Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31091

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 110 and 165

[CGD05–00–008]

RIN 2115–AA97, AA98

Tall Ships Delaware, Delaware River,

Wilmington, DE

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing temporary regulations in

the Delaware River, Wilmington,

Delaware, for Tall Ships Delaware

activities. This action is necessary to

provide for the safety of life on

navigable waters before, during, and

after Tall Ships Delaware events. This

action will restrict vessel traffic in the

Delaware River between the mouth of

the Christina River and New Castle,

Delaware.

DATES: This rule is effective from 12

p.m. to 4 p.m. on June 23, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket CGD05–00–008 and are available

for inspection or copying at Coast Guard

Marine Safety Office/Group

Philadelphia, One Washington Avenue,

Philadelphia, Pennsylvania 19147

between 8 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade K. Codel, Coast

Guard Marine Safety Office/Group

Philadelphia, (215) 271–4991.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On April 7, 2000, we published a

notice of proposed rulemaking (NPRM)

entitled Tall Ships Delaware, Delaware

River, Wilmington, DE in the Federal

Register (65 FR 18261). We received no

letters commenting on the proposed

rule. No public hearing was requested

and none was held.

Background and Purpose

The Diamond State Port Corporation

(Port of Wilmington) is sponsoring Tall

Ships Delaware activities in the

Delaware River, Wilmington, Delaware.

The planned event includes a Parade of

Sail from the confluence of the Christina

River and the Delaware River, down

river to New Castle, Delaware, and back

to the mouth of the Christina River on

June 23, 2000.

The Coast Guard anticipates a large

spectator fleet for this event. Operators

should expect significant vessel

congestion along the parade route.

The purpose of these regulations is to

promote maritime safety and protect

participants and the boating public

immediately prior to, during, and after

the scheduled event. The regulations

provide a safety buffer around the

participating vessels during the parade

of sail and modify existing anchorage

regulations for the benefit of

participants and spectators. The

regulations will affect the movement of

all vessels operating in the specified

areas of the Delaware River.

It may be necessary for the Coast

Guard to establish safety or security

zones in addition to these regulations to

safeguard dignitaries and certain vessels

participating in the event. If the Coast

Guard deems it necessary to establish

such zones at a later date, the details of

those zones will be announced

separately via the Federal Register,

Local Notice to Mariners, Safety Voice

Broadcasts, and any other means

available.

All vessel operators and passengers

are reminded that vessels carrying

passengers for hire or that have been

chartered and are carrying passengers

may have to comply with certain

additional rules and regulations beyond

the safety equipment requirements for

all pleasure craft. When a vessel is not

being used exclusively for pleasure, but

rather is engaged in carrying passengers

for hire or has been chartered and is

carrying the requisite number of

passengers, the vessel operator must

possess an appropriate license and the

vessel may be subject to inspection. The

definition of the term ‘‘passenger for

hire’’ is found in 46 U.S.C. 2101(21a). In

general, it means any passenger who has

contributed any consideration

(monetary or otherwise) either directly

or indirectly for carriage onboard the

vessel. The definition of the term

‘‘passenger’’ is found in 46 U.S.C.

2101(21). It varies depending on the

type of vessel, but generally means

individuals carried aboard vessels

except for certain specified individuals

engaged in the operation of the vessel or

the business of the owner/charterer. The

law provides for substantial penalties

for any violation of applicable license

and inspection requirements. If you

have any questions concerning the

application of the above law to your

particular case, you should contact the

Coast Guard at the address listed in

ADDRESSES for additional information.

Vessel operators are reminded they

must have sufficient facilities on board

their vessels to retain all garbage and

untreated sewage. Discharge of either

into any waters of the United States is

strictly forbidden. Violators may be

assessed civil penalties up to $25,000 or

face criminal prosecution.

We recommend that vessel operators

visiting the Wilmington area for this

event obtain an up to date edition of

National Ocean Service Chart 12311 to

avoid anchoring within a charted cable

or pipeline area.

With the arrival of Tall Ships

Delaware and spectator vessels in the

Wilmington area for this event, it will be

necessary to curtail normal port

operations to some extent. Interference

will be kept to the minimum considered

necessary to ensure the safety of life on

the navigable waters immediately

before, during, and after the scheduled

events.

Discussion of the Rule

The Tall Ships Delaware vessels are

scheduled to arrive and moor at various

locations along the Christina River by

June 23, 2000. The lead vessel is

scheduled to begin the Parade of Sail at

12 p.m. on June 23, 2000, and will

follow a parade route of approximately

4 nautical miles on the Delaware River

from the mouth of the Christina River,

outbound to New Castle, Delaware,

sailing outside the western side of the

channel. The parade vessels will then

cross the federal navigation channel of

the Delaware River and return to the

eastern side of the channel adjacent to

the mouth of the Christina River sailing

outside the eastern side of the channel.

The parade vessels will then cross the

navigable channel and enter the

Christina River. After the parade, the

larger Tall Ships Delaware vessels will

moor at the Port of Wilmington on the

Christina River. The remainder of the

vessels will proceed up the Christina

River to various mooring locations.

The safety of parade participants and

spectators will require that spectator

craft be kept at a safe distance from the

parade route during these vessel

movements. The Coast Guard will be

using a moving safety zone around the

Parade of Sail to keep all vessels not

involved in the Parade of Sail a safe

distance from the Tall Ships Delaware

vessels. The Parade of Sail route is

outside the federal navigation channel

of the Delaware River, allowing the

channel to remain open, except when

the Parade of Sail is crossing the

navigable channel. However, the Coast

Guard expects that there will be

increased vessel congestion in the

vicinity of the federal navigation

channel.

The Coast Guard is temporarily

modifying the existing anchorage

regulations found in 33 CFR 110.157 to

accommodate Tall Ships Delaware

31092 Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations

vessels. A leg of the parade route runs

through General Anchorage 6

(Deepwater Point Anchorage).

Therefore, General Anchorage 6 will be

closed to all vessels except Tall Ships

Delaware vessels from 12 p.m. to 4 p.m.

on June 23, 2000. (A notice of proposed

rulemaking affecting 33 CFR 110.157

has been published in the Federal

Register at 65 FR 16361. Those

proposed temporary regulations affect

Anchorages 9–13 and would be

temporarily added at § 110.157(d).

Accordingly, this rule will be

temporarily added at § 110.157(e).)

Discussion of Comments and Changes

We did not receive any comments on

the proposed rule. No changes were

made to the proposed rule.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. The Office of Management and

Budget has not reviewed it under that

Order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979).

We expect the economic impact of

this proposed rule to be so minimal that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

The primary impact of these

regulations will be on vessels wishing to

transit the affected waterways during

the Parade of Sail on June 23, 2000.

Although these regulations prevent

traffic from transiting portions of the

Delaware River during the event, that

restriction is limited in duration, affects

only a limited area, and will be well

publicized to allow mariners to make

alternative plans for transiting the

affected area. Moreover, the parade

route will be outside the federal

navigational channel allowing the

channel to remain open with the

exception of when the Parade of Sail

actually crosses the channel. This

should minimize the effect on nonparticipant and spectator vessels

intending to transit the federal

navigation channel.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we considered

whether this rule would have a

significant economic impact on a

substantial number of small entities.

The term ‘‘small entities’’ comprises

small businesses, not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields, and

governmental jurisdictions with

populations of less than 50,000.

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule will not have

a significant economic impact on a

substantial number of small entities.

This rule will affect the following

entities, some of which may be small

entities: The owners or operators of

vessels intending to operate or anchor in

portions of the Delaware River in the

vicinity of Wilmington, Delaware. The

regulations will not have a significant

impact on a substantial number of small

entities for the following reasons: the

restrictions are limited in duration,

affect only limited areas, and will be

well publicized to allow mariners to

make alternative plans for transiting the

affected areas. Moreover, the parade

route will be outside the federal

navigational channel allowing the

channel to remain open with the

exception of when the Parade of Sail

actually crosses the channel.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Pub. L. 104–121),

we offered to assist small entities in

understanding the rule so that they can

better evaluate its effects on them and

participate in the rulemaking process.

No requests for assistance in

understanding this rule were received.

Small businesses may send comments

on the actions of Federal employees

who enforce, or otherwise determine

compliance with, Federal regulations to

the Small Business and Agriculture

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520.).

Federalism

We have analyzed this rule under E.O.

13132 and have determined that this

rule does not have implications for

federalism under that Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

unfunded mandate is a regulation that

requires a State, local, or tribal

government or the private sector to

incur direct costs without the Federal

Government’s having first provided the

funds to pay those costs. This rule will

not impose an unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under E.O. 12630,

Governmental Actions and Interference

with Constitutionally Protected Property

Rights.

Civil Justice Reform

This rule meets applicable standards

in sections 3(a) and 3(b)(2) of E.O.

12988, Civil Justice Reform, to minimize

litigation, eliminate ambiguity, and

reduce burden.

Protection of Children

We have analyzed this rule under E.O.

13045, Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Environment

We considered the environmental

impact of this rule and concluded that,

under figure 2–1, paragraphs (34)(g), of

Commandant Instruction M16475.1C,

this rule is categorically excluded from

further environmental documentation.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket where indicated under

ADDRESSES. By controlling vessel traffic

during these events, this rule is

intended to minimize environmental

impacts of increased vessel traffic

during the transits of event vessels.

List of Subjects

33 CFR Part 110

Anchorage grounds.

33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard amends 33

CFR parts 110, and 165 as follows:

PART 110—[AMENDED]

1. The authority citation for Part 110

continues to read as follows:

Federal Register / Vol. 65, No. 95 / Tuesday, May 16, 2000 / Rules and Regulations 31093

Authority: 33 U.S.C. 471, 1221 through

1236, 2030, 2035, 2071; 49 CFR 1.46 and 33

CFR 1.05–1(g).

2. From 12 p.m. until 4 p.m. on June

23, 2000 temporarily add § 110.157(e) to

read as follows:

§ 110.157 Delaware Bay and River.

* * * * *

(e) Not withstanding the above, the

following temporary regulations will be

in effect from 12 p.m. through 4 p.m. on

June 23, 2000 for Tall Ships Delaware:

Anchorage 6 will be closed to all vessels

except Tall Ships Delaware vessels.

‘‘Tall Ships Delaware vessels’’ includes

all vessels participating in Tall Ships

Delaware under the auspices of the

Marine Event Permit submitted for the

Port of Wilmington, Delaware, and

approved by the Commander, Fifth

Coast Guard District.

PART 165—[AMENDED]

3. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1225 and 1231; 50

U.S.C. 191; 33 CFR 1.05–1(g), 6.04–1, 6.04–

6, and 160.5; 49 CFR 1.46. Section 165.100

is also issued under authority of Sec. 311,

Pub. L. 105–383.

4. Add temporary § 165.T05–008 to

read as follows:

§ 165.T05–008 Safety Zone; Tall Ships

Delaware, Delaware River, Wilmington, DE.

(a) Definitions: 

(1) Captain of the Port means the

Commanding Officer of the Coast Guard

Marine Safety Office/Group

Philadelphia 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 is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commanding Officer,

Coast Guard Marine Safety Office/Group

Philadelphia.

(3) Tall Ships Delaware Vessels

includes all vessels participating in the

Tall Ships Delaware under the auspices

of the Marine Event Permit submitted

for the Port of Wilmington, Delaware,

and approved by Commander, Fifth

Coast Guard District.

(b) Location. The following area is a

moving safety zone: All waters from 500

yards forward of the lead Tall Ships

Delaware vessel to 100 yards aft of the

last Tall Ships Delaware vessel, and

extending 50 yards outboard of each

Tall Ships Delaware vessel participating

in the Parade of Sail. This safety zone

will move with the Parade of Sail as it

transits the Delaware River from the

mouth of the Christina River outbound

to New Castle, Delaware, returns to the

mouth of the Christina River, and as

each Tall Ships Delaware vessel moors

in Wilmington, Delaware.

(c) Regulations.

(1) All persons are required to comply

with the general regulations governing

safety zones in § 165.23 of this part.

(2) No person or vessel may enter or

navigate within this safety zone unless

authorized to do so by the Coast Guard

Patrol Commander. Any person or

vessel authorized to enter the safety

zone must operate in strict conformance

with any directions given by the Coast

Guard Patrol Commander and leave the

safety zone immediately if the Coast

Guard Patrol Commander so orders.

(3) The Coast Guard vessels enforcing

this section can be contacted on VHF

Marine Band Radio, channels 13 and 16.

The Captain of the Port can be contacted

at telephone number (215) 271–4940.

(4) The Coast Guard Patrol

Commander will notify the public of

changes in the status of this safety zone

by Marine Safety Radio Broadcast on

VHF-FM marine band radio, channel 22

(157.1 MHZ).

(d) Effective dates: These regulations

are effective from 12 p.m. to 4 p.m. on

June 23, 2000.

Dated: May 9, 2000.

Thomas E. Bernard,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 00–12283 Filed 5–15–00; 8:45 am]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 240–0237a; FRL–6602–2]

Approval and Promulgation of

Implementation Plans; Revisions to the

California State Implementation Plan,

Monterey Bay Unified Air Pollution

Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve revisions to the

Monterey Bay Unified Air Pollution

Control District (MBUAPCD) portion of

the California State Implementation

Plan (SIP). Under authority of the Clean

Air Act as amended in 1990 (CAA or the

Act), we are approving a local rule that

concerns definitions and rescinding one

rule that addresses standard conditions.

DATES: This rule is effective on July 17,

2000 without further notice, unless EPA

receives adverse comments by June 15,

2000. If we receive such comment, we

will publish a timely withdrawal in the

Federal Register to notify the public

that this rule will not take effect.

ADDRESSES: Mail comments to Andy

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105–3901.

You can inspect copies of the

submitted rule revisions and EPA’s

technical support documents (TSDs) at

our Region IX office during normal

business hours. You may also see copies

of the submitted rule revisions at the

following locations:

Environmental Protection Agency, Air

Docket (6102), Ariel Rios Building,

1200 Pennsylvania Avenue, NW.,

Washington, DC 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

Monterey Bay Unified Air Pollution

Control District, 24580 Silver Cloud

Court, Monterey, CA 93940.

FOR FURTHER INFORMATION CONTACT:

Cynthia G. Allen, Rulemaking Office

(AIR–4), U.S. Environmental Protection

Agency, Region IX, (415) 744–1189.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA.

Table of Contents

I. The State’s Submittal

A. What Rules Did the State Submit?

B. Are There Other Versions of These

Rules?

C. What Is the Purpose of the Submitted

Rules?

II. EPA’s Evaluation and Action

A. How Is EPA Evaluating the Rules?

B. Do the Rules Meet the Evaluation

Criteria?

C. Public Comment and Final Action

III. Background Information

Why Were These Rules Submitted?

IV. Administrative Requirements

I. The State’s Submittal

A. What Rules Did the State Submit?

Table 1 lists the rules we are

approving with the dates that they were

adopted by the local air agencies and

submitted by the California Air

Resources Board (CARB).