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

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, Pennsylvania

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend 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: Comments must be received on or before April 28, 1998.

ADDRESSES: Comments may be mailed to Commander (Aoax), Fifth Coast

Guard District, 431 Crawford Street, Portsmouth, Virginia 23704-5004,

or hand delivered to Room 119 at the same address between 7:30 a.m. and

5 p.m., Monday through Friday, except Federal holidays. The telephone

number is (757) 398-6204. Comments will become part of this docket and

will be available for inspection and copying at the above address.

FOR FURTHER INFORMATION CONTACT:

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

at (757) 398-6204.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written views, data, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD OS-98-002) and the specific section of

this proposal to which each comment applies, and give the reason for

each comment. Please submit two copies of all comments and attachments

in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in

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view of the comments. The Coast Guard plans no public hearing. Persons

may request a public hearing by writing to the address listed under

ADDRESSES. The request should include the reasons why a hearing would

be beneficial. If it determines that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announced by a later notice in the

Federal Register.

Background and Purpose

33 CFR 100.509 establishes special local regulations for marine

events held annually in the Delaware River adjacent to Penns Landing,

Philadelphia, Pennsylvania. The purpose of these regulations is to

control vessel traffic during marine events to enhance the 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 permit 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.

Discussion of Proposed Amendments

The Coast Guard proposes to amend 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 the 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.

Regulatory Evaluation

This proposal 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

proposal to be so minimal that a full Regulatory Evaluation under

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

unnecessary. The impact on routine navigation is expected to be

minimal.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal 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 proposal to be

minimal, the Coast Guard certifies under 5 U.S.C. 605(b), that this

proposal, if adopted, will not have a significant economic impact on a

substantial number of small entities.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612 and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that, under section 2.b.2.e(34)(h) of Commandant

Instruction M16475.1b (as amended, 61 FR 13564; 27 March 1996), this

proposal is categorically excluded from further environmental

documentation.

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 proposes

to amend 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) * * *

(1) * * *

(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

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Welcome America Celebration:

Sponsor: Welcome America!

Date: On or about July 4.

Columbus Day Celebration:

Sponsor: Roberts Event Group.

Date: On or about Columbus Day.

New Years Eve Celebration:

Sponsor: City of Philadelphia.

Date: December 31.

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Dated: February 12, 1998.

Roger T. Rufe, Jr.,

Vice Admiral, USCG Commander Atlantic Area.

[FR Doc. 98-5103 Filed 2-26-98; 8:45 am]

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