Safety Zone, Indian River Bay; Millsboro, Delaware, 48690-48692 [2015-20113]
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Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations
feet at mean high water and 19 feet at
mean low water. The existing bridge
operating regulations are found at 33
CFR 117.537.
Maine Department of Transportation
requested this temporary deviation from
the normal operating schedule to
facilitate essential bridge repairs.
Under this temporary deviation, the
Southport Bridge (SR 27) may remain in
the closed position from 7 a.m. on
October 5, 2015 through 7 a.m. on
October 6, 2015.
The bridge will be able to open in the
event of an emergency. There is no
alternate route for vessel traffic;
however, vessels that can pass under the
closed draws during this closure may do
so at any time.
The Coast Guard will inform the users
of the waterway through our Local
Notice to Mariners of the change in
operating schedule for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
September 26, 2015 with rain date of
August 23 and September 27, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0563]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this 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:
Dated: August 5, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
Table of Acronyms
[FR Doc. 2015–20118 Filed 8–13–15; 8:45 am]
A. Regulatory History and Information
The Coast Guard is issuing this final
rule after publication of NPRM USCG–
2015–0563 (80 FR 42072; Jul. 16, 2015)
which received no comments.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0563]
RIN 1625–AA00
Safety Zone, Indian River Bay;
Millsboro, Delaware
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of Indian River Bay adjacent
to Millsboro, Delaware. The safety zone
will restrict vessel traffic in Indian River
Bay within a 200 foot radius of a
fireworks barge. This safety zone is
necessary to protect the surrounding
public and vessels from the hazards
associated with a fireworks display.
DATES: This rule is effective from 8:45
p.m. to 10:15 p.m. on August 22 and
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
20:18 Aug 13, 2015
Jkt 235001
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port
B. 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.
C. Discussion of the Final Rule
The Captain of the Port, Delaware
Bay, is establishing 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
effective from 8:45 p.m. to 10:15 p.m. on
August 22 and September 26, 2015,
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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 effective 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.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analysis based
on 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
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) 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
E:\FR\FM\14AUR1.SGM
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Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations
operators of vessels intending to anchor
or transit along Indian River Bay,
adjacent to Millsboro, Delaware, 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.
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.
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).
tkelley on DSK3SPTVN1PROD with RULES
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
VerDate Sep<11>2014
20:18 Aug 13, 2015
Jkt 235001
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 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
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48691
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 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
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 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; 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:
■
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48692
Federal Register / Vol. 80, No. 157 / Friday, August 14, 2015 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
§ 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 33 CFR
165.23 apply to this safety zone created
by this section § 165.T05–0563.
(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;
(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;
and
(c) Definitions. (1) Captain of the Port
means the Commander, Coast Guard
Sector Delaware Bay, or any Coast
Guard commissioned, warrant or petty
officer who has been authorized by the
Captain of the Port to act on his behalf.
(2) Designated representative means
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the Captain of the Port, Delaware
Bay, to assist in enforcing the safety
zone described in paragraph (a) of this
section.
(d) Enforcement. The U.S. Coast
Guard may be assisted by Federal, State,
and local agencies in the patrol and
enforcement of the zone.
(e) Enforcement period. This safety
zone will be effective 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.
VerDate Sep<11>2014
20:18 Aug 13, 2015
Jkt 235001
Dated: August 5, 2015.
B. A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2015–20113 Filed 8–13–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket Number USCG–2015–0646]
RIN 1625–AA00
Safety Zones; Marine Events Held in
the Sector Long Island Sound Captain
of the Port Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing six safety zones for
fireworks displays within the Coast
Guard Sector Long Island Sound (LIS)
Captain of the Port (COTP) Zone. This
temporary final rule is necessary to
provide for the safety of life on
navigable waters during these events.
Entry into, transit through, mooring or
anchoring within these safety zones is
prohibited unless authorized by COTP
Sector LIS.
DATES: This rule is effective without
actual notice from 12:01 a.m. on August
14, 2015 until 11 p.m. on August 23,
2015. For the purposes of enforcement,
actual notice will be used from the date
the rule was signed, July 29, 2015, until
August 14, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0646]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, contact
Petty Officer Ian Fallon, Prevention
Department, Coast Guard Sector Long
Island Sound, telephone (203) 468–
4565, email Ian.M.Fallon@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
SUMMARY:
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Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
NAD 83 North American Datum 1983
A. Regulatory History and Information
33 CFR Part 165
ACTION:
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Sfmt 4700
This rulemaking establishes six safety
zones for six fireworks displays. Each
event and its corresponding regulatory
history are discussed below.
Sag Harbor Fire Department
Fireworks is a first time marine event
with no regulatory history.
Sebonack Golf Club Fireworks is a
reoccurring marine event with
regulatory history and is cited in 33 CFR
165.151(7.44). This event has been
included in this rule due to deviation
from the date and location in this cite.
Wood Family Celebration Fireworks
is a first time marine event with no
regulatory history.
Baker Annual Summer Celebration is
a recurring marine event with regulatory
history. A safety zone was established
for this event on August 16, 2014 via a
temporary final rule entitled, ‘‘Safety
Zones; Marine Events in Captain of the
Port Long Island Zone’’. This rule was
published on August 18, 2014 in the
Federal Register (79 FR 48685).
Clinton Chamber of Commerce
Fireworks is a first time marine event
with no regulatory history.
Old Black Point Beach Fireworks is a
reoccurring marine event with
regulatory history and is cited in 33 CFR
165.151(8.3). This event has been
included in this rule due to deviation
from the location in this cite.
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 an
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest. There is
insufficient time to publish an NPRM
and solicit comments from the public
before these events take place. Thus,
waiting for a comment period to run
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]]>Agencies
[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Rules and Regulations]
[Pages 48690-48692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20113]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0563]
RIN 1625-AA00
Safety Zone, Indian River Bay; Millsboro, Delaware
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Indian River Bay adjacent to Millsboro, Delaware. The safety
zone will restrict vessel traffic in Indian River Bay within a 200 foot
radius of a fireworks barge. This safety zone is necessary to protect
the surrounding public and vessels from the hazards associated with a
fireworks display.
DATES: This rule is effective from 8:45 p.m. to 10:15 p.m. on August 22
and September 26, 2015 with rain date of August 23 and September 27,
2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0563]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
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
COTP Captain of the Port
A. Regulatory History and Information
The Coast Guard is issuing this final rule after publication of
NPRM USCG-2015-0563 (80 FR 42072; Jul. 16, 2015) which received no
comments.
B. 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.
C. Discussion of the Final Rule
The Captain of the Port, Delaware Bay, is establishing 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 effective 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 effective 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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analysis
based on 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 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) 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
[[Page 48691]]
operators of vessels intending to anchor or transit along Indian River
Bay, adjacent to Millsboro, Delaware, 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.
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.
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
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 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 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 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 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; 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:
[[Page 48692]]
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 33
CFR 165.23 apply to this safety zone created by this section Sec.
165.T05-0563.
(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;
(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; and
(c) Definitions. (1) Captain of the Port means the Commander, Coast
Guard Sector Delaware Bay, or any Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port to act
on his behalf.
(2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Delaware Bay, to assist in enforcing the safety zone described in
paragraph (a) of this section.
(d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State, and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This safety zone will be effective 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: August 5, 2015.
B. A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-20113 Filed 8-13-15; 8:45 am]
BILLING CODE 9110-04-P
