[Federal Register: June 2, 2003 (Volume 68, Number 105)]
[Rules and Regulations]
[Page 32641-32643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn03-11]
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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
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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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