Safety Zone, Indian River Bay; Millsboro, DE, 42072-42075 [2015-17482]
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves implementation of
regulations within 33 CFR part 100
applicable to organized marine events
on the navigable waters of the United
States that could negatively impact the
safety of waterway users and shore side
activities in the event area. The category
of water activities includes but is not
limited to sail boat regattas, boat
parades, power boat racing, swimming
events, crew racing, canoe and sail
board racing. This rule is categorically
excluded from further review under
paragraph 34(h) of Figure 2–1 of the
Commandant Instruction. A preliminary
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
proposed rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
■
■
■
2. In the Table to § 100.501:
a. Suspend line No. (b.)21; and
b. Add line No. (b.)24.
The addition reads as follows:
§ 100.501 Special Local Regulations;
Recurring Marine Event in the Fifth Coast
Guard District.
*
*
*
*
*
TABLE TO § 100.501
[All coordinates listed in the Table to § 100.501 reference Datum NAD 1983]
No.
Date
*
Event
*
Sponsor
*
Location
*
*
*
*
(b.) Coast Guard Sector Baltimore—COTP Zone
*
24 ...........
*
October 3 and 4,
2015.
*
*
Ocean City Maryland Offshore
Grand Prix.
*
*
Offshore Performance Assn. Racing, LLC.
*
Dated: June 23, 2015.
Kevin C. Kiefer,
Captain, U.S. Coast Guard, Captain of the
Port Baltimore.
[FR Doc. 2015–17456 Filed 7–15–15; 8:45 am]
BILLING CODE 9110–04–P
*
*
*
The waters of the North Atlantic Ocean commencing at a point
on the shoreline at latitude 38°25′42″ N., longitude
075°03′06″ W.; thence east southeast to latitude 38°25′30″
N., longitude 075°02′12″ W., thence south southwest parallel to the Ocean City shoreline to latitude 38°19′12″ N.,
longitude 075°03′48″ W.; thence west northwest to the
shoreline at latitude 38°19′30″ N., longitude 075°05′00″ W.
*
*
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
tkelley on DSK3SPTVN1PROD with PROPOSALS
[Docket Number USCG–2015–0563]
RIN 1625–AA00
Safety Zone, Indian River Bay;
Millsboro, DE
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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*
*
The Coast Guard proposes to
establish a temporary safety zone on the
waters of Indian River Bay adjacent to
Millsboro, Delaware. The safety zone
will restrict vessel traffic on Indian
River Bay in the vicinity of a fireworks
barge on August 22 and September 26,
2015, from 8:45 p.m. until 10:15 p.m. on
each day. Should inclement weather
require cancellation of the fireworks
display on the above scheduled dates,
the safety zone will be enforced from
8:45 p.m. to 10:15 p.m. on August 23
and September 27, 2015. This safety
zone is necessary to protect the
surrounding public and vessels from the
SUMMARY:
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules
hazards associated with a fireworks
display.
Comments and related material
must be received by the Coast Guard on
or before July 23, 2015.
ADDRESSES: You may submit comments
identified by docket number USCG–
2015–0563 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329. See the ‘‘Public Participation
and Request for Comments’’ portion of
the SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
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:
DATES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
tkelley on DSK3SPTVN1PROD with PROPOSALS
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (Docket Number USCG–
2015–0563), indicate the specific
section of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
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material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number (USCG–2015–0563) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2015–0563) 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue Federal
Register (73 FR 3316).
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4. Public Meeting
We do not now plan to hold a public
meeting. If we determine that one would
aid this rulemaking, we will hold one at
a time and place announced by a later
notice in the Federal Register.
B. Regulatory History and Information
This NPRM represents the first time
the Coast Guard is seeking comments on
the proposed safety zone at this
location.
C. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
safety zones: 33 U.S.C 1231; 33 CFR
1.05–1, 160.5; Department of Homeland
Security Delegation No. 0170.1.
The purpose of this safety zone is to
protect mariners and spectators from the
hazards associated with the fireworks
display, such as accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris.
D. Discussion of Proposed Rule
The Captain of the Port, Delaware
Bay, proposes to establish a safety zone
on specified waters that will encompass
all waters of Indian River Bay, within a
200-foot radius of the fireworks barge in
approximate position 38–36.58 N., 075–
09.00 W., adjacent to Millsboro,
Delaware. The safety zone will be
enforced from 8:45 p.m. to 10:15 p.m.
on August 22 and September 26, 2015,
unless cancelled earlier by the Captain
of the Port. Should inclement weather
require cancellation of the fireworks
display on the above scheduled dates,
the safety zone will be enforced from
8:45 p.m. to 10:15 p.m. on August 23
and September 27, 2015, respectively.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port, Delaware Bay, or his designated
representative. The Captain of the Port,
Delaware Bay, or his representative may
be contacted via VHF channel 16 or at
215–271–4807.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed 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
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules
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: 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; 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
the size and duration of the zone are
relatively limited in scope.
tkelley on DSK3SPTVN1PROD with PROPOSALS
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 proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule would affect the
following entities, some of which may
be small entities: the owners or
operators of vessels intending to anchor
or transit along Indian River Bay,
adjacent to Millsboro, Delaware, on
August 22 and September 26, 2015,
respectively from 8:45 p.m. until 10:15
p.m., unless cancelled earlier by the
Captain of the Port.
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 his
designated representative and the safety
zone is limited in size and duration. The
Coast Guard will issue maritime
advisories widely available to users of
Indian River Bay.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
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Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed 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 From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves implementation of
regulations within 33 CFR part 165,
applicable to safety zones on the
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Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules
navigable waterways. This zone will
temporarily restrict vessel traffic from
anchoring or transiting a portion of
Indian River Bay near Millsboro,
Delaware, in order to protect the safety
of life and property on the waters while
a fireworks display is conducted. This
rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. A preliminary
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
proposed 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 proposes to
amend 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; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add temporary § 165.T05–0563 to
read as follows:
■
tkelley on DSK3SPTVN1PROD with PROPOSALS
§ 165.T05–0563 Safety Zone, Indian River
Bay; Millsboro, DE.
(a) Regulated area. The following area
is a safety zone: All waters of Indian
River Bay within a 200-foot radius of a
fireworks barge located approximately
at position 38–36.58 N., 075–09.00 W.
near Millsboro, Delaware.
(b) Regulations. The general safety
zone regulations found in subpart C of
this part apply to this safety zone
created by this section.
(1) All persons and vessels are
prohibited from entering this zone,
except as authorized by the Coast Guard
Captain of the Port or his designated
representative.
(2) 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.
(3) No person or vessel may enter or
remain in a safety zone without the
permission of the Captain of the Port;
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(4) Each person and vessel in a safety
zone shall obey any direction or order
of the Captain of the Port; and
(5) 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.
(c) Definitions. In this section—
Captain of the Port means the
Commander, Coast Guard Sector
Delaware Bay, or any Coast Guard
commissioned, warrant or petty officer
who has been authorized by the Captain
of the Port to act on his behalf.
Designated representative means any
Coast Guard commissioned, warrant or
petty officer who has been authorized
by the Captain of the Port, Delaware
Bay, to assist in enforcing the safety
zone described in paragraph (a) of this
section.
(d) Enforcement agencies. The U.S.
Coast Guard may be assisted by Federal,
State, and local agencies in the patrol
and enforcement of the zone.
(e) Enforcement period. This safety
zone will be enforced on August 22 and
September 26, 2015, from 8:45 p.m.
until 10:15 p.m., unless cancelled
earlier by the Captain of the Port.
Should inclement weather require
cancellation of the fireworks display on
the above scheduled dates, the safety
zone will be enforced between 8:45 p.m.
and 10:15 p.m. on August 23 and
September 27, 2015, unless cancelled
earlier by the Captain of the Port.
Dated: June 29, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2015–17482 Filed 7–15–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0360; FRL–9930–62–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Revision to the Definition of Volatile
Organic Compounds
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve the
State Implementation Plan (SIP)
revision submitted by the
Commonwealth of Virginia for the
purpose of revising the definition of
volatile organic compounds (VOC). In
SUMMARY:
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the Final Rules section of this Federal
Register, EPA is approving the
Commonwealth’s SIP submittal as a
direct final rule without prior proposal
because the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this action, no further
activity is contemplated. If EPA receives
adverse comments, the direct final rule
will be withdrawn and all public
comments received will be addressed in
a subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time.
DATES: Comments must be received in
writing by August 17, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2015–0360 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2015–0360,
Cristina Fernandez, Associate Director,
Office of Air Program Planning, Air
Protection Division, Mailcode 3AP30,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2015–
0360. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
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]]>Agencies
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Proposed Rules]
[Pages 42072-42075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17482]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0563]
RIN 1625-AA00
Safety Zone, Indian River Bay; Millsboro, DE
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of Indian River Bay adjacent to Millsboro, Delaware. The
safety zone will restrict vessel traffic on Indian River Bay in the
vicinity of a fireworks barge on August 22 and September 26, 2015, from
8:45 p.m. until 10:15 p.m. on each day. Should inclement weather
require cancellation of the fireworks display on the above scheduled
dates, the safety zone will be enforced from 8:45 p.m. to 10:15 p.m. on
August 23 and September 27, 2015. This safety zone is necessary to
protect the surrounding public and vessels from the
[[Page 42073]]
hazards associated with a fireworks display.
DATES: Comments and related material must be received by the Coast
Guard on or before July 23, 2015.
ADDRESSES: You may submit comments identified by docket number USCG-
2015-0563 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
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
COTP Captain of the Port
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (Docket Number USCG-2015-0563), indicate the specific
section of this document to which each comment applies, and provide a
reason for each suggestion or recommendation. You may submit your
comments and material online at https://www.regulations.gov, or by fax,
mail, or hand delivery, but please use only one of these means. If you
submit a comment online, it will be considered received by the Coast
Guard when you successfully transmit the comment. If you fax, hand
deliver, or mail your comment, it will be considered as having been
received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email address, or a telephone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number (USCG-2015-0563) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2015-0563) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue Federal
Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
B. Regulatory History and Information
This NPRM represents the first time the Coast Guard is seeking
comments on the proposed safety zone at this location.
C. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C 1231; 33 CFR 1.05-1, 160.5; Department
of Homeland Security Delegation No. 0170.1.
The purpose of this safety zone is to protect mariners and
spectators from the hazards associated with the fireworks display, such
as accidental discharge of fireworks, dangerous projectiles, and
falling hot embers or other debris.
D. Discussion of Proposed Rule
The Captain of the Port, Delaware Bay, proposes to establish a
safety zone on specified waters that will encompass all waters of
Indian River Bay, within a 200-foot radius of the fireworks barge in
approximate position 38-36.58 N., 075-09.00 W., adjacent to Millsboro,
Delaware. The safety zone will be enforced from 8:45 p.m. to 10:15 p.m.
on August 22 and September 26, 2015, unless cancelled earlier by the
Captain of the Port. Should inclement weather require cancellation of
the fireworks display on the above scheduled dates, the safety zone
will be enforced from 8:45 p.m. to 10:15 p.m. on August 23 and
September 27, 2015, respectively.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Delaware Bay,
or his designated representative. The Captain of the Port, Delaware
Bay, or his representative may be contacted via VHF channel 16 or at
215-271-4807.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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
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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: 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;
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
the size and duration of the zone are relatively limited in scope.
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
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule would affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to anchor or transit along Indian River Bay, adjacent to
Millsboro, Delaware, on August 22 and September 26, 2015, respectively
from 8:45 p.m. until 10:15 p.m., unless cancelled earlier by the
Captain of the Port.
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 his designated
representative and the safety zone is limited in size and duration. The
Coast Guard will issue maritime advisories widely available to users of
Indian River Bay.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule
involves implementation of regulations within 33 CFR part 165,
applicable to safety zones on the
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navigable waterways. This zone will temporarily restrict vessel traffic
from anchoring or transiting a portion of Indian River Bay near
Millsboro, Delaware, in order to protect the safety of life and
property on the waters while a fireworks display is conducted. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary
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
proposed 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 proposes
to amend 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T05-0563 to read as follows:
Sec. 165.T05-0563 Safety Zone, Indian River Bay; Millsboro, DE.
(a) Regulated area. The following area is a safety zone: All waters
of Indian River Bay within a 200-foot radius of a fireworks barge
located approximately at position 38-36.58 N., 075-09.00 W. near
Millsboro, Delaware.
(b) Regulations. The general safety zone regulations found in
subpart C of this part apply to this safety zone created by this
section.
(1) All persons and vessels are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port or his
designated representative.
(2) 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.
(3) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
(4) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port; and
(5) 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.
(c) Definitions. In this section--
Captain of the Port means the Commander, Coast Guard Sector
Delaware Bay, or any Coast Guard commissioned, warrant or petty officer
who has been authorized by the Captain of the Port to act on his
behalf.
Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Delaware Bay, to assist in enforcing the safety zone described in
paragraph (a) of this section.
(d) Enforcement agencies. The U.S. Coast Guard may be assisted by
Federal, State, and local agencies in the patrol and enforcement of the
zone.
(e) Enforcement period. This safety zone will be enforced on August
22 and September 26, 2015, from 8:45 p.m. until 10:15 p.m., unless
cancelled earlier by the Captain of the Port. Should inclement weather
require cancellation of the fireworks display on the above scheduled
dates, the safety zone will be enforced between 8:45 p.m. and 10:15
p.m. on August 23 and September 27, 2015, unless cancelled earlier by
the Captain of the Port.
Dated: June 29, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-17482 Filed 7-15-15; 8:45 am]
BILLING CODE 9110-04-P
