Special Local Regulations; Delaware River, Philadelphia, PA, 26005-26007 [E8-10228]
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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2008–0277]
RIN 1625–AA08
Special Local Regulations; Delaware
River, Philadelphia, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
pwalker on PROD1PC71 with RULES
SUMMARY: The Coast Guard is
establishing special local regulations
during the ‘‘First Annual Safe Boating
Day’’, a water safety demonstration to be
held on the waters of the Delaware River
adjacent to Penn’s Landing,
Philadelphia, PA. 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 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 the
docket are part of docket USCG–2008–
0277 and are available online at
https://www.regulations.gov. They are
also available for inspection or copying
at two locations: the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays, and the Fifth
Coast Guard District, 431 Crawford
Street, Portsmouth, VA 23704 between
10 a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Dennis Sens, Project Manager,
Fifth Coast Guard District, Prevention
Division, (757) 398–6204. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
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 since
VerDate Aug<31>2005
16:31 May 07, 2008
Jkt 214001
immediate action is needed to minimize
potential danger to the public during the
event. The necessary information to
determine whether the marine event
poses a threat to persons and vessels
was not provided with sufficient time to
publish an NPRM. The danger posed by
on the water fire and rescue
demonstrations makes special local
regulations necessary to provide for the
safety of spectator craft and other
vessels transiting the event area. For the
safety concerns noted, it is in the public
interest to have these regulations in
effect during the event. The Coast Guard
will issue broadcast notice to mariners
to advise vessel operators of
navigational restrictions. On scene Coast
Guard and local law enforcement
vessels will also provide actual notice to
mariners.
Background and Purpose
On June 1, 2008, the Penn’s Landing
Corporation will sponsor the ‘‘First
Annual Safe Boating Day’’. Various on
the water fire-rescue and tug boat
demonstrations will be staged in close
proximity to Penn’s Landing on the
Delaware River. The demonstrations
will generally take place in the vicinity
between the shoreline and the
navigational channel. A fleet of
spectator vessels is expected to gather
near the event site to view the on water
activity. 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 Rule
The Coast Guard will establish
temporary special local regulations on
specified waters of the Delaware River.
The temporary special local regulations
will be in effect from 11 a.m. to 7 p.m.
on June 1, 2008. The effect will be to
restrict general navigation in the
regulated area during the marine 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 during the
enforcement period. Notice will be
provided to the public through a Local
Notice to Mariners published before the
event, as well as through Broadcast
Notice to Mariners. The Patrol
Commander will notify the public of
specific enforcement times by marine
radio safety broadcast VHF–FM marine
band radio. These regulations are
needed to control vessel traffic during
the event to enhance the safety of
spectators and transiting vessels.
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26005
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 and local area newspapers,
radio and TV 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 the Delaware
River during the event.
This temporary 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
a.m. to 7 p.m. on June 1, 2008. Although
this regulation prevents traffic from
transiting a small segment of the
Delaware River during the event, this
temporary rule would not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This rule would
be in effect for only a limited period.
Vessel traffic may be able to transit
around the regulated area or when event
activity is halted, when the Coast Guard
Patrol Commander deems it is safe to do
so. Before the enforcement period, we
will issue maritime advisories so
mariners can adjust their plans
accordingly.
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08MYR1
26006
Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
Assistance for Small Entities
Civil Justice Reform
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
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). 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.
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.
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.
pwalker on PROD1PC71 with RULES
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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Jkt 214001
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.
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.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and Waterways.
Energy Effects
Words of Issuance and Regulatory Text
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.
I
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.
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—REGATTAS AND MARINE
PARADES
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233.
2. Add a temporary § 100.35–T05–
0277 to read as follows:
I
§ 100.35–T05–0277
Philadelphia, PA.
Delaware River,
(a) Regulated area includes all waters
of the Delaware River bounded from
shore to shore, bounded to the south by
the Walt Whitman Bridge and bounded
to the north by the Benjamin Franklin
Bridge.
(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.
(3) Participant includes all vessels
participating in the First Annual Safe
Boating Day under the auspices of the
Marine Event Permit issued to the event
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Federal Register / Vol. 73, No. 90 / Thursday, May 8, 2008 / Rules and Regulations
sponsor and approved by Commander,
Coast Guard Sector Delaware Bay.
(c) Special local regulations: (1)
Except for event participants and
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 must: (i) Stop 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 shall proceed
at the minimum speed necessary to
maintain a safe course that minimizes
wake near the event area.
(d) Enforcement period. This section
will be enforced from 11 a.m. to 7 p.m.
on June 1, 2008. A notice of
enforcement of this section will be
disseminated through the Fifth Coast
Guard District Local Notice to Mariners
announcing the specific event date and
times. Notice will also 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, Acting.
[FR Doc. E8–10228 Filed 5–7–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2007–0147 and are
available online at https://
www.regulations.gov. This material is
also available for inspection or copying
at two locations: the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays and the Fifth
Coast Guard District Office, 431
Crawford Street, Portsmouth, VA 23704
between 10 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call
Dennis Sens, Project Manager, Fifth
Coast Guard District, Prevention
Division, at 757–398–6204 or e-mail at
Dennis.M.Sens@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 10, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations;
Recurring Marine Events in the Fifth
Coast Guard District in the Federal
Register (73 FR 12669). We received no
letters commenting on the proposed
rule. No public meeting was requested,
and none was held.
Background and Purpose
33 CFR Part 100
[Docket No. USCG–2007–0147]
RIN 1625–AA08
Special Local Regulations; Recurring
Marine Events in the Fifth Coast Guard
District
Coast Guard, DHS.
Final rule.
AGENCY:
pwalker on PROD1PC71 with RULES
ACTION:
SUMMARY: The Coast Guard is
establishing special local regulations to
regulate recurring marine events in the
Fifth Coast Guard District. These
regulations apply to all permitted events
listed in the table attached to the
regulation, and include events such as
regattas, and marine parades. These
regulations reduce the Coast Guard’s
administrative workload and expedite
public notification of events.
DATES: This rule is effective June 9,
2008.
ADDRESSES: Comments and material
received from the public, as well as
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Marine events are frequently held on
the navigable waters within the
boundary of the Fifth Coast Guard
District. For a description of the
geographical area of each Coast Guard
Sector—Captain of the Port Zone, please
see 33 CFR 3.25.
This regulation includes events such
as sailing regattas, power boat races,
swim races and holiday parades.
Currently, there are 57 annually
recurring marine events and many other
non-recurring events within the district.
In the past, the Coast Guard regulated
these events by creating individual
special local regulations on a case by
case basis. Most of these events required
only the establishment of a regulated
area and assignment of a patrol
commander to ensure safety. Issuing
individual, annual special local
regulations has created a significant
administrative burden on the Coast
Guard. From 2005 to 2007 the Coast
Guard created over 100 temporary
regulations for marine events in the
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26007
Fifth District. The numbers are expected
to increase in 2008 with the growing
popularity of water sports activities.
Additionally, for the majority of these
events, the Coast Guard does not receive
notification of the event, or important
details of the event are not finalized by
event organizers, with sufficient time to
publish a notice of proposed rulemaking
and final rule before the event date. The
Coast Guard must therefore create
temporary final rules that sometimes are
not completed until only days before the
event. This results in delayed
notification to the public, potentially
placing the public and event
participants at risk.
This rule significantly reduces the
administrative burden on the Coast
Guard, and at the same time allows the
sponsor of the event and the Coast
Guard to notify the public of these
events in a timely manner. The public
will be provided with notice of events
through the table attached to this
regulation. This table lists each
recurring event that may be regulated by
the Coast Guard, and indicates the
sponsor, as well as the date and location
of the event. Because the dates and
location of these events may change
slightly from year to year, the specific
information on each event, including
the exact dates, specific areas, and
description of the regulated area, would
be provided to the public through a
Local Notice to Mariners published
before the event, as well as through
Broadcast Notice to Mariners. This table
will also be updated by the Coast Guard
periodically to add new recurring
events, remove events that no longer
occur, and update listed events to
ensure accurate information is provided.
The public will also be notified about
many of the listed marine events by
local newspapers, radio and television
stations. The various methods of
notification provided by the Coast
Guard and local community media
outlets will facilitate informing mariners
so they can adjust their plans
accordingly.
Discussion of Comments and Changes
The Coast Guard has made some
minor technical revisions to this rule.
Revisions to the regulatory text include
the following items.
In the Table to § 100.501, marine
event No. 3 was deleted. In its place
‘‘Night in Venice’’ Great Egg Harbor Bay,
Ocean City, New Jersey was added as
marine event No. 3. This event was
previously regulated by 33 CFR 100.504
for the same location. This revision does
not impose any additional restrictions
on vessel traffic.
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Agencies
[Federal Register Volume 73, Number 90 (Thursday, May 8, 2008)]
[Rules and Regulations]
[Pages 26005-26007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10228]
[[Page 26005]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2008-0277]
RIN 1625-AA08
Special Local Regulations; Delaware River, Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing special local regulations
during the ``First Annual Safe Boating Day'', a water safety
demonstration to be held on the waters of the Delaware River adjacent
to Penn's Landing, Philadelphia, PA. 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 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
the docket are part of docket USCG-2008-0277 and are available online
at https://www.regulations.gov. They are also available for inspection
or copying at two locations: the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and
the Fifth Coast Guard District, 431 Crawford Street, Portsmouth, VA
23704 between 10 a.m. and 2 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard
District, Prevention Division, (757) 398-6204. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
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 since immediate action is
needed to minimize potential danger to the public during the event. The
necessary information to determine whether the marine event poses a
threat to persons and vessels was not provided with sufficient time to
publish an NPRM. The danger posed by on the water fire and rescue
demonstrations makes special local regulations necessary to provide for
the safety of spectator craft and other vessels transiting the event
area. For the safety concerns noted, it is in the public interest to
have these regulations in effect during the event. The Coast Guard will
issue broadcast notice to mariners to advise vessel operators of
navigational restrictions. On scene Coast Guard and local law
enforcement vessels will also provide actual notice to mariners.
Background and Purpose
On June 1, 2008, the Penn's Landing Corporation will sponsor the
``First Annual Safe Boating Day''. Various on the water fire-rescue and
tug boat demonstrations will be staged in close proximity to Penn's
Landing on the Delaware River. The demonstrations will generally take
place in the vicinity between the shoreline and the navigational
channel. A fleet of spectator vessels is expected to gather near the
event site to view the on water activity. 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 Rule
The Coast Guard will establish temporary special local regulations
on specified waters of the Delaware River. The temporary special local
regulations will be in effect from 11 a.m. to 7 p.m. on June 1, 2008.
The effect will be to restrict general navigation in the regulated area
during the marine 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 during the enforcement period. Notice will
be provided to the public through a Local Notice to Mariners published
before the event, as well as through Broadcast Notice to Mariners. The
Patrol Commander will notify the public of specific enforcement times
by marine radio safety broadcast VHF-FM marine band radio. These
regulations are needed to control vessel traffic during the event to
enhance the safety of 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 and local area newspapers, radio and TV 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 the Delaware River during the event.
This temporary 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 a.m. to 7 p.m.
on June 1, 2008. Although this regulation prevents traffic from
transiting a small segment of the Delaware River during the event, this
temporary rule would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule would be in effect for only a limited period. Vessel traffic may
be able to transit around the regulated area or when event activity is
halted, when the Coast Guard Patrol Commander deems it is safe to do
so. Before the enforcement period, we will issue maritime advisories so
mariners can adjust their plans accordingly.
[[Page 26006]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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). 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.
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 affect 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.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
Words of Issuance and Regulatory Text
0
For the reasons discussed in the preamble, the Coast Guard amends 33
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
bounded from shore to shore, bounded to the south by the Walt Whitman
Bridge and bounded to the north by the Benjamin Franklin Bridge.
(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.
(3) Participant includes all vessels participating in the First
Annual Safe Boating Day under the auspices of the Marine Event Permit
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
and 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 must: (i) Stop
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
shall proceed at the minimum speed necessary to maintain a safe course
that minimizes wake near the event area.
(d) Enforcement period. This section will be enforced from 11 a.m.
to 7 p.m. on June 1, 2008. A notice of enforcement of this section will
be disseminated through the Fifth Coast Guard District Local Notice to
Mariners announcing the specific event date and times. Notice will also
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,
Acting.
[FR Doc. E8-10228 Filed 5-7-08; 8:45 am]
BILLING CODE 4910-15-P