[Federal Register: May 4, 2006 (Volume 71, Number 86)]
[Rules and Regulations]
[Page 26225-26227]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my06-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-06-035]
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 ``6th Annual Escape from Fort Delaware
Triathlon'', an event to be held June 10, 2006 on the waters of the
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 6th Annual
Escape from Fort Delaware Triathlon.
DATES: This rule is effective from 5:30 a.m. to 10:30 a.m. on June 10,
2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (CGD05-06-
[[Page 26226]]
035) and are available for inspection or copying at Commander (dpi),
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,
Compliance and Inspection 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. Publishing an NPRM would be
impracticable and contrary to public interest because 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. For the safety reasons 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, local notice to mariners, area newspapers and
radio stations.
Background and Purpose
On June 10, 2006, the Escape from Fort Delaware Triathlon, Inc.
will sponsor the ``6th Annual Escape from Fort Delaware Triathlon''.
The swimming segment of the event will consist of approximately 500
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 and the Delaware City Wharf at Delaware City, Delaware.
The temporary special local regulations will be in effect from 5:30
a.m. to 10:30 a.m. on June 10, 2006. 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.
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, area newspapers and radio stations 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 5:30 a.m. to 10:30
a.m. on June 10, 2006. 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 want 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 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.
[[Page 26227]]
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.
Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
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-T05-035 to read as follows:
Sec. 100.35-T05-035, 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]35'08'' N, 075[deg]34'18'' W, thence to latitude
39[deg]34'43.6'' N, 075[deg]35'13'' 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 5:30
a.m. to 10:30 a.m. on June 10, 2006.
Dated: April 21, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-4191 Filed 5-3-06; 8:45 am]
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