Safety Zone; Fifth Coast Guard District Fireworks Displays, Delaware River; Philadelphia, PA., 40399-40402 [2013-16049]
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Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Rules and Regulations
Categorical Exclusion Determination are
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, Security measures, and
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; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165–T11–579 to
read as follows:
■
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§ 165–T11–579 Safety zone; America’s
Cup Safety Zone and No Loitering Area, San
Francisco, CA.
(a) Location. This temporary safety
zone is established for the navigable
waters of the San Francisco Bay near
Treasure Island, CA as depicted in
National Oceanic and Atmospheric
Administration (NOAA) Chart 18650.
The safety zone will encompass the
navigable waters of the San Francisco
Bay within a shape bounded by the
following coordinates: 37°49′41″ N,
122°24′17″ W; 37°49′41″ N, 122°24′07″
W; 37°49′26″ N, 122°23′51″ W;
37°49′17″ N, 122°23′51″ W; thence back
to the point of origin (NAD 83). The no
loitering area will encompass the
navigable waters of the San Francisco
Bay within a shape bounded by the
following coordinates: 37°49′55″ N,
122°24′33″ W; 37°50′00″ N, 122°23′47″
W; 37°50′00″ N, 122°23′00″ W;
37°48′59″ N, 122°22′19″ W; 37°48′40″ N,
122°22′40″ W; 37°48′40″ N, 122°23′10″
W; thence back to the point of origin
(NAD 83).
(b) Enforcement Period. The zone
described in paragraph (a) of this
section will be effective from July 4,
2013, to September 22, 2013 and will be
enforced during all scheduled America’s
Cup races in 2013. The Captain of the
Port San Francisco (COTP) will notify
the maritime community of periods
during which this zone will be enforced
via Broadcast Notice to Mariners in
accordance with 33 CFR 165.7 or via
actual notice on-scene.
(c) Regulations. (1) The safety zone is
closed to all persons and vessels.
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(2) The no loitering area is open to all
persons and vessels for transitory use
only.
(3) Persons and vessels operating
within the no loitering area may not
anchor or otherwise loiter.
(4) Vessel operators desiring to anchor
or otherwise loiter within the no
loitering area must contact Sector San
Francisco Vessel Traffic Service at (415)
556–2760 or VHF Channel 14 to obtain
permission.
(5) All persons and vessels transiting
through or operating within the no
loitering area must comply with all
directions given to them by the COTP or
a designated representative.
(6) The public can contact Sector San
Francisco Bay at (415) 399–3530 to
obtain information concerning
enforcement of this rule.
(d) Enforcement. All persons and
vessels must comply with the
instructions of the COTP or the
designated on-scene patrol personnel.
Patrol personnel comprise
commissioned, warrant, and petty
officers of the Coast Guard onboard
Coast Guard, Coast Guard Auxiliary,
local, state, and federal law enforcement
vessels. The U.S. Coast Guard may be
assisted in the patrol and enforcement
of the safety zone by local law
enforcement as necessary. Upon being
hailed by U.S. Coast Guard patrol
personnel by siren, radio, flashing light,
or other means, the operator of a vessel
must proceed as directed.
Dated: June 19, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2013–16164 Filed 7–3–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0493]
RIN 1625–AA00
Safety Zone; Fifth Coast Guard District
Fireworks Displays, Delaware River;
Philadelphia, PA.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
temporarily changing the enforcement
date of a safety zone for one recurring
fireworks display in the Fifth Coast
Guard District. This regulation applies
to only one recurring fireworks event
SUMMARY:
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40399
held in Delaware River in Philadelphia,
Pennsylvania. The fireworks display is
normally held on July 4th, but this year
it will be held on July 6th. The safety
zone is necessary to provide for the
safety of life on navigable waters during
the event. This action is intended to
restrict vessel traffic in a portion of
Delaware River near Philadelphia,
Pennsylvania, during the event.
DATES: This rule will be effective on July
6, 2013, from 9:15 p.m. until 10:30 p.m.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0493]. 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, U.S.
Coast Guard Sector Delaware Bay, Chief
of Waterways Management Division;
telephone 215–271–4851, email
veronica.l.smith@uscg.mil. If you have
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
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
This regulation for this fireworks
display event may be found at 33 CFR
165.506, Table to § 165.506, section (a),
line ‘‘16’’.
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
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rulemaking (NPRM) with respect to this
rule because it is impracticable.
Insufficient time remains to address the
change in date for this event and
immediate action is needed to minimize
potential danger to the public during the
event. The potential dangers posed by
fireworks displays makes a safety zone
necessary to provide for the safety of
participants, spectator craft and other
vessels transiting the event area.
Because of the timeframe and safety
concerns noted, it is impracticable to
issue an NPRM for this regulation. The
Coast Guard will issue broadcast notice
to mariners to advise vessel operators of
navigational restrictions. On scene Coast
Guard and local law enforcement
vessels will also provide actual notice to
mariners.
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. For the same reasons as stated
previously, a 30 day delayed effective
date is impracticable and contrary to the
public interest.
B. Basis and Purpose
Recurring fireworks displays are
frequently held on or adjacent to the
navigable waters within the boundary of
the Fifth Coast Guard District. For a
description of the geographical area of
each Coast Guard Sector—Captain of the
Port (COTP) Zone, please see 33 CFR
3.25.
The regulation listing annual
fireworks displays within the Fifth
Coast Guard District and safety zones
locations is 33 CFR 165.506. The Table
to § 165.506 identifies fireworks
displays by COTP zone, with the COTP
Delaware Bay zone listed in section
‘‘(a)’’ of the Table.
Wawa Welcome America sponsors an
annual fireworks display held on July
4th over the waters of Delaware River,
Philadelphia, Pennsylvania. The Table
to § 165.506, at section (a) event number
‘‘16’’, describes the enforcement date
and regulated location for this fireworks
event.
In the Table, this fireworks display
occurs annually on July 4th. However,
this year, the fireworks event will be
held on July 6, 2013.
A fleet of spectator vessels are
anticipated to gather nearby to view the
fireworks display. Due to the need for
vessel control during the fireworks
display, vessel traffic will be
temporarily restricted to provide for the
safety of participants, spectators and
transiting vessels. Under provisions of
33 CFR 165.506, during the enforcement
period, vessels may not enter the
regulated area unless they receive
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permission from the Coast Guard Patrol
Commander.
C. Discussion of the Final Rule
The Coast Guard will temporarily
suspend the regulation listed in Table to
§ 165.506, section (a) event Number
‘‘16’’, and insert this temporary
regulation at Table to § 165.506, at
section (a) as event Number ‘‘18’’, in
order to reflect that the fireworks
display will be held on July 6, 2013, and
therefore the enforcement date is
changed. This change is needed to
accommodate the sponsor’s event plan.
No other portion of the Table to
§ 165.506 or other provisions in
§ 165.506 will be affected by this
regulation.
The regulated area of this safety zone
includes all the waters of the Delaware
River, adjacent to Penn’s Landing,
Philadelphia, PA, bounded from
shoreline to shoreline, bounded on the
south by a line running east to west
from points along the shoreline at
latitude 39°56′31.2″ N, longitude
075°08′28.1″ W; thence to latitude
39°56′29.1″ N, longitude 075°07′56.5″
W, and bounded on the north by the
Benjamin Franklin Bridge.
This safety zone will restrict general
navigation in the regulated area during
the fireworks event. Except for persons
or vessels authorized by the Coast Guard
Patrol Commander, no person or vessel
may enter or remain in the regulated
area during the effective period. The
regulated area is needed to control
vessel traffic during the event for the
safety of participants and transiting
vessels.
In addition to notice in the Federal
Register, the maritime community will
be provided extensive advance
notification via the Local Notice to
Mariners, and marine information
broadcasts so mariners can adjust their
plans accordingly.
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, 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
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13563. The Office of Management and
Budget has not reviewed it under those
Orders.
This rule prevents traffic from
transiting a portion of the Delaware
River, in Philadelphia, Pennsylvania
during the specified event, the effect of
this regulation will not be significant
due to the limited duration that the
regulated area will be in effect and the
extensive advance notifications that will
be made to the maritime community via
marine information broadcasts, local
radio stations and area newspapers so
that mariners can adjust their plans
accordingly. Additionally, this
rulemaking changes the enforcement
date for Delaware River, Philadelphia,
Pennsylvania fireworks demonstration
for July 6, 2013 only and does not
change the permanent enforcement
period that has been published in 33
CFR 165.506, Table to § 165.506 at
section (a), event Number ‘‘16’’. In some
cases vessel traffic may be able to transit
the regulated area when the Coast Guard
Patrol Commander deems it is safe to do
so.
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.
This rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
Delaware River, in Philadelphia,
Pennsylvania, where fireworks events
are being held. This regulation will not
have a significant impact on a
substantial number of small entities
because it will be enforced only during
the fireworks display event that has
been permitted by the Coast Guard
Captain of the Port. The Captain of the
Port will ensure that small entities are
able to operate in the regulated area
when it is safe to do so. In some cases,
vessels will be able to safely transit
around the regulated area at various
times, and, with the permission of the
Patrol Commander, vessels may transit
through the regulated area. Before the
enforcement period, the Coast Guard
will issue maritime advisories so
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7. Unfunded Mandates Reform Act
mariners can adjust their plans
accordingly.
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.
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
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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.
5. Federalism
11. Indian Tribal Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
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 rule under that Order and
determined that this rule does not have
implications for federalism.
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.
6. Protest Activities
12. Energy Effects
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
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4. Collection of Information
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This rule does not use technical
standards. Therefore, we did not
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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 involves the
establishment of a safety zone. This rule
is categorically excluded from further
review under paragraph 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.
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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. In § 165.506, amend the Table to
§ 165.506, under the heading (a) Coast
Guard Sector Delaware Bay—COTP
Zone by—
■
a. Suspending entry 16, ‘‘Delaware
River, Philadelphia, PA, Safety Zone,’’
from 9:15 p.m. on July 4, 2013, until
10:30 p.m. on July 6, 2013.
■
13. Technical Standards
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b. Adding entry 18 from 9:15 p.m.
until 10:30 p.m. on July 6, 2013, to read
as follows:
■
§ 165.506 Safety Zones; Fireworks
Displays in the Fifth Coast Guard District.
*
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Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Rules and Regulations
Number
Date
Location
*
*
*
*
*
(a) Coast Guard Sector Delaware Bay—COTP Zone
18 ..........
July 6 from 9:15 p.m.
until 10:30 p.m.
*
*
*
*
Delaware River,
Philadelphia, PA,
Safety Zone.
*
Dated: June 24, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2013–16049 Filed 7–3–13; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 12–236; RM–11671; DA 13–
986]
Radio Broadcasting Services; Roaring
Springs, Texas
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Audio Division, at the
request of Jesus B. Salazar, allots FM
Channel 227A and deletes FM Channel
249A at Roaring Springs, Texas, and
allots FM Channel 249C3 and deletes
FM Channel 276C3 at Roaring Springs.
These allotment changes are part of a
rule making and hybrid application
proposal. Channel 227A can be allotted
at Roaring Springs, consistent with the
minimum distance separation
requirements of the Commission’s rules,
at coordinates 33–59–36 NL and 100–
52–10 WL, with a site restriction of 10.5
km (6.5 miles) north of the community
Channel 249C3 can be allotted at
Roaring Springs, consistent with the
minimum distance separation
requirements of the Commission’s rules,
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SUMMARY:
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Regulated area
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*
All the waters of the Delaware River, adjacent to Penns Landing, Philadelphia, PA,
bounded from shoreline to shoreline, bounded on the south by a line running east
to west from points along the shoreline at latitude 39°56′31.2″ N, longitude
075°08′28.1″ W; thence to latitude 39°56′29.1″ N, longitude 075°07′56.5″ W, and
bounded on the north by the Benjamin Franklin Bridge.
at coordinates 33–57–55 NL and 100–
47–36 WL, with a site restriction of 9.4
km (5.9 miles) northeast of the
community See Supplementary
Information infra.
DATES: Effective August 5, 2013.
FOR FURTHER INFORMATION CONTACT:
Deborah Dupont, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 12–236,
adopted May 2, 2013, and released May
3, 2013. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC Information
Center, Portals II, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554.
The complete text of this decision also
may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20554, (800) 378–3160,
or via the company’s Web site,
www.bcpiweb.com. This document does
not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506 (c)(4). The Commission will send
a copy of this Report and Order in a
report to be sent to Congress and the
Government Accountability Office
PO 00000
*
Frm 00022
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Sfmt 9990
pursuant to the Congressional Review
Act, see U.S.C. 801(a)(1)(A).
The Bureau added Channel 249A at
Roaring Springs, Texas to the FM Table
of Allotments. See 69 FR 29241,
published May 21, 2004. However,
Channel 249A at Roaring Springs, Texas
was inadvertently removed from the FM
Table by Revision of Procedures
Governing Amendments to FM Table of
Allotments and Changes of Community
of License in the Radio Broadcast
Services, 71 FR 76208, published
December 20, 2006.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
James D. Bradshaw,
Deputy Chief, Audio Division, Media Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR Part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for Part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336 and
339.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Texas, is amended by
removing Channel 276C3 at Roaring
Springs and by adding Channel 227A
and Channel 249C3 at Roaring Springs.
■
[FR Doc. 2013–16016 Filed 7–3–13; 8:45 am]
BILLING CODE 6712–01–P
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]]>Agencies
[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Rules and Regulations]
[Pages 40399-40402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16049]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0493]
RIN 1625-AA00
Safety Zone; Fifth Coast Guard District Fireworks Displays,
Delaware River; Philadelphia, PA.
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the enforcement date
of a safety zone for one recurring fireworks display in the Fifth Coast
Guard District. This regulation applies to only one recurring fireworks
event held in Delaware River in Philadelphia, Pennsylvania. The
fireworks display is normally held on July 4th, but this year it will
be held on July 6th. The safety zone is necessary to provide for the
safety of life on navigable waters during the event. This action is
intended to restrict vessel traffic in a portion of Delaware River near
Philadelphia, Pennsylvania, during the event.
DATES: This rule will be effective on July 6, 2013, from 9:15 p.m.
until 10:30 p.m.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0493]. 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, U.S. Coast Guard Sector
Delaware Bay, Chief of Waterways Management Division; telephone 215-
271-4851, email veronica.l.smith@uscg.mil. If you have 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
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
This regulation for this fireworks display event may be found at 33
CFR 165.506, Table to Sec. 165.506, section (a), line ``16''.
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
[[Page 40400]]
rulemaking (NPRM) with respect to this rule because it is
impracticable. Insufficient time remains to address the change in date
for this event and immediate action is needed to minimize potential
danger to the public during the event. The potential dangers posed by
fireworks displays makes a safety zone necessary to provide for the
safety of participants, spectator craft and other vessels transiting
the event area. Because of the timeframe and safety concerns noted, it
is impracticable to issue an NPRM for this regulation. The Coast Guard
will issue broadcast notice to mariners to advise vessel operators of
navigational restrictions. On scene Coast Guard and local law
enforcement vessels will also provide actual notice to mariners.
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. For the same reasons as stated
previously, a 30 day delayed effective date is impracticable and
contrary to the public interest.
B. Basis and Purpose
Recurring fireworks displays are frequently held on or adjacent to
the navigable waters within the boundary of the Fifth Coast Guard
District. For a description of the geographical area of each Coast
Guard Sector--Captain of the Port (COTP) Zone, please see 33 CFR 3.25.
The regulation listing annual fireworks displays within the Fifth
Coast Guard District and safety zones locations is 33 CFR 165.506. The
Table to Sec. 165.506 identifies fireworks displays by COTP zone, with
the COTP Delaware Bay zone listed in section ``(a)'' of the Table.
Wawa Welcome America sponsors an annual fireworks display held on
July 4th over the waters of Delaware River, Philadelphia, Pennsylvania.
The Table to Sec. 165.506, at section (a) event number ``16'',
describes the enforcement date and regulated location for this
fireworks event.
In the Table, this fireworks display occurs annually on July 4th.
However, this year, the fireworks event will be held on July 6, 2013.
A fleet of spectator vessels are anticipated to gather nearby to
view the fireworks display. Due to the need for vessel control during
the fireworks display, vessel traffic will be temporarily restricted to
provide for the safety of participants, spectators and transiting
vessels. Under provisions of 33 CFR 165.506, during the enforcement
period, vessels may not enter the regulated area unless they receive
permission from the Coast Guard Patrol Commander.
C. Discussion of the Final Rule
The Coast Guard will temporarily suspend the regulation listed in
Table to Sec. 165.506, section (a) event Number ``16'', and insert
this temporary regulation at Table to Sec. 165.506, at section (a) as
event Number ``18'', in order to reflect that the fireworks display
will be held on July 6, 2013, and therefore the enforcement date is
changed. This change is needed to accommodate the sponsor's event plan.
No other portion of the Table to Sec. 165.506 or other provisions in
Sec. 165.506 will be affected by this regulation.
The regulated area of this safety zone includes all the waters of
the Delaware River, adjacent to Penn's Landing, Philadelphia, PA,
bounded from shoreline to shoreline, bounded on the south by a line
running east to west from points along the shoreline at latitude
39[deg]56'31.2'' N, longitude 075[deg]08'28.1'' W; thence to latitude
39[deg]56'29.1'' N, longitude 075[deg]07'56.5'' W, and bounded on the
north by the Benjamin Franklin Bridge.
This safety zone will restrict general navigation in the regulated
area during the fireworks event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area during the effective period. The
regulated area is needed to control vessel traffic during the event for
the safety of participants and transiting vessels.
In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.
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, 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.
This rule prevents traffic from transiting a portion of the
Delaware River, in Philadelphia, Pennsylvania during the specified
event, the effect of this regulation will not be significant due to the
limited duration that the regulated area will be in effect and the
extensive advance notifications that will be made to the maritime
community via marine information broadcasts, local radio stations and
area newspapers so that mariners can adjust their plans accordingly.
Additionally, this rulemaking changes the enforcement date for Delaware
River, Philadelphia, Pennsylvania fireworks demonstration for July 6,
2013 only and does not change the permanent enforcement period that has
been published in 33 CFR 165.506, Table to Sec. 165.506 at section
(a), event Number ``16''. In some cases vessel traffic may be able to
transit the regulated area when the Coast Guard Patrol Commander deems
it is safe to do so.
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.
This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in Delaware River, in Philadelphia, Pennsylvania,
where fireworks events are being held. This regulation will not have a
significant impact on a substantial number of small entities because it
will be enforced only during the fireworks display event that has been
permitted by the Coast Guard Captain of the Port. The Captain of the
Port will ensure that small entities are able to operate in the
regulated area when it is safe to do so. In some cases, vessels will be
able to safely transit around the regulated area at various times, and,
with the permission of the Patrol Commander, vessels may transit
through the regulated area. Before the enforcement period, the Coast
Guard will issue maritime advisories so
[[Page 40401]]
mariners can adjust their plans accordingly.
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.
4. Collection of Information
This rule will not call for a 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 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 rule under that Order and determined
that this rule 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
INTFORMATION 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 involves the establishment of a safety zone.
This rule is categorically excluded from further review under paragraph
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.
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, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. In Sec. 165.506, amend the Table to Sec. 165.506, under the
heading (a) Coast Guard Sector Delaware Bay--COTP Zone by--
0
a. Suspending entry 16, ``Delaware River, Philadelphia, PA, Safety
Zone,'' from 9:15 p.m. on July 4, 2013, until 10:30 p.m. on July 6,
2013.
0
b. Adding entry 18 from 9:15 p.m. until 10:30 p.m. on July 6, 2013, to
read as follows:
Sec. 165.506 Safety Zones; Fireworks Displays in the Fifth Coast
Guard District.
* * * * *
[[Page 40402]]
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Number Date Location Regulated area
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* * * * * * *
(a) Coast Guard Sector Delaware Bay--COTP Zone
----------------------------------------------------------------------------------------------------------------
18............................ July 6 from 9:15 Delaware River, All the waters of the Delaware River,
p.m. until 10:30 Philadelphia, adjacent to Penns Landing, Philadelphia,
p.m. PA, Safety Zone. PA, bounded from shoreline to shoreline,
bounded on the south by a line running
east to west from points along the
shoreline at latitude 39[deg]56'31.2'' N,
longitude 075[deg]08'28.1'' W; thence to
latitude 39[deg]56'29.1'' N, longitude
075[deg]07'56.5'' W, and bounded on the
north by the Benjamin Franklin Bridge.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: June 24, 2013.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2013-16049 Filed 7-3-13; 8:45 am]
BILLING CODE 9110-04-P
