From: Subject: FR Doc E8-10228 Date: Thu, 8 May 2008 14:47:25 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2008/E8-10228.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc E8-10228 
[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]              =20
[Page 26005-26007]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my08-16]                        =20


[[Page 26005]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0277]
RIN 1625-AA08

=20
Special Local Regulations; Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations=20
during the ``First Annual Safe Boating Day'', a water safety=20
demonstration to be held on the waters of the Delaware River adjacent=20
to Penn's Landing, Philadelphia, PA. These special local regulations=20
are necessary to provide for the safety of life on navigable waters=20
during the event. This action is intended to restrict vessel traffic=20
between the Walt Whitman and Benjamin Franklin bridges in the Delaware=20
River during the event.

DATES: This rule is effective from 11 a.m. to 7 p.m. on June 1, 2008.

ADDRESSES: Documents indicated in this preamble as being available in=20
the docket are part of docket USCG-2008-0277 and are available online=20
at http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov. They are also available =
for inspection=20
or copying at two locations: the Docket Management Facility (M-30),=20
U.S. Department of Transportation, West Building Ground Floor, Room=20
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9=20
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and=20
the Fifth Coast Guard District, 431 Crawford Street, Portsmouth, VA=20
23704 between 10 a.m. and 2 p.m., Monday through Friday, except Federal=20
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this=20
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard=20
District, Prevention Division, (757) 398-6204. If you have questions on=20
viewing the docket, call Renee V. Wright, Program Manager, Docket=20
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:=20

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this=20
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good=20
cause exists for not publishing an NPRM. Publishing an NPRM would be=20
impracticable and contrary to public interest since immediate action is=20
needed to minimize potential danger to the public during the event. The=20
necessary information to determine whether the marine event poses a=20
threat to persons and vessels was not provided with sufficient time to=20
publish an NPRM. The danger posed by on the water fire and rescue=20
demonstrations makes special local regulations necessary to provide for=20
the safety of spectator craft and other vessels transiting the event=20
area. For the safety concerns noted, it is in the public interest to=20
have these regulations in effect during the event. The Coast Guard will=20
issue broadcast notice to mariners to advise vessel operators of=20
navigational restrictions. On scene Coast Guard and local law=20
enforcement vessels will also provide actual notice to mariners.

Background and Purpose

    On June 1, 2008, the Penn's Landing Corporation will sponsor the=20
``First Annual Safe Boating Day''. Various on the water fire-rescue and=20
tug boat demonstrations will be staged in close proximity to Penn's=20
Landing on the Delaware River. The demonstrations will generally take=20
place in the vicinity between the shoreline and the navigational=20
channel. A fleet of spectator vessels is expected to gather near the=20
event site to view the on water activity. Due to the need for vessel=20
control during the event, vessel traffic will be temporarily restricted=20
to provide for the safety of participants, spectators and transiting=20
vessels.

Discussion of Rule

    The Coast Guard will establish temporary special local regulations=20
on specified waters of the Delaware River. The temporary special local=20
regulations will be in effect from 11 a.m. to 7 p.m. on June 1, 2008.=20
The effect will be to restrict general navigation in the regulated area=20
during the marine event. Except for persons or vessels authorized by=20
the Coast Guard Patrol Commander, no person or vessel may enter or=20
remain in the regulated area during the enforcement period. Notice will=20
be provided to the public through a Local Notice to Mariners published=20
before the event, as well as through Broadcast Notice to Mariners. The=20
Patrol Commander will notify the public of specific enforcement times=20
by marine radio safety broadcast VHF-FM marine band radio. These=20
regulations are needed to control vessel traffic during the event to=20
enhance the safety of spectators and transiting vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section=20
3(f) of Executive Order 12866, Regulatory Planning and Review, and does=20
not require an assessment of potential costs and benefits under section=20
6(a)(3) of that Order. The Office of Management and Budget has not=20
reviewed it under that Order.
    Although this regulation restricts vessel traffic from transiting a=20
portion of the Delaware River during the event, the effect of this=20
regulation will not be significant due to the limited duration that the=20
regulated area will be in effect and the extensive advance=20
notifications that will be made to the maritime community via marine=20
information broadcasts and local area newspapers, radio and TV stations=20
so mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have=20
considered whether this rule would have a significant economic impact=20
on a substantial number of small entities. The term ``small entities''=20
comprises small businesses, not-for-profit organizations that are=20
independently owned and operated and are not dominant in their fields,=20
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=20
not have a significant economic impact on a substantial number of small=20
entities. This rule will affect the following entities, some of which=20
may be small entities: the owners or operators of vessels intending to=20
transit the Delaware River during the event.
    This temporary rule will not have a significant economic impact on=20
a substantial number of small entities for the following reasons. This=20
rule will be in effect for only a short period, from 11 a.m. to 7 p.m.=20
on June 1, 2008. Although this regulation prevents traffic from=20
transiting a small segment of the Delaware River during the event, this=20
temporary rule would not have a significant economic impact on a=20
substantial number of small entities for the following reasons. This=20
rule would be in effect for only a limited period. Vessel traffic may=20
be able to transit around the regulated area or when event activity is=20
halted, when the Coast Guard Patrol Commander deems it is safe to do=20
so. Before the enforcement period, we will issue maritime advisories so=20
mariners can adjust their plans accordingly.

[[Page 26006]]

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement=20
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small=20
entities in understanding the rule so that they can better evaluate its=20
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal=20
employees who enforce, or otherwise determine compliance with, Federal=20
regulations to the Small Business and Agriculture Regulatory=20
Enforcement Ombudsman and the Regional Small Business Regulatory=20
Fairness Boards. The Ombudsman evaluates these actions annually and=20
rates each agency's responsiveness to small business. If you wish to=20
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR=20
(1-888-734-3247). The Coast Guard will not retaliate against small=20
entities that question or complain about this rule or any policy or=20
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the=20
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,=20
Federalism, if it has a substantial direct effect on State or local=20
governments and would either preempt State law or impose a substantial=20
direct cost of compliance on them. We have analyzed this rule under=20
that Order and have determined that it does not have implications for=20
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)=20
requires Federal agencies to assess the effects of their discretionary=20
regulatory actions. In particular, the Act addresses actions that may=20
result in the expenditure by a State, local, or tribal government, in=20
the aggregate, or by the private sector of $100,000,000 or more in any=20
one year. Though this rule will not result in such an expenditure, we=20
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise=20
have taking implications under Executive Order 12630, Governmental=20
Actions and Interference with Constitutionally Protected Property=20
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)=20
of Executive Order 12988, Civil Justice Reform, to minimize litigation,=20
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection=20
of Children from Environmental Health Risks and Safety Risks. This rule=20
is not an economically significant rule and does not create an=20
environmental risk to health or risk to safety that may=20
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order=20
13175, Consultation and Coordination with Indian Tribal Governments,=20
because it does not have a substantial direct effect on one or more=20
Indian tribes, on the relationship between the Federal Government and=20
Indian tribes, or on the distribution of power and responsibilities=20
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions=20
Concerning Regulations That Significantly Affect Energy Supply,=20
Distribution, or Use. We have determined that it is not a ``significant=20
energy action'' under that order because it is not a ``significant=20
regulatory action'' under Executive Order 12866 and is not likely to=20
have a significant adverse effect on the supply, distribution, or use=20
of energy. The Administrator of the Office of Information and=20
Regulatory Affairs has not designated it as a significant energy=20
action. Therefore, it does not require a Statement of Energy Effects=20
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15=20
U.S.C. 272 note) directs agencies to use voluntary consensus standards=20
in their regulatory activities unless the agency provides Congress,=20
through the Office of Management and Budget, with an explanation of why=20
using these standards would be inconsistent with applicable law or=20
otherwise impractical. Voluntary consensus standards are technical=20
standards (e.g., specifications of materials, performance, design, or=20
operation; test methods; sampling procedures; and related management=20
systems practices) that are developed or adopted by voluntary consensus=20
standards bodies.
    This rule does not use technical standards. Therefore, we did not=20
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD=20
which guides the Coast Guard in complying with the National=20
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and=20
have concluded that there are no factors in this case that would limit=20
the use of a categorical exclusion under section 2.B.2 of the=20
Instruction. Therefore, this rule is categorically excluded, under=20
figure 2-1, paragraph (34)(h), of the Instruction, from further=20
environmental documentation.
    A final ``Environmental Analysis Check List'' and a final=20
``Categorical Exclusion Determination'' are available in the docket=20
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping=20
requirements, and Waterways.

Words of Issuance and Regulatory Text

0
For the reasons discussed in the preamble, the Coast Guard amends 33=20
CFR part 100 as follows:

PART 100--REGATTAS AND MARINE PARADES

0
1. The authority citation for part 100 continues to read as follows:


    Authority: 33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.35-T05-0277 to read as follows:


Sec.  100.35-T05-0277  Delaware River, Philadelphia, PA.

    (a) Regulated area includes all waters of the Delaware River=20
bounded from shore to shore, bounded to the south by the Walt Whitman=20
Bridge and bounded to the north by the Benjamin Franklin Bridge.
    (b) Definitions: (1) Coast Guard Patrol Commander means a=20
commissioned, warrant, or petty officer of the Coast Guard who has been=20
designated by the Commander, Coast Guard Sector Delaware Bay.
    (2) Official Patrol means any vessel assigned or approved by=20
Commander, Coast Guard Sector Delaware Bay with a commissioned,=20
warrant, or petty officer on board and displaying a Coast Guard ensign.
    (3) Participant includes all vessels participating in the First=20
Annual Safe Boating Day under the auspices of the Marine Event Permit=20
issued to the event

[[Page 26007]]

sponsor and approved by Commander, Coast Guard Sector Delaware Bay.
    (c) Special local regulations: (1) Except for event participants=20
and persons or vessels authorized by the Coast Guard Patrol Commander,=20
no person or vessel may enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area must: (i) Stop=20
the vessel immediately when directed to do so by any Official Patrol.
    (ii) Proceed as directed by any Official Patrol.
    (iii) When authorized to transit the regulated area, all vessels=20
shall proceed at the minimum speed necessary to maintain a safe course=20
that minimizes wake near the event area.
    (d) Enforcement period. This section will be enforced from 11 a.m.=20
to 7 p.m. on June 1, 2008. A notice of enforcement of this section will=20
be disseminated through the Fifth Coast Guard District Local Notice to=20
Mariners announcing the specific event date and times. Notice will also=20
be made via broadcast notice to mariners on VHF-FM marine band radio.

    Dated: April 16, 2008.
Neil O. Buschman,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,=20
Acting.
[FR Doc. E8-10228 Filed 5-7-08; 8:45 am]

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