitman Bridge, and

by incorporating a table that identifies specific events during which

the regulated area will be in effect. Since the Coast Guard Patrol

Commander may stop any event to assist transit of vessels through the

regulated area, normal marine traffic should not be severely disrupted.

Discussion of Comments and Changes

The Coast Guard received no comments on the proposed rulemaking.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f)

of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. It

has been exempted from review by the Office of Management and Budget

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). The Coast Guard expects the economic impact of this

final rule to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-602), the Coast

Guard must consider whether this rule will have a significant economic

impact on a substantial number of small entities. ``Small entities''

include independently owned and operated small businesses that are not

dominant in their field and that otherwise qualify as ``small business

concerns'' under section 3 of the Small Business Act (15 U.S.C. 632).

Because it expects the impact of this rule to be minimal, the Coast

Guard certifies under Section 605(b) of the Regulatory Flexibility Act

(5 U.S.C. 601-602) that this final rule will not have a significant

economic impact on a substantial number of small entities.

Collection of Information

This final rule contains no collection of information requirement

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612 and has determined that

this rule does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that, under figure 2-1, paragraph (34)(h) of COMDTINST

M16475.1C, this rule is categorically excluded from further

environmental documentation. Special local regulations issued in

conjunction with a regatta or marine parade are excluded under that

authority.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), Reporting and recordkeeping

requirements, Waterways.

For the reasons set out in the preamble, the Coast Guard amends 33

CFR Part 100 as follows:

PART 100--[AMENDED]

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

follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and 33 CFR 100.35.

2. Section 100.509 is amended by revising paragraphs (a)(1), (b)(2)

introductory text, and (c) and adding Table 1 to read as follows:

Sec. 100.509 Delaware River, Philadelphia, Pennsylvania.

(a) * * *

(1) Regulated Area: The waters of the Delaware River from shore to

shore, bounded to the south by the Walt Whitman Bridge and bounded to

the north by the Benjamin Franklin Bridge.

* * * * *

(b) * * *

(2) The operator of any vessel in this area shall:

* * * * *

(c) Effective Period: This section is effective annually for the

duration of each marine event listed in Table 1, or as otherwise

specified in the Coast Guard Local Notice to Mariners and a Federal

Register notice. The Coast Guard Patrol Commander will announce by

Broadcast Notice to Mariners the specific time periods during which the

regulations will be enforced.

Table 1 of Sec. 100.509

Welcome America Celebration

Sponsor: Welcome America!

Date: On or about July 4

Columbus Day Celebration

Sponsor: Roberts Event Group

Date: On or bout Columbus Day

New Year's Eve Celebration

Sponsor: City of Philadelphia

Date: December 31

Dated: July 14, 1998.

Robert T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.

[FR Doc. 98-21339 Filed 8-7-98; 8:45 am]

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