Safety Zone, Sugar House Casino Fireworks Display, Delaware River; Philadelphia, PA, 39601-39604 [2013-15818]
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Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
emcdonald on DSK67QTVN1PROD with RULES
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a temporary safety
zone. An environmental analysis
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checklist and a categorical exclusion
determination will be available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Securitymeasures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
39601
contacted on VHF–FM marine band
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement Period. This section
will be enforced on Thursday July, 4th
2013, from 9 p.m. to 10 p.m.
Dated: June 5, 2013.
John K. Little,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2013–15817 Filed 7–1–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
33 CFR Part 165
2. Add § 165.T05–0443 to read as
follows:
Safety Zone, Sugar House Casino
Fireworks Display, Delaware River;
Philadelphia, PA
■
§ 165.T05–0443 Safety Zone, Chesapeake
Bay, Hampton, VA.
(a) Location. The following area is a
safety zone: Specified waters of the
Captain of the Port Sector Hampton
Roads zone, as defined in 33 CFR 3.25–
10, all waters of the Chesapeake Bay
near Fort Monroe in Hampton, VA
within 420 foot radius of position
37°00′5″ N 076°18′17″ W.
(b) Definition. For the purposes of this
part, Captain of the Port Representative
means any U.S. Coast Guard
commissioned, warrant or petty officer
who has been authorized by the Captain
of the Port, Hampton Roads, Virginia to
act on his behalf.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port, Hampton Roads or
his designated representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(3) The Captain of the Port, Hampton
Roads can be reached through the Sector
Duty Officer at Sector Hampton Roads
in Portsmouth, Virginia at telephone
Number (757) 668–5555.
(4) The Coast Guard Representatives
enforcing the safety zone can be
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[Docket No. USCG–2013–0495]
RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Delaware River in Philadelphia, PA.
The safety zone will restrict vessel
traffic on a portion of the Delaware
River from operating while a fireworks
event is taking place. This temporary
safety zone is necessary to protect the
surrounding public and vessels from the
hazards associated with a fireworks
display.
SUMMARY:
DATES:
This rule is effective on July 5,
2013.
Documents mentioned in
this preamble are part of docket [USCG–
2013–0495]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Veronica Smith, Chief
Waterways Management, Sector
Delaware Bay, U.S. Coast Guard;
telephone (215) 271–4851, email
veronica.l.smith@uscg.mil. If you have
ADDRESSES:
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Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Rules and Regulations
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
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A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is necessary to
provide for the safety of life and
property in the navigable water. In
addition, publishing an NPRM is
impracticable given that the final details
for this event were not received by the
Coast Guard with sufficient time for a
notice and comment period to run
before the start of the event. Thus,
delaying this rule to wait for a notice
and comment period to run would be
contrary to public policy and would
inhibit the Coast Guard’s ability to
protect the public from the hazards
associated with maritime fireworks
displays.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the establishment of
the safety zone could result in mariners
approaching the fireworks location,
creating a hazardous scenario with
potential for loss of life and property.
For the same reasons discussed in the
preceding paragraph, a 30-day notice
period would be impracticable and
contrary to the public interest.
B. Basis and Purpose
On the evening of July 5, 2013,
fireworks will be launched from a barge
with a fall out zone that covers part of
the Delaware River. Sugar House Casino
has contracted with Pyrotecnico
Fireworks to arrange for this display.
The Captain of the Port, Sector Delaware
Bay, has determined that the Sugar
House Casino Fireworks Display will
pose significant risks to the public. The
purpose of the rule is to promote public
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and maritime safety during a fireworks
display, and to protect mariners
transiting the area from the potential
hazards associated with a fireworks
display, such as accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. This
rule is needed to ensure safety on the
waterway during the event.
C. Discussion of the Final Rule
To mitigate the risks associated with
the Sugar House Casino Fireworks
Display, the Captain of the Port, Sector
Delaware Bay will enforce a temporary
safety zone in the vicinity of the launch
site. The safety zone will encompass all
waters of the Delaware River within a
350 yard radius of the fireworks launch
platform in approximate position
39°57′46.51″ N, 075°07′45.45″ W in
Philadelphia, PA. The safety zone will
be effective and enforced from 8:30 p.m.
to 10:00 p.m. on July 5, 2013. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port,
Sector Delaware Bay, or her on-scene
representative. The Captain of the Port,
Sector Delaware Bay, or her on-scene
representative may be contacted via
VHF channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
Although this regulation will restrict
vessel traffic from operating within the
safety zone on the navigable waters of
the Delaware River, Philadelphia, PA,
the effect of this regulation will not be
significant due to the limited duration
that the safety zone will be in effect. The
enforcement window lasts for 1 hour
and 30 minutes in an open area that
does conflict with transiting commercial
or recreational traffic. For the above
reasons, the Coast Guard does not
anticipate any significant economic
impact.
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2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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 rule will not have
a significant economic impact on a
substantial number of small entities:
(1) This rule will affect the following
entities, some of which might be small
entities: the owners or operators of
vessels intending to operate, transit, or
anchor in a portion of the Delaware
River between 8:30 p.m. and 10:00 p.m.
on July 5, 2013.
(2) This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will
only be enforced for a short period of
time. In the event that this temporary
safety zone affects shipping, commercial
vessels may request permission from the
Captain of the Port, Sector Delaware
Bay, to transit through the safety zone.
Before activation of the zone, we will
give notice to the public via a Broadcast
to Mariners that the regulation is in
effect.
3. Assistance for Small Entities
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 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, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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4. Collection of Information
11. Indian Tribal Governments
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
6. 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.
7. 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
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10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
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12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined 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 rule is categorically
excluded under 34(g) of Figure 2–1 of
the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
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 rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
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39603
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add temporary 165.T05–0495, to
read as follows:
■
§ 165.T05–0495 Safety Zone, Sugar House
Casino Fireworks Display, Delaware River;
Philadelphia, PA.
(a) Regulated Area. The following area
is a safety zone: The safety zone will
encompass all waters of the Delaware
River within a 350 yard radius of the
fireworks launch platform in
approximate position 39°57′46.51″ N,
075°07′45.45″ W in Philadelphia, PA.
(b) Regulations. The general safety
zone regulations found in 33 CFR
165.23 apply to the safety zone created
by this temporary section § 165.T05–
0495.
(1) All persons and vessels are
prohibited from entering this zone,
except as authorized by the Coast Guard
Captain of the Port or her designated
representative.
(2) All persons or vessels wishing to
transit through the Safety Zone must
request authorization to do so from the
Captain of the Port or her designated
representative one hour prior to the
intended time of transit.
(3) Vessels granted permission to
transit through the Safety Zone must do
so in accordance with the directions
provided by the Captain of the Port or
her designated representative to the
vessel.
(4) To seek permission to transit this
safety zone, the Captain of the Port or
her designated representative can be
contacted via Sector Delaware Bay
Command Center (215) 271–4940.
(5) This section applies to all vessels
wishing to transit through the safety
zone except vessels that are engaged in
the following operations: (i) Enforcing
laws; (ii) servicing aids to navigation,
and (iii) emergency response vessels.
(6) No person or vessel may enter or
remain in a safety zone without the
permission of the Captain of the Port;
(7) Each person and vessel in a safety
zone shall obey any direction or order
of the Captain of the Port;
(8) The Captain of the Port may take
possession and control of any vessel in
the safety zone;
(9) The Captain of the Port may
remove any person, vessel, article, or
thing from a safety zone;
(10) No person may board, or take or
place any article or thing on board, any
vessel in a safety zone without the
permission of the Captain of the Port;
and
(11) No person may take or place any
article or thing upon any waterfront
facility in a safety zone without the
permission of the Captain of the Port.
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(c) Definitions. (1) Captain of the Port
means the Commander, Coast Guard
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 her behalf.
(2) Designated representative means
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the Captain of the Port Delaware Bay
to assist in enforcing the safety zone
described in paragraph (a) of this
section.
(d) Enforcement. The U.S. Coast
Guard may be assisted by Federal, State,
and local agencies in the patrol and
enforcement of the zone.
(e) Enforcement period. This section
will be enforced from 8:30 p.m. until
10:00 p.m. on July 5, 2013.
Dated: June 21, 2013.
T.C. Wiemers,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, Delaware Bay.
[FR Doc. 2013–15818 Filed 7–1–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0439]
RIN 1625–AA00
Safety Zone; Northside Park Pier
Fireworks Display, Assawoman Bay,
Ocean City, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Assawoman Bay
in Ocean City, MD to support the
Northside Park Pier Fireworks. This
action is intended to restrict vessel
traffic movement in the designated area
in order to protect the life and property
of the maritime public and spectators
from the hazards associated with
fireworks displays.
DATES: This safety zone is effective from
8:45 p.m. on July 14, 2013, until 9:45
p.m. on August 25, 2013. This safety
zone will be enforced from 8:45 p.m. to
9:45 p.m. on the dates listed below in
the SUPPLEMENTARY INFORMATION section.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2013–
0439 and are available online by going
to https://www.regulations.gov, inserting
USCG–2013–0439 in the ‘‘SEARCH’’
box, and then clicking ‘‘Search.’’ They
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SUMMARY:
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are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email LCDR Hector Cintron,
Waterways Management Division Chief,
Sector Hampton Roads, Coast Guard;
telephone 757–668–5581, email
Hector.L.Cintron@uscg.mil. If you have
questions on viewing the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
MD. The fireworks debris fallout area
will extend over the navigable waters of
Assawoman Bay. Due to the need to
protect mariners and spectators from the
hazards associated with the fireworks
displays, such as the accidental
discharge of fireworks, dangerous
projectiles, and falling hot embers or
other debris, vessel traffic will be
temporarily restricted within the
fireworks launch and fallout area.
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; Pub. L. 107–295, 116
Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to establish and define
regulatory safety zones.
A. Regulatory History and Information
C. Discussion of the Rule
The Coast Guard is establishing a
safety zone on specified waters of
Assawoman Bay in Ocean City, MD.
This safety zone will encompass all
navigable waters within a 420 foot
radius of the fireworks launching
platform located at position 38°25′55″
N, 075°03′50.92″ W.
This safety zone will be established
and enforced from 8:45 p.m. until 9:45
p.m. on the following: Sundays July 14,
21, & 28, 2013, and August 4, 11, 18, &
25, 2013. In the interest of public safety,
general navigation and access to the
safety zone will be restricted during the
specified date and times. Except for
individuals responsible for launching
the fireworks and vessels authorized by
the Captain of the Port or his
Representative, no person or vessel may
enter or remain in the regulated area.
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. There is insufficient time
remaining to complete an NPRM and
any delay encountered in this
regulation’s effective date by publishing
a NPRM is impracticable since
immediate action is needed to ensure
the safety of the event participants,
patrol vessels, spectator craft and other
vessels transiting the event area. The
Coast Guard will provide advance
notifications to users of the effected
waterways of the safety zone via marine
information broadcasts, local notice to
mariners, commercial radio stations and
area newspapers.
Under 5 U.S.C. 553(d)(3), for the same
reasons as above, the Coast Guard finds
that good cause exists for making this
rule effective less than 30 days after
publication in the Federal Register.
Delaying the effective date would be
impracticable and contrary to the public
interest.
B. Background and Purpose
On each Sunday from July 14, 2013,
through August 25, 2013, Special Event
Productions, Inc., will host fireworks
displays over Assawoman Bay off the
pier at Northside Park in Ocean City,
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D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. Although this regulation restricts
access to the safety zone, the effect of
this rule will not be significant because:
(i) The safety zone will be in effect for
a limited duration; (ii) the zone is of
limited size; (iii) mariners may transit
the waters in and around this safety
E:\FR\FM\02JYR1.SGM
02JYR1
]]>Agencies
[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Rules and Regulations]
[Pages 39601-39604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15818]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0495]
RIN 1625-AA00
Safety Zone, Sugar House Casino Fireworks Display, Delaware
River; Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Delaware River in Philadelphia, PA. The safety zone will restrict
vessel traffic on a portion of the Delaware River from operating while
a fireworks event is taking place. This temporary safety zone is
necessary to protect the surrounding public and vessels from the
hazards associated with a fireworks display.
DATES: This rule is effective on July 5, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0495]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Veronica Smith, Chief Waterways Management,
Sector Delaware Bay, U.S. Coast Guard; telephone (215) 271-4851, email
veronica.l.smith@uscg.mil. If you have
[[Page 39602]]
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is necessary to
provide for the safety of life and property in the navigable water. In
addition, publishing an NPRM is impracticable given that the final
details for this event were not received by the Coast Guard with
sufficient time for a notice and comment period to run before the start
of the event. Thus, delaying this rule to wait for a notice and comment
period to run would be contrary to public policy and would inhibit the
Coast Guard's ability to protect the public from the hazards associated
with maritime fireworks displays.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the establishment of the
safety zone could result in mariners approaching the fireworks
location, creating a hazardous scenario with potential for loss of life
and property. For the same reasons discussed in the preceding
paragraph, a 30-day notice period would be impracticable and contrary
to the public interest.
B. Basis and Purpose
On the evening of July 5, 2013, fireworks will be launched from a
barge with a fall out zone that covers part of the Delaware River.
Sugar House Casino has contracted with Pyrotecnico Fireworks to arrange
for this display. The Captain of the Port, Sector Delaware Bay, has
determined that the Sugar House Casino Fireworks Display will pose
significant risks to the public. The purpose of the rule is to promote
public and maritime safety during a fireworks display, and to protect
mariners transiting the area from the potential hazards associated with
a fireworks display, such as accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. This
rule is needed to ensure safety on the waterway during the event.
C. Discussion of the Final Rule
To mitigate the risks associated with the Sugar House Casino
Fireworks Display, the Captain of the Port, Sector Delaware Bay will
enforce a temporary safety zone in the vicinity of the launch site. The
safety zone will encompass all waters of the Delaware River within a
350 yard radius of the fireworks launch platform in approximate
position 39[deg]57'46.51'' N, 075[deg]07'45.45'' W in Philadelphia, PA.
The safety zone will be effective and enforced from 8:30 p.m. to 10:00
p.m. on July 5, 2013. Entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port,
Sector Delaware Bay, or her on-scene representative. The Captain of the
Port, Sector Delaware Bay, or her on-scene representative may be
contacted via VHF channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
Although this regulation will restrict vessel traffic from
operating within the safety zone on the navigable waters of the
Delaware River, Philadelphia, PA, the effect of this regulation will
not be significant due to the limited duration that the safety zone
will be in effect. The enforcement window lasts for 1 hour and 30
minutes in an open area that does conflict with transiting commercial
or recreational traffic. For the above reasons, the Coast Guard does
not anticipate any significant economic impact.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 rule will
not have a significant economic impact on a substantial number of small
entities:
(1) This rule will affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to operate, transit, or anchor in a portion of the Delaware River
between 8:30 p.m. and 10:00 p.m. on July 5, 2013.
(2) This safety zone will not have a significant economic impact on
a substantial number of small entities for the following reasons: This
rule will only be enforced for a short period of time. In the event
that this temporary safety zone affects shipping, commercial vessels
may request permission from the Captain of the Port, Sector Delaware
Bay, to transit through the safety zone. Before activation of the zone,
we will give notice to the public via a Broadcast to Mariners that the
regulation is in effect.
3. Assistance for Small Entities
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 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,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
[[Page 39603]]
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
6. 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.
7. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
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 rule is categorically excluded under 34(g) of Figure
2-1 of the Commandant Instruction. An environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are 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 rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary 165.T05-0495, to read as follows:
Sec. 165.T05-0495 Safety Zone, Sugar House Casino Fireworks Display,
Delaware River; Philadelphia, PA.
(a) Regulated Area. The following area is a safety zone: The safety
zone will encompass all waters of the Delaware River within a 350 yard
radius of the fireworks launch platform in approximate position
39[deg]57'46.51'' N, 075[deg]07'45.45'' W in Philadelphia, PA.
(b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this temporary section
Sec. 165.T05-0495.
(1) All persons and vessels are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port or her
designated representative.
(2) All persons or vessels wishing to transit through the Safety
Zone must request authorization to do so from the Captain of the Port
or her designated representative one hour prior to the intended time of
transit.
(3) Vessels granted permission to transit through the Safety Zone
must do so in accordance with the directions provided by the Captain of
the Port or her designated representative to the vessel.
(4) To seek permission to transit this safety zone, the Captain of
the Port or her designated representative can be contacted via Sector
Delaware Bay Command Center (215) 271-4940.
(5) This section applies to all vessels wishing to transit through
the safety zone except vessels that are engaged in the following
operations: (i) Enforcing laws; (ii) servicing aids to navigation, and
(iii) emergency response vessels.
(6) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
(7) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
(8) The Captain of the Port may take possession and control of any
vessel in the safety zone;
(9) The Captain of the Port may remove any person, vessel, article,
or thing from a safety zone;
(10) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
(11) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
[[Page 39604]]
(c) Definitions. (1) Captain of the Port means the Commander, Coast
Guard 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 her behalf.
(2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port Delaware Bay to assist in enforcing the safety zone described in
paragraph (a) of this section.
(d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State, and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This section will be enforced from 8:30
p.m. until 10:00 p.m. on July 5, 2013.
Dated: June 21, 2013.
T.C. Wiemers,
Captain, U.S. Coast Guard, Alternate Captain of the Port, Delaware Bay.
[FR Doc. 2013-15818 Filed 7-1-13; 8:45 am]
BILLING CODE 9110-04-P
