83_FR_19743 83 FR 19656 - Special Local Regulations for Marine Events, Delaware River; Philadelphia, PA

83 FR 19656 - Special Local Regulations for Marine Events, Delaware River; Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 87 (May 4, 2018)

Page Range19656-19659
FR Document2018-09436

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.

Federal Register, Volume 83 Issue 87 (Friday, May 4, 2018)
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Proposed Rules]
[Pages 19656-19659]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09436]


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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 http://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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://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 http://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



                                               19656                       Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Proposed Rules

                                               Availability of NPRMs                                   Regulatory Notices and Analyses                           (Lat. 58°05′46″ N, long. 135°24′32″ W)
                                                                                                         The FAA has determined that this                        That airspace extending upward from 700
                                                  An electronic copy of this document                                                                          feet above the surface within a 3-mile radius
                                               may be downloaded through the                           proposed regulation only involves an
                                                                                                                                                               of the Hoonah Airport and within 3 miles
                                               internet at http://www.regulations.gov.                 established body of technical                           each side of the airport 077° bearing
                                               Recently published rulemaking                           regulations for which frequent and                      extending from the airport 3-mile radius to
                                               documents can also be accessed through                  routine amendments are necessary to                     8.1 miles east of the airport.
                                               the FAA’s web page at http://                           keep them operationally current, is non-
                                                                                                                                                                 Issued in Seattle, Washington, on April 23,
                                               www.faa.gov/air_traffic/publications/                   controversial and unlikely to result in                 2018.
                                               airspace_amendments/.                                   adverse or negative comments. It,
                                                                                                                                                               B.G. Chew,
                                                                                                       therefore: (1) Is not a ‘‘significant
                                                  You may review the public docket                                                                             Acting Group Manager, Operations Support
                                                                                                       regulatory action’’ under Executive
                                               containing the proposal, any comments                                                                           Group, Western Service Center.
                                                                                                       Order 12866; (2) is not a ‘‘significant
                                               received, and any final disposition in                                                                          [FR Doc. 2018–09108 Filed 5–3–18; 8:45 am]
                                                                                                       rule’’ under DOT Regulatory Policies
                                               person in the Dockets Office (see the                                                                           BILLING CODE 4910–13–P
                                                                                                       and Procedures (44 FR 11034; February
                                               ADDRESSES section for the address and
                                                                                                       26, 1979); and (3) does not warrant
                                               phone number) between 9:00 a.m. and
                                                                                                       preparation of a regulatory evaluation as
                                               5:00 p.m., Monday through Friday,
                                                                                                       the anticipated impact is so minimal.                   DEPARTMENT OF HOMELAND
                                               except federal holidays. An informal
                                                                                                       Since this is a routine matter that will                SECURITY
                                               docket may also be examined between
                                                                                                       only affect air traffic procedures and air
                                               8:00 a.m. and 4:30 p.m., Monday
                                                                                                       navigation, it is certified that this                   Coast Guard
                                               through Friday, except federal holidays,
                                                                                                       proposed rule, when promulgated,
                                               at the Northwest Mountain Regional
                                                                                                       would not have a significant economic                   33 CFR Part 100
                                               Office of the Federal Aviation
                                                                                                       impact on a substantial number of small
                                               Administration, Air Traffic                                                                                     [Docket Number USCG–2018–0209]
                                                                                                       entities under the criteria of the
                                               Organization, Western Service Center,
                                                                                                       Regulatory Flexibility Act.
                                               Operations Support Group, 2200 S                                                                                RIN 1625–AA08
                                               216th St., Des Moines, WA 98198–6547.                   Environmental Review
                                                                                                                                                               Special Local Regulations for Marine
                                               Availability and Summary of                                This proposal will be subject to an
                                                                                                                                                               Events, Delaware River; Philadelphia,
                                               Documents for Incorporation by                          environmental analysis in accordance
                                                                                                                                                               PA
                                               Reference                                               with FAA Order 1050.1F,
                                                                                                       ‘‘Environmental Impacts: Policies and                   AGENCY:   Coast Guard, DHS.
                                                 This document proposes to amend                       Procedures’’ prior to any FAA final
                                               FAA Order 7400.11B, Airspace                                                                                    ACTION:   Notice of Proposed Rulemaking.
                                                                                                       regulatory action.
                                               Designations and Reporting Points,                                                                              SUMMARY:   The Coast Guard is proposing
                                               dated August 3, 2017, and effective                     List of Subjects in 14 CFR Part 71
                                                                                                                                                               to establish a special local regulation on
                                               September 15, 2017. FAA Order                             Airspace, Incorporation by reference,                 the waters of the Delaware River in
                                               7400.11B is publicly available as listed                Navigation (air).                                       Philadelphia, Pennsylvania. The
                                               in the ADDRESSES section of this                                                                                regulation would restrict vessel traffic
                                               document. FAA Order 7400.11B lists                      The Proposed Amendment
                                                                                                                                                               operations on a portion of the Delaware
                                               Class A, B, C, D, and E airspace areas,                   Accordingly, pursuant to the                          River during the Tall Ships Parade of
                                               air traffic service routes, and reporting               authority delegated to me, the Federal                  Sail event that is taking place on May
                                               points.                                                 Aviation Administration proposes to                     24, 2018, from 12:00 noon to 6:00 p.m.
                                                                                                       amend 14 CFR part 71 as follows:                        This regulation is necessary to protect
                                               The Proposal
                                                                                                       PART 71—DESIGNATION OF CLASS A,                         the surrounding public and vessels from
                                                  The FAA is proposing an amendment                                                                            the hazards associated with a parade of
                                               to Title 14 Code of Federal Regulations                 B, C, D, AND E AIRSPACE AREAS; AIR
                                                                                                       TRAFFIC SERVICE ROUTES; AND                             sail.
                                               (14 CFR) part 71 by establishing a                                                                              DATES: Comments and related material
                                               designated stand-alone Class E airspace                 REPORTING POINTS
                                                                                                                                                               must be received by the Coast Guard on
                                               extending upward from 700 feet above                    ■ 1. The authority citation for 14 CFR                  or before May 11, 2018.
                                               the surface at Hoonah Airport, Hoonah,                  part 71 continues to read as follows:                   ADDRESSES: You may submit comments
                                               AK, within a 3-mile radius of the airport
                                               and within 3 miles each side of the 077°                  Authority: 49 U.S.C. 106(f), 106(g); 40103,           identified by docket number USCG–
                                               bearing from the airport extending from                 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            2018–0209 using the Federal
                                                                                                       1959–1963 Comp., p. 389.                                eRulemaking Portal at http://
                                               the airport 3-mile radius to 8.1 miles
                                               east of the airport. This airspace area                                                                         www.regulations.gov. See the ‘‘Public
                                                                                                       § 71.1       [Amended]
                                               would specifically support IFR                                                                                  Participation and Request for
                                                                                                       ■ 2. The incorporation by reference in                  Comments’’ portion of the
                                               operations at Hoonah Airport, and                       14 CFR 71.1 of FAA Order 7400.11B,                      SUPPLEMENTARY INFORMATION section for
                                               would be unaffected by any proposed                     Airspace Designations and Reporting
                                               changes that would occur at any other                                                                           further instructions on submitting
                                                                                                       Points, dated August 3, 2017, and                       comments.
                                               airport.                                                effective September 15, 2017, is
amozie on DSK3GDR082PROD with PROPOSALS




                                                  Class E airspace designations are                    amended as follows:                                     FOR FURTHER INFORMATION CONTACT:     If
                                               published in paragraph 6005 of FAA                                                                              you have questions on this rule, call or
                                                                                                       Paragraph 6005 Class E Airspace Areas                   email Lieutenant (Junior Grade) Kiley
                                               Order 7400.11B, dated August 3, 2017                    Extending Upward From 700 Feet or More
                                               and effective September 15, 2017, which                 Above the Surface of the Earth.
                                                                                                                                                               Relf, U.S. Coast Guard, Sector Delaware
                                               is incorporated by reference in 14 CFR                                                                          Bay, Chief Waterways Management
                                                                                                       *        *      *      *       *                        Division, Coast Guard; telephone (215)
                                               71.1. The Class E airspace designation
                                               listed in this document will be                         AAL AK E5 Hoonah, AK [New]                              271–4851, email Kiley.A.Relf@uscg.mil.
                                               published subsequently in the Order.                    Hoonah Airport, AK                                      SUPPLEMENTARY INFORMATION:



                                          VerDate Sep<11>2014   16:40 May 03, 2018   Jkt 244001   PO 00000   Frm 00009     Fmt 4702   Sfmt 4702   E:\FR\FM\04MYP1.SGM   04MYP1


                                                                           Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Proposed Rules                                             19657

                                               I. Table of Abbreviations                               period. Vessels may not enter the                     maritime advisories so mariners can
                                                                                                       regulated area unless they receive                    alter their plans accordingly; (ii) vessels
                                               CFR Code of Federal Regulations                         permission from the designated                        may still be permitted to transit through
                                               COTP Captain of the Port                                representative.                                       the regulated area with the permission
                                               DHS Department of Homeland Security                        The Coast Guard will have a marine                 of the designated representative on a
                                               FR Federal Register                                     event patrol, as described in 33 CFR
                                               NPRM Notice of proposed rulemaking
                                                                                                                                                             case-by-case basis; and (iii) this rule will
                                               § Section
                                                                                                       100.40(a), to the event. Additionally, a              be enforced for only the duration of the
                                               U.S.C. United States Code                               Patrol Commander will be assigned to                  tall ships parade, a six hour event.
                                                                                                       oversee the patrol. The marine event
                                                                                                       patrol and Patrol Commander may be                    B. Impact on Small Entities
                                               II. Background, Purpose, and Legal
                                               Basis                                                   contacted on VHF–FM Channel 16.                          The Regulatory Flexibility Act of
                                                                                                       During the enforcement period, the                    1980, 5 U.S.C. 601–612, as amended,
                                                  The sponsor for the Sail Philadelphia                Coast Guard Patrol Commander may                      requires Federal agencies to consider
                                               marine event submitted an application                   forbid and control the movement of all                the potential impact of regulations on
                                               for a marine event permit that will take                vessels in the regulated area. When                   small entities during rulemaking. The
                                               place from May 24, 2018, through May                    hailed or signaled by the marine event                term ‘‘small entities’’ comprises small
                                               28, 2018. The event includes a tall ships               patrol vessel or Patrol Commander, a                  businesses, not-for-profit organizations
                                               parade from noon to 6 p.m. on May 24,                   vessel within the regulated area shall                that are independently owned and
                                               2018. The COTP Delaware Bay has                         immediately comply with the directions                operated and are not dominant in their
                                               determined that potential hazards                       given. Failure to do so may result in                 fields, and governmental jurisdictions
                                               associated with the parade would be a                   expulsion from the regulated area,                    with populations of less than 50,000.
                                               safety concern for anyone intending to                  citation for failure to comply, or both.              The Coast Guard certifies under 5 U.S.C.
                                               participate in this event or for vessels                The Coast Guard Patrol Commander                      605(b) that this proposed rule would not
                                               that operate within the waters where                    may terminate the event, or the                       have a significant economic impact on
                                               this event will be held.                                operation of any vessel participating in              a substantial number of small entities.
                                                  The purpose of this proposed                         the event, at any time he or she deems                   While some owners or operators of
                                               rulemaking is to ensure the safety of                   it necessary for the protection of life or            vessels intending to transit the regulated
                                               vessels and persons during the tall                     property. Coast Guard Sector Delaware                 area may be small entities, for the
                                               ships’ parade on the navigable waters of                Bay will notify the public by a broadcast             reasons stated above in IV.A above, this
                                               the Delaware River in Philadelphia,                     notice to mariners at least one hour                  proposed rule would not have a
                                               Pennsylvania. The Coast Guard                           prior to the times of enforcement.                    significant economic impact on any
                                               proposes this rulemaking under                          Additionally a broadcast notice to                    vessel owner or operator.
                                               authority in 33 U.S.C. 1233.                            marines will notify mariners of the                      If you think that your business,
                                               III. Discussion of Proposed Rule                        termination of the Special Local                      organization, or governmental
                                                                                                       Regulation.                                           jurisdiction qualifies as a small entity
                                                  The COTP Delaware Bay, proposes                                                                            and that this rule would have a
                                               the establishment of a special local                    IV. Regulatory Analyses
                                                                                                                                                             significant economic impact on it,
                                               regulation on specified waters of the                     We developed this proposed rule after               please submit a comment (see
                                               Delaware River, adjacent to                             considering numerous statutes and                     ADDRESSES) explaining why you think it
                                               Philadelphia, Pennsylvania, bounded in                  Executive orders related to rulemaking.               qualifies and how and to what degree
                                               the west by the Pennsylvania shoreline,                 Below we summarize our analyses                       this rule would economically affect it.
                                               bounded in the east by the eastern edge                 based on a number of these statutes and                  Under section 213(a) of the Small
                                               of the navigation channel, bounded in                   Executive orders and we discuss First                 Business Regulatory Enforcement
                                               the South by the Walt Whitman Bridge,                   Amendment rights of protestors.                       Fairness Act of 1996 (Pub. L. 104–121),
                                               and bounded on the north by the                                                                               we want to assist small entities in
                                               Benjamin Franklin Bridge. In addition,                  A. Regulatory Planning and Review
                                                                                                                                                             understanding this proposed rule. If the
                                               the special local regulation includes all                  Executive Orders 12866 and 13563                   rule would affect your small business,
                                               waters of the Delaware River South of                   direct agencies to assess the costs and               organization, or governmental
                                               the Benjamin Franklin Bridge to an east-                benefits of available regulatory                      jurisdiction and you have questions
                                               west line from the northern end of                      alternatives and, if regulation is                    concerning its provisions or options for
                                               Wiggins Marina in Camden, New Jersey,                   necessary, to select regulatory                       compliance, please contact the person
                                               (39°56′32″ N and 075°07′56″ W) to the                   approaches that maximize net benefits.                listed in the FOR FURTHER INFORMATION
                                               Pennsylvania shoreline. The special                     Executive Order 13771 directs agencies                CONTACT section. The Coast Guard will
                                               local regulation will be effective and                  to control regulatory costs through a                 not retaliate against small entities that
                                               enforced during the tall ships parade                   budgeting process. This NPRM has not                  question or complain about this
                                               from noon through 6 p.m. on May 24,                     been designated a ‘‘significant                       proposed rule or any policy or action of
                                               2018. Access to the regulated area will                 regulatory action,’’ under Executive                  the Coast Guard.
                                               be restricted during the specified date                 Order 12866. Accordingly, the NPRM
                                               and time.                                               has not been reviewed by the Office of                C. Collection of Information
                                                  A fleet of spectator vessels is                      Management and Budget (OMB), and                        This proposed rule would not call for
                                               anticipated to gather nearby to view the                pursuant to OMB guidance it is exempt                 a new collection of information under
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                                               marine event. Due to the need for vessel                from the requirements of Executive                    the Paperwork Reduction Act of 1995
                                               control during the marine event, vessel                 Order 13771.                                          (44 U.S.C. 3501–3520).
                                               traffic will temporarily be restricted to                  Although this regulation will restrict
                                               provide safety of participants, spectators              access to the regulated area, the effect of           D. Federalism and Indian Tribal
                                               and transiting vessels. The Coast Guard                 this proposed rule will not be                        Governments
                                               will apply the provisions of 33 CFR                     significant because: (i) The Coast Guard                A rule has implications for federalism
                                               100.501(c) to the above specified                       will make extensive notification of the               under Executive Order 13132,
                                               locations during the enforcement                        regulated area to the maritime public via             Federalism, if it has a substantial direct


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                                               19658                       Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Proposed Rules

                                               effect on the States, on the relationship               in the docket where indicated under                   PART 100—SAFETY OF LIFE ON
                                               between the national government and                     ADDRESSES.  We seek any comments or                   NAVIGABLE WATERS
                                               the States, or on the distribution of                   information that may lead to the
                                               power and responsibilities among the                    discovery of a significant environmental              ■ 1. The authority citation for part 100
                                               various levels of government. We have                   impact from this proposed rule.                       continues to read as follows:
                                               analyzed this proposed rule under that                                                                          Authority: 33 U.S.C 1233, 33 CFR
                                               Order and have determined that it is                    G. Protest Activities
                                                                                                                                                             1.05–1.
                                               consistent with the fundamental                           The Coast Guard respects the First
                                               federalism principles and preemption                                                                          ■ 2. Add temporary § 100.T05–0209, to
                                                                                                       Amendment rights of protesters.                       read as follows:
                                               requirements described in Executive                     Protesters are asked to contact the
                                               Order 13132.                                            person listed in the FOR FURTHER                      § 100.T05–0209 Special Local Regulations
                                                  Also, this proposed rule does not have               INFORMATION CONTACT section to                        For Marine Events, Delaware River;
                                               tribal implications under Executive                     coordinate protest activities so that your            Philadelphia, PA.
                                               Order 13175, Consultation and                           message can be received without                         (a) Regulated areas. All waters of the
                                               Coordination with Indian Tribal                         jeopardizing the safety or security of                Delaware River, adjacent to
                                               Governments, because it would not have
                                                                                                       people, places, or vessels.                           Philadelphia, Pennsylvania, bounded in
                                               a substantial direct effect on one or
                                                                                                                                                             the west by the Pennsylvania shoreline,
                                               more Indian tribes, on the relationship                 V. Public Participation and Request for
                                                                                                                                                             bounded in the east by the eastern edge
                                               between the Federal Government and                      Comments
                                                                                                                                                             of the navigation channel as depicted on
                                               Indian tribes, or on the distribution of
                                                                                                          We view public participation as                    U.S. Nautical Chart 12313 or U.S.
                                               power and responsibilities between the
                                                                                                       essential to effective rulemaking, and                Electronic Nautical Chart US5PA12M,
                                               Federal Government and Indian tribes.
                                               If you believe this proposed rule has                   will consider all comments and material               bounded in the south by the Walt
                                               implications for federalism or Indian                   received during the comment period.                   Whitman Bridge, and bounded on the
                                               tribes, please contact the person listed                Your comment can help shape the                       north by the Benjamin Franklin Bridge.
                                               in the FOR FURTHER INFORMATION                          outcome of this rulemaking. If you                    In addition, the special local regulation
                                               CONTACT section.                                        submit a comment, please include the                  includes all waters of the Delaware
                                                                                                       docket number for this rulemaking,                    River south of the Benjamin Franklin
                                               E. Unfunded Mandates Reform Act                         indicate the specific section of this                 Bridge to an east-west line from the
                                                  The Unfunded Mandates Reform Act                     document to which each comment                        northern end of Wiggins Marina in
                                               of 1995 (2 U.S.C. 1531–1538) requires                   applies, and provide a reason for each                Camden, New Jersey, (39°56′32″ N and
                                               Federal agencies to assess the effects of               suggestion or recommendation.                         075°07′56″ W) to the Pennsylvania
                                               their discretionary regulatory actions. In                                                                    shoreline. The coordinates for both
                                                                                                          We encourage you to submit
                                               particular, the Act addresses actions                                                                         areas are based on datum WGS 84.
                                                                                                       comments through the Federal
                                               that may result in the expenditure by a                 eRulemaking Portal at http://                           (b) Definitions. (1) As used in this
                                               State, local, or tribal government, in the              www.regulations.gov. If your material                 section, Captain of the Port means the
                                               aggregate, or by the private sector of                  cannot be submitted using http://                     Commander, Sector Delaware Bay or
                                               $100,000,000 (adjusted for inflation) or                www.regulations.gov, contact the person               any Coast Guard commissioned,
                                               more in any one year. Though this                       in the FOR FURTHER INFORMATION                        warrant, or petty officer who has been
                                               proposed rule would not result in such                  CONTACT section of this document for                  authorized by the Captain of the Port to
                                               an expenditure, we do discuss the                       alternate instructions.                               act on his behalf.
                                               effects of this rule elsewhere in this                                                                          (2) Coast Guard Patrol Commander. A
                                               preamble.                                                  We accept anonymous comments. All
                                                                                                                                                             Patrol Commander (PATCOM) is a
                                                                                                       comments received will be posted
                                               F. Environment                                                                                                commissioned, warrant, or petty officer
                                                                                                       without change to http://
                                                                                                                                                             of the Coast Guard who has been
                                                 We have analyzed this proposed rule                   www.regulations.gov and will include
                                                                                                                                                             designated by the respective Coast
                                               under Department of Homeland                            any personal information you have
                                                                                                                                                             Guard Sector—Captain of the Port to
                                               Security Directive 023–01 and                           provided. For more about privacy and
                                                                                                                                                             enforce these regulations.
                                               Commandant Instruction M16475.1D,                       the docket, visit http://
                                               which guide the Coast Guard in                          www.regulations.gov/privacyNotice.                      (3) Official patrol. Any vessel
                                               complying with the National                                                                                   assigned or approved by the respective
                                                                                                          Documents mentioned in this NPRM                   Captain of the Port with a
                                               Environmental Policy Act of 1969 (42                    as being available in the docket, and all
                                               U.S.C. 4321–4370f), and have made a                                                                           commissioned, warrant, or petty officer
                                                                                                       public comments, will be in our online                on board and displaying a Coast Guard
                                               preliminary determination that this                     docket at http://www.regulations.gov
                                               action is one of a category of actions that                                                                   ensign.
                                                                                                       and can be viewed by following that
                                               do not individually or cumulatively                     website’s instructions. Additionally, if                (4) Spectators. All persons and vessels
                                               have a significant effect on the human                  you go to the online docket and sign up               not registered with the event sponsor as
                                               environment. This proposed rule                         for email alerts, you will be notified                participants or official patrol vessels.
                                               involves a special local regulation                     when comments are posted or a final                     (c) Regulations. (1) Controls on vessel
                                               lasting less than 7 hours that would                    rule is published.                                    movement. The PATCOM or designated
                                               prohibit entry into portions of the                                                                           marine event patrol may forbid and
                                                                                                       List of Subjects in 33 CFR Part 100
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                                               Delaware River in order to promote                                                                            control the movement of all vessels in
                                               public and maritime safety during a tall                                                                      the regulated area(s). When hailed or
                                                                                                         Marine safety, Navigation (water),
                                               ships parade. Normally such actions are                                                                       signaled by an official patrol vessel, a
                                                                                                       Reporting and recordkeeping
                                               categorically excluded from further                                                                           vessel in these areas shall immediately
                                                                                                       requirements, Waterways.
                                               review under paragraph L61 of                                                                                 comply with the directions given.
                                               Appendix A, Table 1 of DHS Instruction                    For the reasons discussed in the                    Failure to do so may result in expulsion
                                               Manual 023–01–001–01, Rev. 01.                          preamble, the Coast Guard proposes to                 from the area, citation for failure to
                                               Supporting documentation is available                   amend 33 CFR part 100 as follows:                     comply, or both.


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                                                                           Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Proposed Rules                                                    19659

                                                  (2) Directions, instructions, and                    2016–0257 using Federal eRulemaking                   evaluation of the changes incorporated
                                               minimum speed necessary. The operator                   Portal at http://www.regulations.gov.                 into the remote operation system.
                                               of any vessel in the regulated area shall:              See the ‘‘Public Participation and                       On December 6, 2017, we published
                                                  (i) Stop the vessel immediately when                 Request for Comments’’ portion of the                 a notice of proposed rulemaking;
                                               directed to do so by any Official Patrol                SUPPLEMENTARY INFORMATION section                     reopening of comment period (NPRM);
                                               and then proceed only as directed.                      below for instructions on submitting                  entitled ‘‘Drawbridge Operation
                                                  (ii) All persons and vessels shall                   comments.                                             Regulation; Delaware River, Pennsauken
                                               comply with the instructions of the                                                                           Township, NJ’’ in the Federal Register
                                               Official Patrol.                                        FOR FURTHER INFORMATION CONTACT:       If
                                                                                                       you have questions on this proposed                   (82 FR 57561). This notice included a
                                                  (iii) Vessel operators may request                                                                         request for comments and related
                                               permission to enter and transit through                 rule, call or email Mr. Hal R. Pitts, Fifth
                                                                                                       Coast Guard District (dpb); telephone                 material to reach the Coast Guard on or
                                               a regulated area by contacting the                                                                            before January 15, 2018.
                                               PATCOM on VHF–FM channel 16.                            (757) 398–6222, email Hal.R.Pitts@
                                                                                                       uscg.mil.                                                On January 22, 2018, we published a
                                               When authorized to transit through the                                                                        notice of temporary deviation;
                                               regulated area, vessels shall proceed at                SUPPLEMENTARY INFORMATION:                            reopening of comment period; entitled
                                               the minimum speed necessary to                                                                                ‘‘Drawbridge Operation Regulation;
                                               maintain a safe course that minimizes                   I. Background and Purpose
                                                                                                                                                             Delaware River, Pennsauken Township,
                                               wake near the race course or marine                        On June 30, 2017, we published a                   NJ’’ in the Federal Register (83 FR
                                               event area.                                             notice of proposed rulemaking (NPRM)                  2909). This notice included a request for
                                                  (d) Enforcement Period. This rule will               entitled, ‘‘Drawbridge Operation                      comments and related material to reach
                                               be enforced from noon through 6 p.m.                    Regulation; Delaware River, Pennsauken                the Coast Guard on or before March 2,
                                               on May 24, 2018, unless cancelled                       Township, NJ’’ in the Federal Register                2018.
                                               earlier by the Captain of the Port once                 (82 FR 29800). The original comment                      On February 15, 2018, we published
                                               all operations are completed.                           period closed on August 18, 2017. The                 a notice of proposed rulemaking;
                                                 Dated: April 30, 2018.                                NPRM proposed changes to the                          reopening comment period; entitled
                                               Scott. E. Anderson,                                     regulation governing the DELAIR                       ‘‘Drawbridge Operation Regulation;
                                               Captain, U.S. Coast Guard, Captain of the               Memorial Railroad Bridge across the                   Delaware River, Pennsauken Township,
                                               Port Delaware Bay.                                      Delaware River, mile 104.6, at                        NJ’’ in the Federal Register (see 83 FR
                                               [FR Doc. 2018–09436 Filed 5–3–18; 8:45 am]              Pennsauken Township, and contained                    6821). This notice included a request for
                                               BILLING CODE 9110–04–P
                                                                                                       useful background and analysis related                comments and related material to reach
                                                                                                       to the proposed changes. The                          the Coast Guard on or before March 2,
                                                                                                       installation of the remote operation                  2018.
                                               DEPARTMENT OF HOMELAND                                  system did not change the operational                    The Coast Guard has reviewed 25
                                               SECURITY                                                schedule of the bridge.1 The public is                comments posted to the docket, six
                                                                                                       encouraged to review the NPRM.                        reports with supporting documentation
                                               Coast Guard                                                On April 12, 2017, we published a                  submitted by the bridge owner during
                                                                                                       temporary deviation entitled                          the initial and second temporary
                                               33 CFR Part 117                                         ‘‘Drawbridge Operation Regulation;                    deviations, and other information
                                               [Docket No. USCG–2016–0257]                             Delaware River, Pennsauken Township,                  concerning the remote operation system
                                                                                                       NJ’’ in the Federal Register (82 FR                   of the DELAIR Memorial Railroad
                                               RIN 1625–AA09                                           17561). During the initial test deviation             Bridge. Through this review, the Coast
                                                                                                       performed from 8 a.m. on April 24,                    Guard found that further testing and
                                               Drawbridge Operation Regulation;                        2017, through 7:59 a.m. on October 21,
                                               Delaware River, Pennsauken                                                                                    evaluation of the remote operation
                                                                                                       2017, the bridge owner identified                     system of the drawbridge is necessary
                                               Township, NJ                                            deficiencies in the remote operation                  before making a decision on the
                                               AGENCY: Coast Guard, DHS.                               center procedures, bridge to vessel                   proposed regulation. The Coast Guard
                                               ACTION:Notice of proposed rulemaking;                   communications, and equipment                         has issued a third temporary deviation
                                               reopening comment period.                               redundancy.                                           from 8 a.m. on April 19, 2018, through
                                                                                                          The bridge owner implemented                       7:59 a.m. on October 16, 2018, to
                                               SUMMARY:   The Coast Guard is reopening                 policies and provided training to                     provide sufficient time for further
                                               the comment period to solicit additional                address the procedural and                            testing and evaluation of the remote
                                               comments concerning the notice of                       communications deficiencies, and                      operation system of the DELAIR
                                               proposed rulemaking (NPRM), which                       implemented backup systems to                         Memorial Railroad Bridge.
                                               published on June 30, 2017. Reopening                   mitigate potential equipment and                         During this temporary deviation, the
                                               the comment period will allow the                       systems failures. These changes were                  following changes have been
                                               public to provide input on the proposed                 not fully evaluated during the                        implemented: (1) The on-site bridge
                                               change to the regulation governing the                  temporary deviation ending October 21,                tender will be removed from the bridge,
                                               DELAIR Memorial Railroad Bridge                         2017. Therefore, the Coast Guard                      (2) qualified personnel will return and
                                               across the Delaware River, mile 104.6, at               decided to issue a second temporary                   operate the bridge within 60 minutes if
                                               Pennsauken Township, NJ.                                deviation (‘‘Drawbridge Operation                     the remote operation system is
                                               DATES: The comment period for the                       Regulation; Delaware River, Pennsauken
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                                                                                                                                                             considered in a failed condition,2 and
                                               proposed rule published June 30, 2017,                  Township, NJ’’ in the Federal Register
                                               at 82 FR 29800, is reopened. Comments                   (82 FR 48419), to complete the                          2 The conditions in which the remote operation
                                               and related material must reach the                                                                           system will be considered in a failed condition are
                                               Coast Guard on or before August 17,                       1 A full description of the remote operational      detailed in the Supplementary Information: III.
                                               2018.                                                   system is outlined in the aforementioned              Discussion of Proposed Rule section of the Notice
                                                                                                       publication, which can be found at http://            of Proposed Rulemaking (NPRM), which can be
                                               ADDRESSES: You may submit comments                      regulations.gov. (see ADDRESSES for more              found at: http://regulations.gov, (see ADDRESSES for
                                               identified by docket number USCG–                       information).                                         more information).



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Document Created: 2018-11-02 09:52:02
Document Modified: 2018-11-02 09:52:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of Proposed Rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 11, 2018.
ContactIf 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]
FR Citation83 FR 19656 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

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