Safety Zone; Fifth Coast Guard District Fireworks Displays, Delaware River; Philadelphia, PA., 40399-40402 [2013-16049]

Download as PDF 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: ■ emcdonald on DSK67QTVN1PROD with RULES § 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. VerDate Mar<15>2010 18:07 Jul 03, 2013 Jkt 229001 (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: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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 http:// 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 E:\FR\FM\05JYR1.SGM 05JYR1 40400 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES 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 VerDate Mar<15>2010 18:07 Jul 03, 2013 Jkt 229001 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 E:\FR\FM\05JYR1.SGM 05JYR1 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Rules and Regulations 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. emcdonald on DSK67QTVN1PROD with RULES 4. Collection of Information VerDate Mar<15>2010 18:07 Jul 03, 2013 Jkt 229001 This rule does not use technical standards. Therefore, we did not Frm 00021 Fmt 4700 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 PO 00000 40401 Sfmt 4700 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. * E:\FR\FM\05JYR1.SGM * 05JYR1 * * * 40402 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, emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 18:07 Jul 03, 2013 Regulated area Jkt 229001 * 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 Fmt 4700 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 E:\FR\FM\05JYR1.SGM 05JYR1

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]


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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.

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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 http://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]]



----------------------------------------------------------------------------------------------------------------
            Number                     Date             Location                    Regulated area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                 (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