Safety Zone, Delaware River; Chester, PA, 37204-37207 [2014-15441]

Download as PDF 37204 Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Rules and Regulations 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 safety zones. 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. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. pmangrum on DSK3VPTVN1PROD with RULES 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: VerDate Mar<15>2010 15:01 Jun 30, 2014 Jkt 232001 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. 1226, 1231; 46 U.S.C. Chapters 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. 2. Add temporary § 165.T13.273 to read as follows: ■ § 165.T13.273 Safety Zones; Fireworks Displays in Captain of the Port Puget Sound Zone. (a) Location. The following areas are designated as safety zones: (1) Freeland Celebrate America Festival, Holmes Harbor, Freeland, WA: All waters encompassed within a 150 yard radius around position 48°1′2.89″ N, 122°31′51.98″ W. (2) Port Madison Fireworks, Agate Pass, Suquamish, WA: All waters encompassed within a 300 yard radius around position 47°42′27.60″ N, 122°34′12.00″ W. (3) Steilacoom 4th of July Celebration, Puget Sound North of Steilacoom, WA: All waters encompassed within a 300 yard radius around position 47°10′42.46″ N, 122°35′46.49″ W. (4) Seattle Seafair 4th of July, Lake Union, Seattle, WA: All waters encompassed within a 300 yard radius around position 47°38′24.85″ N, 122°20′3.81″ W. (5) San Juan Island Independence Day Celebration, Friday Harbor, Friday Harbor, WA: All waters encompassed within a 200 yard radius around position 48°32′28.26″ N, 123°0′42.84″ W. (b) Regulations. In accordance with the general regulations in 33 CFR part 165, Subpart C, no person or vessel may enter or remain in the safety zone created by this section without the permission of the Captain of the Port or his designated representative. Designated representatives are Coast Guard Personnel authorized by the Captain of the Port to grant persons or vessels permission to enter or remain in the safety zone created by this section. (c) Enforcement period. The safety zones created by this section will be enforced as follows: (1) Freeland Celebrate America Festival, Holmes Harbor, Freeland, WA: 5 p.m. on July 3, 2014 until 1 a.m. on July 4, 2014. (2) Port Madison Fireworks, Agate Pass, Suquamish, WA: 5 p.m. on July 4, 2014 until 1 a.m. on July 5, 2014. (3) Steilacoom 4th of July Celebration, Puget Sound North of Steilacoom, WA: PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 5 p.m. on July 4, 2014 until 1 a.m. on July 5, 2014. (4) Seattle Seafair 4th of July, Lake Union, Seattle, WA: 5 p.m. on July 4, 2014 until 1 a.m. on July 5, 2014. (5) San Juan Island Independence Day Celebration, Friday Harbor, Friday Harbor, WA: 5 p.m. on July 4, 2014 until 1 a.m. on July 5, 2014. Dated: June 13, 2014. M.W. Raymond, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. [FR Doc. 2014–15311 Filed 6–30–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2014–0511] RIN 1625–AA00 Safety Zone, Delaware River; Chester, PA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a safety zone on the Delaware River in Chester, PA, from 9 p.m. to 10:15 p.m. on July 12, 2014. The safety zone will restrict vessel traffic on the Delaware River while a fireworks event is taking place. This safety zone is necessary to protect the public and vessels in the surrounding area from the hazards associated with a fireworks display. SUMMARY: This rule is effective from July 1, 2014 through July 12, 2014. It will be enforced from 9 p.m. to 10:15 p.m. on July 12, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2014–0511]. 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 If you have questions on this DATES: E:\FR\FM\01JYR1.SGM 01JYR1 Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Rules and Regulations temporary rule, call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 271–4851, email Brennan.P.Dougherty@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, 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 pmangrum on DSK3VPTVN1PROD with RULES A. Regulatory History and Information The Coast Guard is issuing this 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 allowing this event to go forward without a safety zone in place is contrary to the public interest and would expose mariners and the public to unnecessary dangers associated with fireworks displays. For the same reasons, we find under 5 U.S.C. 553(d) that we have good cause to make the rule effective less than 30 days after publication. B. Basis and Purpose On July 12, 2014, fireworks will be launched from a barge with a fall out zone that covers part of Delaware River. The Captain of the Port, Sector Delaware Bay, has determined that the Philadelphia Union Soccer Game at PPL Park 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. C. Discussion of the Final Rule The Coast Guard is establishing a safety zone in the waters of the Delaware River in Philadelphia, PA, from 9 p.m. to 10:15 p.m. on July 12, VerDate Mar<15>2010 15:01 Jun 30, 2014 Jkt 232001 2014. The safety zone will encompass all waters just south of the Commodore Barry Bridge within a 350 yard radius of the fireworks barge located at latitude 39°49′47.04″ N longitude 075°22′40.72″ W in Chester, PA. During enforcement of the safety zone, all persons and vessels will be prohibited from entering, transiting, mooring, or remaining within the zone, unless specifically authorized by the Captain of the Port Delaware Bay, or her designated representative. Those persons authorized to transit through the safety zone shall abide by and follow all directions provided by the Captain of the Port Delaware Bay, or her designated representative, in order to ensure they are not disrupting the fireworks display. U.S. Coast Guard Sector Delaware Bay will notify the public by broadcast notice to mariners at least one hour prior to the times of enforcement. 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. Although this regulation will restrict access to the regulated area, the effect of this rule will not be significant because: (i) The Coast Guard will make extensive notification of the Safety Zone to the maritime public via maritime advisories so mariners can alter their plans accordingly; (ii) vessels may still be permitted to transit through the safety zone with the permission of the Captain of the Port on a case-by-case basis; and (iii) this rule will be enforced for only the duration of the fireworks display. 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 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 37205 operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to anchor or transit along a portion of the Delaware River near Chester, PA, from 9 p.m. to 10:15 p.m. on July 12, 2014, unless cancelled earlier by the Captain of the Port once all operations are completed. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reason: Vessel traffic will be allowed to pass through the zone with permission of the Coast Guard Captain of the Port Delaware Bay or her designated representative and zone is limited in size and duration. Sector Delaware Bay will issue maritime advisories widely available to users of the Delaware Bay and River. 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). E:\FR\FM\01JYR1.SGM 01JYR1 37206 Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Rules and Regulations 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 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. pmangrum on DSK3VPTVN1PROD with RULES 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, VerDate Mar<15>2010 15:01 Jun 30, 2014 Jkt 232001 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 implementation of regulations within 33 CFR Part 165, applicable to safety zones on the navigable waterways. This zone will temporarily restrict vessel traffic from transiting the Delaware River along the shoreline of Chester, Pennsylvania, in order to protect the safety of life and property on the waters for the duration of the fireworks display. 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. 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: PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 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. Add temporary § 165.T05–0511 to read as follows: ■ § 165.T05–0511 Safety Zone, Delaware River; Philadelphia, PA. (a) Location. The following area is a safety zone: All waters of the Delaware River in Chester, PA, inside a boundary encompassing all waters just south of the Commodore Barry Bridge within a 350 yard radius of the fireworks barge located at latitude 39°49′47.04″ N longitude 075°22′40.72″ W in Chester, PA. (b) Enforcement period. This rule will be enforced from 9 p.m. to 10:15 p.m. on July 12, 2014, unless cancelled earlier by the Captain of the Port once all operations are completed. (c) Regulations. All persons are required to comply with the general regulations governing safety zones in 33 CFR 165.33. (1) 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. (2) Vessels granted permission to transit must do so in accordance with the directions provided by the Captain of the Port or her designated representative to the vessel. (3) To seek permission to transit the Safety Zone, the Captain of the Port’s representative can be contacted via marine radio VHF Channel 16. (4) 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. (5) No person or vessel may enter or remain in a safety zone without the permission of the Captain of the Port; (6) Each person and vessel in a safety zone shall obey any direction or order of the Captain of the Port; (7) 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 (8) No person may take or place any article or thing upon any waterfront E:\FR\FM\01JYR1.SGM 01JYR1 Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Rules and Regulations 37207 DEPARTMENT OF HOMELAND SECURITY 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 Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 271–4851, email Brennan.P.Dougherty@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: The Captain of the Port, Sector Delaware Bay, has determined that the City of Ocean City 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 required to ensure safety on the waterway during the event and to protect both life and property on the navigable waterways of the North Atlantic Ocean in respect to the commercial/recreational vessel traffic. U.S. Coast Guard Sector Delaware Bay will notify the public by broadcast notice to mariners at least one hour prior to the times of enforcement. Coast Guard Table of Acronyms C. Discussion of the Final Rule The Coast Guard is establishing a safety zone on the Atlantic Ocean near Ocean City, NJ, from 9:10 p.m. to 10:20 p.m. on July 16, 2014 with a rain date scheduled for July 17, 2014. The safety zone will restrict vessel traffic in the North Atlantic Ocean within a 500 yard radius of a fireworks barge located at position 39–16.22 N, 074–33.54 W. During the period of the safety zone, all persons and vessels will be prohibited from entering, transiting, mooring, or remaining within the zone, unless specifically authorized by the Captain of the Port Delaware Bay, or her designated representative. Those persons authorized to transit through the safety zone shall abide by and follow all directions provided by the Captain of the Port Delaware Bay, or her designated representative, in order to ensure they are not disrupting the event. facility in a safety zone without the permission of the Captain of the Port. (d) Definitions. The Captain of the Port means the Commander of 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. (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the Safety Zone by Federal, State, and local agencies. Dated: June 18, 2014. K. Moore, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2014–15441 Filed 6–30–14; 8:45 am] BILLING CODE 9110–04–P DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking 33 CFR Part 165 [Docket Number USCG–2014–0494] RIN 1625–AA00 Safety Zone, Atlantic Ocean; Ocean City, NJ Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a safety zone on the Atlantic Ocean near Ocean City, NJ, from 9:10 p.m. to 10:20 p.m. on July 16, 2014 with a rain date scheduled for July 17, 2014. The safety zone will restrict vessel traffic in the North Atlantic Ocean within a 500 yard radius of a fireworks barge located at position 39– 16.22 N, 074–33.54 W. This safety zone is necessary to protect the surrounding public and vessels from the hazards associated with a fireworks display. This regulation is necessary to provide for the safety of life on the navigable waters of the North Atlantic Ocean. This safety zone is intended to restrict vessel traffic movement to ensure the safety of the surrounding public and vessels. DATES: This rule is effective from July 1, 2014 through July 17, 2014. It will be enforced from 9:10 p.m. to 10:20 p.m. on July 16, 2014 with a rain date of July 17, 2014, unless cancelled earlier. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2014–0494]. 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 pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:01 Jun 30, 2014 Jkt 232001 A. Regulatory History and Information The Coast Guard is issuing this 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 a safety zone is impracticable because the final details for this event were not received by the Coast Guard until June 6, 2014, and this event is scheduled for July 16, 2014 with a rain date scheduled for July 17, 2014. Further, allowing this event to go forward without a safety zone in place would expose mariners and the public to unnecessary dangers associated with fireworks displays, contrary to the public interest. For the same reasons, 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. B. Basis and Purpose On July 16, 2014 fireworks will be launched from a barge with a fall out zone that covers part of the North Atlantic Ocean. The City of Ocean City has contracted with Pyrotecnico Fireworks to arrange for this display. PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 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. Although this regulation will E:\FR\FM\01JYR1.SGM 01JYR1

Agencies

[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Rules and Regulations]
[Pages 37204-37207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15441]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0511]
RIN 1625-AA00


Safety Zone, Delaware River; Chester, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone on the Delaware 
River in Chester, PA, from 9 p.m. to 10:15 p.m. on July 12, 2014. The 
safety zone will restrict vessel traffic on the Delaware River while a 
fireworks event is taking place. This safety zone is necessary to 
protect the public and vessels in the surrounding area from the hazards 
associated with a fireworks display.

DATES: This rule is effective from July 1, 2014 through July 12, 2014. 
It will be enforced from 9 p.m. to 10:15 p.m. on July 12, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0511]. 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 If you have questions on this

[[Page 37205]]

temporary rule, call or email Lieutenant Brennan Dougherty, U.S. Coast 
Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast 
Guard; telephone (215) 271-4851, email Brennan.P.Dougherty@uscg.mil. If 
you have questions on viewing or submitting material to the docket, 
call Cheryl Collins, 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

    The Coast Guard is issuing this 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 allowing this event to go forward 
without a safety zone in place is contrary to the public interest and 
would expose mariners and the public to unnecessary dangers associated 
with fireworks displays. For the same reasons, we find under 5 U.S.C. 
553(d) that we have good cause to make the rule effective less than 30 
days after publication.

B. Basis and Purpose

    On July 12, 2014, fireworks will be launched from a barge with a 
fall out zone that covers part of Delaware River. The Captain of the 
Port, Sector Delaware Bay, has determined that the Philadelphia Union 
Soccer Game at PPL Park 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.

C. Discussion of the Final Rule

    The Coast Guard is establishing a safety zone in the waters of the 
Delaware River in Philadelphia, PA, from 9 p.m. to 10:15 p.m. on July 
12, 2014. The safety zone will encompass all waters just south of the 
Commodore Barry Bridge within a 350 yard radius of the fireworks barge 
located at latitude 39[deg]49'47.04'' N longitude 075[deg]22'40.72'' W 
in Chester, PA. During enforcement of the safety zone, all persons and 
vessels will be prohibited from entering, transiting, mooring, or 
remaining within the zone, unless specifically authorized by the 
Captain of the Port Delaware Bay, or her designated representative. 
Those persons authorized to transit through the safety zone shall abide 
by and follow all directions provided by the Captain of the Port 
Delaware Bay, or her designated representative, in order to ensure they 
are not disrupting the fireworks display. U.S. Coast Guard Sector 
Delaware Bay will notify the public by broadcast notice to mariners at 
least one hour prior to the times of enforcement.

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. Although this regulation 
will restrict access to the regulated area, the effect of this rule 
will not be significant because: (i) The Coast Guard will make 
extensive notification of the Safety Zone to the maritime public via 
maritime advisories so mariners can alter their plans accordingly; (ii) 
vessels may still be permitted to transit through the safety zone with 
the permission of the Captain of the Port on a case-by-case basis; and 
(iii) this rule will be enforced for only the duration of the fireworks 
display.

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 will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to anchor or transit along a portion of the Delaware River 
near Chester, PA, from 9 p.m. to 10:15 p.m. on July 12, 2014, unless 
cancelled earlier by the Captain of the Port once all operations are 
completed.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: Vessel 
traffic will be allowed to pass through the zone with permission of the 
Coast Guard Captain of the Port Delaware Bay or her designated 
representative and zone is limited in size and duration. Sector 
Delaware Bay will issue maritime advisories widely available to users 
of the Delaware Bay and River.

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).

[[Page 37206]]

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 
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 involves implementation of regulations within 33 
CFR Part 165, applicable to safety zones on the navigable waterways. 
This zone will temporarily restrict vessel traffic from transiting the 
Delaware River along the shoreline of Chester, Pennsylvania, in order 
to protect the safety of life and property on the waters for the 
duration of the fireworks display. 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. 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, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1


0
2. Add temporary Sec.  165.T05-0511 to read as follows:


Sec.  165.T05-0511  Safety Zone, Delaware River; Philadelphia, PA.

    (a) Location. The following area is a safety zone: All waters of 
the Delaware River in Chester, PA, inside a boundary encompassing all 
waters just south of the Commodore Barry Bridge within a 350 yard 
radius of the fireworks barge located at latitude 39[deg]49'47.04'' N 
longitude 075[deg]22'40.72'' W in Chester, PA.
    (b) Enforcement period. This rule will be enforced from 9 p.m. to 
10:15 p.m. on July 12, 2014, unless cancelled earlier by the Captain of 
the Port once all operations are completed.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.33.
    (1) 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.
    (2) Vessels granted permission to transit must do so in accordance 
with the directions provided by the Captain of the Port or her 
designated representative to the vessel.
    (3) To seek permission to transit the Safety Zone, the Captain of 
the Port's representative can be contacted via marine radio VHF Channel 
16.
    (4) 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.
    (5) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (6) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (7) 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
    (8) No person may take or place any article or thing upon any 
waterfront

[[Page 37207]]

facility in a safety zone without the permission of the Captain of the 
Port.
    (d) Definitions. The Captain of the Port means the Commander of 
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.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the Safety Zone by Federal, State, and local 
agencies.

    Dated: June 18, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-15441 Filed 6-30-14; 8:45 am]
BILLING CODE 9110-04-P