[Federal Register: September 27, 2005 (Volume 70, Number 186)]
[Rules and Regulations]
[Page 56371-56373]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se05-16]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD05-05-097]
RIN 1625-AA08
Special Local Regulations for Marine Events; Delaware River,
Philadelphia, PA and Camden, NJ
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: On August 18, 2005, the Coast Guard published a notice of
proposed rulemaking (NPRM) in the Federal Register requesting public
comments regarding establishment of temporary special local regulations
for ``The Liberty Grand Prix'', a power boat race to be held on the
waters of the Delaware River, adjacent to Philadelphia, PA and Camden,
NJ. On September 13, 2005, the Coast Guard learned that this marine
event was proposed to be conducted at a different date and time than
previously published in the NPRM. This rule changes the dates of the
temporary regulated area. These special local regulations are necessary
to provide for the safety of life on navigable waters during the event.
This action is intended to restrict vessel traffic between the Walt
Whitman and Benjamin Franklin bridges in the Delaware River during the
power boat race.
DATES: This rule is effective from 11:30 a.m. to 5:30 p.m. on October 8
and 9, 2005.
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 CGD05-05-097 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: Dennis M. Sens, Project Manager,
Auxiliary and Recreational Boating Safety Branch, at (757) 398-6204.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 18, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Special Local Regulations for Marine Events; Delaware
River, Philadelphia, PA and Camden, NJ'' in the Federal Register (70 FR
48505). We received no letters commenting on the proposed rule. No
public meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying its effective date would
be contrary to public interest, since immediate action is needed to
protect event participants, spectator craft and other vessels
transiting the event area from the dangers of high-speed power boat
racing. However advance notifications will be made to affected waterway
users via marine information broadcasts, local radio stations and area
newspapers.
Background and Purpose
On October 8 and 9, 2005, the Offshore Performance Association,
Inc. will sponsor the ``The Liberty Grand Prix'', on the waters of the
Delaware River. The event will consist of approximately 40 V-hull and
twin-hull inboard hydroplanes racing in heats counter-clockwise around
an oval race course. A fleet of spectator vessels is anticipated to
gather nearby to view the competition. Due to the need for vessel
control during the event, vessel traffic will be temporarily restricted
to provide for the safety of participants, spectators and transiting
vessels.
Discussion of Comments and Changes
No comments were received in response to the notice of proposed
rulemaking (NPRM) published in the Federal Register.
On September 13, 2005, the Coast Guard learned that this power boat
race was proposed to be conducted at a different date and time than
previously announced in the notice of proposed rulemaking (NPRM) that
was published on August 18, 2005. This temporary rule will change both
the dates and times of
[[Page 56372]]
the special local regulations. The temporary special local regulations
will be enforced from 11:30 a.m. until 5:30 p.m. on October 8 and 9,
2005.
The Coast Guard has taken steps to notify local waterway users of
the change in dates and times so they may adjust their plans
accordingly. Vessel traffic will be allowed to transit the regulated
area between on the water events, when the Patrol Commander determines
it is safe to do so. The Patrol Commander may intermittently authorize
general navigation to pass through the regulated area. Notice of these
opportunities will be given via marine safety radio broadcast on VHF-FM
marine band radio, channel 16 (156.8 MHz) and channel 22 (157.1 MHz).
Accordingly, the Coast Guard is establishing temporary special
local regulations on specified waters of the Delaware River.
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 temporary rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Although this regulation prevents traffic from transiting a segment
of the Delaware River adjacent to Philadelphia, PA and Camden, NJ
during the event, the impact 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, local radio
stations and area newspapers 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 11:30 a.m. to 5:30
p.m. on October 8 and 9, 2005. Although the regulated area will apply
to the entire width of the Delaware River between the Walt Whitman and
Benjamin Franklin bridges, traffic may be allowed to pass through the
regulated area with the permission of the Coast Guard Patrol Commander.
In the case where the Patrol Commander authorizes passage through the
regulated area during the event, vessels shall proceed at the minimum
speed necessary to maintain a safe course that minimizes wake near the
race course. 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 offered 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.
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
[[Page 56373]]
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 M16475.1D,
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-T05-097 to read as follows:
Sec. 100.35-T05-097 Delaware River, Philadelphia, PA, Camden, NJ.
(a) Regulated area. The regulated area is established for the
waters of the Delaware River, adjacent to Philadelphia, PA and Camden,
NJ, from shoreline to shoreline, bounded on the south by the Walt
Whitman Bridge and bounded on the north by the Benjamin Franklin
Bridge. 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) Regulations: (1) No person or vessel may enter or remain in the
regulated area unless participating in the event or authorized by the
Patrol Commander. The Patrol Commander may intermittently authorize
general navigation to pass through the regulated area. Notice of these
opportunities will be given via marine safety radio broadcast on VHF-FM
marine band radio, channel 16 (156.8 MHz) and channel 22 (157.1 MHz).
(2) The operator of any vessel in the regulated area must:
(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) When authorized to transit the regulated area, all vessels
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the race course.
(d) Enforcement period. This section will be effective from 11:30
a.m. to 5:30 p.m. on October 8 and 9, 2005.
Dated: September 15, 2005.
S. Ratti,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. 05-19209 Filed 9-26-05; 8:45 am]
BILLING CODE 4910-15-P