Special Local Regulations for Marine Events, Delaware River; Philadelphia, PA, 19656-19659 [2018-09436]
Download as PDF
<![CDATA[
19656
Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Proposed Rules
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at https://
www.faa.gov/air_traffic/publications/
airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for the address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined between
8:00 a.m. and 4:30 p.m., Monday
through Friday, except federal holidays,
at the Northwest Mountain Regional
Office of the Federal Aviation
Administration, Air Traffic
Organization, Western Service Center,
Operations Support Group, 2200 S
216th St., Des Moines, WA 98198–6547.
Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order 7400.11B, Airspace
Designations and Reporting Points,
dated August 3, 2017, and effective
September 15, 2017. FAA Order
7400.11B is publicly available as listed
in the ADDRESSES section of this
document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
amozie on DSK3GDR082PROD with PROPOSALS
The Proposal
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) part 71 by establishing a
designated stand-alone Class E airspace
extending upward from 700 feet above
the surface at Hoonah Airport, Hoonah,
AK, within a 3-mile radius of the airport
and within 3 miles each side of the 077°
bearing from the airport extending from
the airport 3-mile radius to 8.1 miles
east of the airport. This airspace area
would specifically support IFR
operations at Hoonah Airport, and
would be unaffected by any proposed
changes that would occur at any other
airport.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11B, dated August 3, 2017
and effective September 15, 2017, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
VerDate Sep<11>2014
16:40 May 03, 2018
Jkt 244001
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current, is noncontroversial and unlikely to result in
adverse or negative comments. It,
therefore: (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated,
would not have a significant economic
impact on a substantial number of small
entities under the criteria of the
Regulatory Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017, and
effective September 15, 2017, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AAL AK E5 Hoonah, AK [New]
Hoonah Airport, AK
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
(Lat. 58°05′46″ N, long. 135°24′32″ W)
That airspace extending upward from 700
feet above the surface within a 3-mile radius
of the Hoonah Airport and within 3 miles
each side of the airport 077° bearing
extending from the airport 3-mile radius to
8.1 miles east of the airport.
Issued in Seattle, Washington, on April 23,
2018.
B.G. Chew,
Acting Group Manager, Operations Support
Group, Western Service Center.
[FR Doc. 2018–09108 Filed 5–3–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2018–0209]
RIN 1625–AA08
Special Local Regulations for Marine
Events, Delaware River; Philadelphia,
PA
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a special local regulation on
the waters of the Delaware River in
Philadelphia, Pennsylvania. The
regulation would restrict vessel traffic
operations on a portion of the Delaware
River during the Tall Ships Parade of
Sail event that is taking place on May
24, 2018, from 12:00 noon to 6:00 p.m.
This regulation is necessary to protect
the surrounding public and vessels from
the hazards associated with a parade of
sail.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 11, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0209 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions on this rule, call or
email Lieutenant (Junior Grade) Kiley
Relf, U.S. Coast Guard, Sector Delaware
Bay, Chief Waterways Management
Division, Coast Guard; telephone (215)
271–4851, email Kiley.A.Relf@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\04MYP1.SGM
04MYP1
Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Proposed Rules
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
amozie on DSK3GDR082PROD with PROPOSALS
II. Background, Purpose, and Legal
Basis
The sponsor for the Sail Philadelphia
marine event submitted an application
for a marine event permit that will take
place from May 24, 2018, through May
28, 2018. The event includes a tall ships
parade from noon to 6 p.m. on May 24,
2018. The COTP Delaware Bay has
determined that potential hazards
associated with the parade would be a
safety concern for anyone intending to
participate in this event or for vessels
that operate within the waters where
this event will be held.
The purpose of this proposed
rulemaking is to ensure the safety of
vessels and persons during the tall
ships’ parade on the navigable waters of
the Delaware River in Philadelphia,
Pennsylvania. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1233.
III. Discussion of Proposed Rule
The COTP Delaware Bay, proposes
the establishment of a special local
regulation on specified waters of the
Delaware River, adjacent to
Philadelphia, Pennsylvania, bounded in
the west by the Pennsylvania shoreline,
bounded in the east by the eastern edge
of the navigation channel, bounded in
the South by the Walt Whitman Bridge,
and bounded on the north by the
Benjamin Franklin Bridge. In addition,
the special local regulation includes all
waters of the Delaware River South of
the Benjamin Franklin Bridge to an eastwest line from the northern end of
Wiggins Marina in Camden, New Jersey,
(39°56′32″ N and 075°07′56″ W) to the
Pennsylvania shoreline. The special
local regulation will be effective and
enforced during the tall ships parade
from noon through 6 p.m. on May 24,
2018. Access to the regulated area will
be restricted during the specified date
and time.
A fleet of spectator vessels is
anticipated to gather nearby to view the
marine event. Due to the need for vessel
control during the marine event, vessel
traffic will temporarily be restricted to
provide safety of participants, spectators
and transiting vessels. The Coast Guard
will apply the provisions of 33 CFR
100.501(c) to the above specified
locations during the enforcement
VerDate Sep<11>2014
16:40 May 03, 2018
Jkt 244001
period. Vessels may not enter the
regulated area unless they receive
permission from the designated
representative.
The Coast Guard will have a marine
event patrol, as described in 33 CFR
100.40(a), to the event. Additionally, a
Patrol Commander will be assigned to
oversee the patrol. The marine event
patrol and Patrol Commander may be
contacted on VHF–FM Channel 16.
During the enforcement period, the
Coast Guard Patrol Commander may
forbid and control the movement of all
vessels in the regulated area. When
hailed or signaled by the marine event
patrol vessel or Patrol Commander, a
vessel within the regulated area shall
immediately comply with the directions
given. Failure to do so may result in
expulsion from the regulated area,
citation for failure to comply, or both.
The Coast Guard Patrol Commander
may terminate the event, or the
operation of any vessel participating in
the event, at any time he or she deems
it necessary for the protection of life or
property. Coast Guard Sector Delaware
Bay will notify the public by a broadcast
notice to mariners at least one hour
prior to the times of enforcement.
Additionally a broadcast notice to
marines will notify mariners of the
termination of the Special Local
Regulation.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
Although this regulation will restrict
access to the regulated area, the effect of
this proposed rule will not be
significant because: (i) The Coast Guard
will make extensive notification of the
regulated area to the maritime public via
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
19657
maritime advisories so mariners can
alter their plans accordingly; (ii) vessels
may still be permitted to transit through
the regulated area with the permission
of the designated representative on a
case-by-case basis; and (iii) this rule will
be enforced for only the duration of the
tall ships parade, a six hour event.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. 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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the regulated
area may be small entities, for the
reasons stated above in IV.A above, this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 this proposed rule. 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 person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
E:\FR\FM\04MYP1.SGM
04MYP1
19658
Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Proposed Rules
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
amozie on DSK3GDR082PROD with PROPOSALS
E. 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 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Commandant Instruction M16475.1D,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a special local regulation
lasting less than 7 hours that would
prohibit entry into portions of the
Delaware River in order to promote
public and maritime safety during a tall
ships parade. Normally such actions are
categorically excluded from further
review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01.
Supporting documentation is available
VerDate Sep<11>2014
16:40 May 03, 2018
Jkt 244001
in the docket where indicated under
We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
ADDRESSES.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
G. Protest Activities
Authority: 33 U.S.C 1233, 33 CFR
1.05–1.
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
■
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
2. Add temporary § 100.T05–0209, to
read as follows:
§ 100.T05–0209 Special Local Regulations
For Marine Events, Delaware River;
Philadelphia, PA.
(a) Regulated areas. All waters of the
Delaware River, adjacent to
Philadelphia, Pennsylvania, bounded in
the west by the Pennsylvania shoreline,
bounded in the east by the eastern edge
of the navigation channel as depicted on
U.S. Nautical Chart 12313 or U.S.
Electronic Nautical Chart US5PA12M,
bounded in the south by the Walt
Whitman Bridge, and bounded on the
north by the Benjamin Franklin Bridge.
In addition, the special local regulation
includes all waters of the Delaware
River south of the Benjamin Franklin
Bridge to an east-west line from the
northern end of Wiggins Marina in
Camden, New Jersey, (39°56′32″ N and
075°07′56″ W) to the Pennsylvania
shoreline. The coordinates for both
areas are based on datum WGS 84.
(b) Definitions. (1) As used in this
section, Captain of the Port means the
Commander, Sector Delaware Bay or
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port to
act on his behalf.
(2) Coast Guard Patrol Commander. A
Patrol Commander (PATCOM) is a
commissioned, warrant, or petty officer
of the Coast Guard who has been
designated by the respective Coast
Guard Sector—Captain of the Port to
enforce these regulations.
(3) Official patrol. Any vessel
assigned or approved by the respective
Captain of the Port with a
commissioned, warrant, or petty officer
on board and displaying a Coast Guard
ensign.
(4) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(c) Regulations. (1) Controls on vessel
movement. The PATCOM or designated
marine event patrol may forbid and
control the movement of all vessels in
the regulated area(s). When hailed or
signaled by an official patrol vessel, a
vessel in these areas shall immediately
comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
E:\FR\FM\04MYP1.SGM
04MYP1
Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Proposed Rules
(2) Directions, instructions, and
minimum speed necessary. The operator
of any vessel in the regulated area shall:
(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) Vessel operators may request
permission to enter and transit through
a regulated area by contacting the
PATCOM on VHF–FM channel 16.
When authorized to transit through the
regulated area, vessels shall proceed at
the minimum speed necessary to
maintain a safe course that minimizes
wake near the race course or marine
event area.
(d) Enforcement Period. This rule will
be enforced from noon through 6 p.m.
on May 24, 2018, unless cancelled
earlier by the Captain of the Port once
all operations are completed.
Dated: April 30, 2018.
Scott. E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2018–09436 Filed 5–3–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0257]
RIN 1625–AA09
Drawbridge Operation Regulation;
Delaware River, Pennsauken
Township, NJ
Coast Guard, DHS.
Notice of proposed rulemaking;
reopening comment period.
AGENCY:
ACTION:
The Coast Guard is reopening
the comment period to solicit additional
comments concerning the notice of
proposed rulemaking (NPRM), which
published on June 30, 2017. Reopening
the comment period will allow the
public to provide input on the proposed
change to the regulation governing the
DELAIR Memorial Railroad Bridge
across the Delaware River, mile 104.6, at
Pennsauken Township, NJ.
DATES: The comment period for the
proposed rule published June 30, 2017,
at 82 FR 29800, is reopened. Comments
and related material must reach the
Coast Guard on or before August 17,
2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
amozie on DSK3GDR082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:40 May 03, 2018
Jkt 244001
2016–0257 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or email Mr. Hal R. Pitts, Fifth
Coast Guard District (dpb); telephone
(757) 398–6222, email Hal.R.Pitts@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
On June 30, 2017, we published a
notice of proposed rulemaking (NPRM)
entitled, ‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ in the Federal Register
(82 FR 29800). The original comment
period closed on August 18, 2017. The
NPRM proposed changes to the
regulation governing the DELAIR
Memorial Railroad Bridge across the
Delaware River, mile 104.6, at
Pennsauken Township, and contained
useful background and analysis related
to the proposed changes. The
installation of the remote operation
system did not change the operational
schedule of the bridge.1 The public is
encouraged to review the NPRM.
On April 12, 2017, we published a
temporary deviation entitled
‘‘Drawbridge Operation Regulation;
Delaware River, Pennsauken Township,
NJ’’ in the Federal Register (82 FR
17561). During the initial test deviation
performed from 8 a.m. on April 24,
2017, through 7:59 a.m. on October 21,
2017, the bridge owner identified
deficiencies in the remote operation
center procedures, bridge to vessel
communications, and equipment
redundancy.
The bridge owner implemented
policies and provided training to
address the procedural and
communications deficiencies, and
implemented backup systems to
mitigate potential equipment and
systems failures. These changes were
not fully evaluated during the
temporary deviation ending October 21,
2017. Therefore, the Coast Guard
decided to issue a second temporary
deviation (‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ in the Federal Register
(82 FR 48419), to complete the
1 A full description of the remote operational
system is outlined in the aforementioned
publication, which can be found at https://
regulations.gov. (see ADDRESSES for more
information).
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
19659
evaluation of the changes incorporated
into the remote operation system.
On December 6, 2017, we published
a notice of proposed rulemaking;
reopening of comment period (NPRM);
entitled ‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ in the Federal Register
(82 FR 57561). This notice included a
request for comments and related
material to reach the Coast Guard on or
before January 15, 2018.
On January 22, 2018, we published a
notice of temporary deviation;
reopening of comment period; entitled
‘‘Drawbridge Operation Regulation;
Delaware River, Pennsauken Township,
NJ’’ in the Federal Register (83 FR
2909). This notice included a request for
comments and related material to reach
the Coast Guard on or before March 2,
2018.
On February 15, 2018, we published
a notice of proposed rulemaking;
reopening comment period; entitled
‘‘Drawbridge Operation Regulation;
Delaware River, Pennsauken Township,
NJ’’ in the Federal Register (see 83 FR
6821). This notice included a request for
comments and related material to reach
the Coast Guard on or before March 2,
2018.
The Coast Guard has reviewed 25
comments posted to the docket, six
reports with supporting documentation
submitted by the bridge owner during
the initial and second temporary
deviations, and other information
concerning the remote operation system
of the DELAIR Memorial Railroad
Bridge. Through this review, the Coast
Guard found that further testing and
evaluation of the remote operation
system of the drawbridge is necessary
before making a decision on the
proposed regulation. The Coast Guard
has issued a third temporary deviation
from 8 a.m. on April 19, 2018, through
7:59 a.m. on October 16, 2018, to
provide sufficient time for further
testing and evaluation of the remote
operation system of the DELAIR
Memorial Railroad Bridge.
During this temporary deviation, the
following changes have been
implemented: (1) The on-site bridge
tender will be removed from the bridge,
(2) qualified personnel will return and
operate the bridge within 60 minutes if
the remote operation system is
considered in a failed condition,2 and
2 The conditions in which the remote operation
system will be considered in a failed condition are
detailed in the Supplementary Information: III.
Discussion of Proposed Rule section of the Notice
of Proposed Rulemaking (NPRM), which can be
found at: https://regulations.gov, (see ADDRESSES for
more information).
E:\FR\FM\04MYP1.SGM
04MYP1
]]>Agencies
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Proposed Rules]
[Pages 19656-19659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09436]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2018-0209]
RIN 1625-AA08
Special Local Regulations for Marine Events, Delaware River;
Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a special local
regulation on the waters of the Delaware River in Philadelphia,
Pennsylvania. The regulation would restrict vessel traffic operations
on a portion of the Delaware River during the Tall Ships Parade of Sail
event that is taking place on May 24, 2018, from 12:00 noon to 6:00
p.m. This regulation is necessary to protect the surrounding public and
vessels from the hazards associated with a parade of sail.
DATES: Comments and related material must be received by the Coast
Guard on or before May 11, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0209 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant (Junior Grade) Kiley Relf, U.S. Coast Guard,
Sector Delaware Bay, Chief Waterways Management Division, Coast Guard;
telephone (215) 271-4851, email [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 19657]]
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The sponsor for the Sail Philadelphia marine event submitted an
application for a marine event permit that will take place from May 24,
2018, through May 28, 2018. The event includes a tall ships parade from
noon to 6 p.m. on May 24, 2018. The COTP Delaware Bay has determined
that potential hazards associated with the parade would be a safety
concern for anyone intending to participate in this event or for
vessels that operate within the waters where this event will be held.
The purpose of this proposed rulemaking is to ensure the safety of
vessels and persons during the tall ships' parade on the navigable
waters of the Delaware River in Philadelphia, Pennsylvania. The Coast
Guard proposes this rulemaking under authority in 33 U.S.C. 1233.
III. Discussion of Proposed Rule
The COTP Delaware Bay, proposes the establishment of a special
local regulation on specified waters of the Delaware River, adjacent to
Philadelphia, Pennsylvania, bounded in the west by the Pennsylvania
shoreline, bounded in the east by the eastern edge of the navigation
channel, bounded in the South by the Walt Whitman Bridge, and bounded
on the north by the Benjamin Franklin Bridge. In addition, the special
local regulation includes all waters of the Delaware River South of the
Benjamin Franklin Bridge to an east-west line from the northern end of
Wiggins Marina in Camden, New Jersey, (39[deg]56'32'' N and
075[deg]07'56'' W) to the Pennsylvania shoreline. The special local
regulation will be effective and enforced during the tall ships parade
from noon through 6 p.m. on May 24, 2018. Access to the regulated area
will be restricted during the specified date and time.
A fleet of spectator vessels is anticipated to gather nearby to
view the marine event. Due to the need for vessel control during the
marine event, vessel traffic will temporarily be restricted to provide
safety of participants, spectators and transiting vessels. The Coast
Guard will apply the provisions of 33 CFR 100.501(c) to the above
specified locations during the enforcement period. Vessels may not
enter the regulated area unless they receive permission from the
designated representative.
The Coast Guard will have a marine event patrol, as described in 33
CFR 100.40(a), to the event. Additionally, a Patrol Commander will be
assigned to oversee the patrol. The marine event patrol and Patrol
Commander may be contacted on VHF-FM Channel 16. During the enforcement
period, the Coast Guard Patrol Commander may forbid and control the
movement of all vessels in the regulated area. When hailed or signaled
by the marine event patrol vessel or Patrol Commander, a vessel within
the regulated area shall immediately comply with the directions given.
Failure to do so may result in expulsion from the regulated area,
citation for failure to comply, or both. The Coast Guard Patrol
Commander may terminate the event, or the operation of any vessel
participating in the event, at any time he or she deems it necessary
for the protection of life or property. Coast Guard Sector Delaware Bay
will notify the public by a broadcast notice to mariners at least one
hour prior to the times of enforcement. Additionally a broadcast notice
to marines will notify mariners of the termination of the Special Local
Regulation.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
Although this regulation will restrict access to the regulated
area, the effect of this proposed rule will not be significant because:
(i) The Coast Guard will make extensive notification of the regulated
area to the maritime public via maritime advisories so mariners can
alter their plans accordingly; (ii) vessels may still be permitted to
transit through the regulated area with the permission of the
designated representative on a case-by-case basis; and (iii) this rule
will be enforced for only the duration of the tall ships parade, a six
hour event.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated above in
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 this proposed rule. 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 person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct
[[Page 19658]]
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. We have
analyzed this proposed rule under that Order and have determined that
it is consistent with the fundamental federalism principles and
preemption requirements described in Executive Order 13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a special local regulation
lasting less than 7 hours that would prohibit entry into portions of
the Delaware River in order to promote public and maritime safety
during a tall ships parade. Normally such actions are categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 01. Supporting
documentation is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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, 33 CFR 1.05-1.
0
2. Add temporary Sec. 100.T05-0209, to read as follows:
Sec. 100.T05-0209 Special Local Regulations For Marine Events,
Delaware River; Philadelphia, PA.
(a) Regulated areas. All waters of the Delaware River, adjacent to
Philadelphia, Pennsylvania, bounded in the west by the Pennsylvania
shoreline, bounded in the east by the eastern edge of the navigation
channel as depicted on U.S. Nautical Chart 12313 or U.S. Electronic
Nautical Chart US5PA12M, bounded in the south by the Walt Whitman
Bridge, and bounded on the north by the Benjamin Franklin Bridge. In
addition, the special local regulation includes all waters of the
Delaware River south of the Benjamin Franklin Bridge to an east-west
line from the northern end of Wiggins Marina in Camden, New Jersey,
(39[deg]56'32'' N and 075[deg]07'56'' W) to the Pennsylvania shoreline.
The coordinates for both areas are based on datum WGS 84.
(b) Definitions. (1) As used in this section, Captain of the Port
means the Commander, Sector Delaware Bay or any Coast Guard
commissioned, warrant, or petty officer who has been authorized by the
Captain of the Port to act on his behalf.
(2) Coast Guard Patrol Commander. A Patrol Commander (PATCOM) is a
commissioned, warrant, or petty officer of the Coast Guard who has been
designated by the respective Coast Guard Sector--Captain of the Port to
enforce these regulations.
(3) Official patrol. Any vessel assigned or approved by the
respective Captain of the Port with a commissioned, warrant, or petty
officer on board and displaying a Coast Guard ensign.
(4) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(c) Regulations. (1) Controls on vessel movement. The PATCOM or
designated marine event patrol may forbid and control the movement of
all vessels in the regulated area(s). When hailed or signaled by an
official patrol vessel, a vessel in these areas shall immediately
comply with the directions given. Failure to do so may result in
expulsion from the area, citation for failure to comply, or both.
[[Page 19659]]
(2) Directions, instructions, and minimum speed necessary. The
operator of any vessel in the regulated area shall:
(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) Vessel operators may request permission to enter and transit
through a regulated area by contacting the PATCOM on VHF-FM channel 16.
When authorized to transit through the regulated area, vessels shall
proceed at the minimum speed necessary to maintain a safe course that
minimizes wake near the race course or marine event area.
(d) Enforcement Period. This rule will be enforced from noon
through 6 p.m. on May 24, 2018, unless cancelled earlier by the Captain
of the Port once all operations are completed.
Dated: April 30, 2018.
Scott. E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-09436 Filed 5-3-18; 8:45 am]
BILLING CODE 9110-04-P
