Safety Zone, Labor Day Long Neck Style Fireworks, Indian River Bay; Long Neck, DE, 53465-53467 [2015-21953]

Download as PDF Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations on signal if at least four hours notice is given, as required by 33 CFR 117.189(a). Navigation on the waterway is commercial and recreational. The drawspan will be secured in the closed-to-navigation position 1 p.m. to 10 p.m. on September 27, 2015, to allow the community to participate in the Farm to Fork dinner event. This temporary deviation has been coordinated with the waterway users. No objections to the proposed temporary deviation were raised. Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices 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. Dated: August 19, 2015. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District. This rule is effective from 8:00 p.m. to 10:00 p.m. on September 6, 2015. DATES: Documents mentioned in this preamble are part of docket [USCG– 2015–0823]. 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 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: ADDRESSES: Table of Acronyms [FR Doc. 2015–22026 Filed 9–3–15; 8:45 am] BILLING CODE 9110–04–P DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking COTP Captain of the Port DEPARTMENT OF HOMELAND SECURITY A. Regulatory History and Information Coast Guard 33 CFR Part 165 [Docket Number USCG–2015–0823] RIN 1625–AA00 Safety Zone, Labor Day Long Neck Style Fireworks, Indian River Bay; Long Neck, DE Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the waters of Indian River Bay in Long Neck, DE. The safety zone will restrict vessel traffic on a portion of Indian River Bay from operating while a fireworks event is taking place. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with a fireworks display. rmajette on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 13:57 Sep 03, 2015 Jkt 235001 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 as publishing an NPRM is impracticable given that the final details for this event were not received by the Coast Guard until August 18, 2015, and this event is scheduled for September 6, 2015. For similar 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. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 53465 B. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish regulated navigation areas and other limited access areas: 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 To mitigate the risks associated with the Labor Day Long Neck Style Fireworks Display, the Captain of the Port, Delaware Bay is establishing a temporary safety zone in the vicinity of the launch site. The safety zone will encompass all waters of Indian River Bay within a 230 Yard radius of the fireworks launch platform in approximate position 38°36′35.8″ N., 075°09′04.4″ W. in Long Neck, DE. The safety zone will be effective and enforced from 8:00 p.m. until 10:00 p.m. on September 6, 2015. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port, Delaware Bay, or his on-scene representative. The Captain of the Port, Delaware Bay, or his on-scene representative may be contacted via VHF channel 16. 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: 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 E:\FR\FM\04SER1.SGM 04SER1 53466 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations zone with the permission of the Captain of the Port on a case-by-case basis, and 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 Indian River Bay in Long Neck, DE from 8:00 p.m. until 10:00 p.m. on September 6, 2015, 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 reasons stated under paragraph D.1., Regulatory Planning and Review. rmajette on DSK2VPTVN1PROD with RULES 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. VerDate Sep<11>2014 13:57 Sep 03, 2015 Jkt 235001 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. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 Indian River Bay along the shoreline of Long Neck, Delaware, 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. 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 rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. E:\FR\FM\04SER1.SGM 04SER1 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations 1. The authority citation for part 165 continues to read as follows: (d) Enforcement officials. 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 from 8:00 p.m. until 10:00 p.m. on September 6, 2015, unless cancelled earlier by the Captain of the Port. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. B.A. Cooper, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. 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 ■ [FR Doc. 2015–21953 Filed 9–3–15; 8:45 am] 2. Add § 165.T05–0823 to read as follows: ■ BILLING CODE 9110–04–P rmajette on DSK2VPTVN1PROD with RULES § 165.T05–0823 Safety Zone, Labor Day Long Neck Style Fireworks, Indian River Bay; Long Neck, DE. (a) Regulated area. The following area is a safety zone: all waters of Indian River Bay within a 230 yard radius of the fireworks launch platform in approximate position 38°36′35.8″ N., 075°09′04.4″ W. in Long Neck, DE. (b) Regulations. The general safety zone regulations found in subpart C of this part apply to the safety zone created by this section. (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 his 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 his 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. (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. VerDate Sep<11>2014 13:57 Sep 03, 2015 Jkt 235001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2013–0808; FRL–9932–50– Region 6] Approval and Promulgation of Implementation Plans; Texas; Infrastructure Requirements for the 1997 Ozone and the 1997 and 2006 PM2.5 NAAQS Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is finalizing a change to the Code of Federal Regulations (CFR) to reflect a 2014 EPA approval to a State Implementation Plan (SIP) revision to regulate greenhouse gases (GHGs) in Texas Prevention of Significant Deterioration (PSD) permitting program and to show that the SIP deficiency identified in a prior partial disapproval for the 1997 Ozone and the 1997 and 2006 PM2.5 National Ambient Air Quality Standards (NAAQS) has been addressed. DATES: This rule is effective on November 3, 2015 without further notice, unless EPA receives relevant adverse comment by October 5, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2013–0808, by one of the following methods: • www.regulations.gov: Follow the on-line instructions. • Email: Carl Young at young.carl@ epa.gov. • Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 53467 Instructions: Direct your comments to Docket ID No. EPA–R06–OAR–2013– 0808. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit electronically any information that you consider to be CBI or other information whose disclosure is restricted by statute. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means that the 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 the EPA without going through http:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment along with any disk or CD–ROM submitted. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional information on submitting comments, please visit http:// www2.epa.gov/dockets/commentingepa-dockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). E:\FR\FM\04SER1.SGM 04SER1

Agencies

[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Rules and Regulations]
[Pages 53465-53467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21953]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0823]
RIN 1625-AA00


Safety Zone, Labor Day Long Neck Style Fireworks, Indian River 
Bay; Long Neck, DE

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 in Long Neck, DE. The safety zone will 
restrict vessel traffic on a portion of Indian River Bay from operating 
while a fireworks event is taking place. This temporary 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 8:00 p.m. to 10:00 p.m. on September 
6, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0823]. 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 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 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 as publishing an NPRM is impracticable given 
that the final details for this event were not received by the Coast 
Guard until August 18, 2015, and this event is scheduled for September 
6, 2015.
    For similar 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

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 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

    To mitigate the risks associated with the Labor Day Long Neck Style 
Fireworks Display, the Captain of the Port, Delaware Bay is 
establishing a temporary safety zone in the vicinity of the launch 
site. The safety zone will encompass all waters of Indian River Bay 
within a 230 Yard radius of the fireworks launch platform in 
approximate position 38[deg]36'35.8'' N., 075[deg]09'04.4'' W. in Long 
Neck, DE. The safety zone will be effective and enforced from 8:00 p.m. 
until 10:00 p.m. on September 6, 2015. Entry into, transiting, or 
anchoring within the safety zone is prohibited unless authorized by the 
Captain of the Port, Delaware Bay, or his on-scene representative. The 
Captain of the Port, Delaware Bay, or his on-scene representative may 
be contacted via VHF channel 16.

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: 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

[[Page 53466]]

zone with the permission of the Captain of the Port on a case-by-case 
basis, and 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 Indian River Bay in 
Long Neck, DE from 8:00 p.m. until 10:00 p.m. on September 6, 2015, 
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 reasons stated under 
paragraph D.1., Regulatory Planning and Review.

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 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 
Indian River Bay along the shoreline of Long Neck, Delaware, 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. 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 rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


[[Page 53467]]


    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, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-0823 to read as follows:


Sec.  165.T05-0823  Safety Zone, Labor Day Long Neck Style Fireworks, 
Indian River Bay; Long Neck, DE.

    (a) Regulated area. The following area is a safety zone: all waters 
of Indian River Bay within a 230 yard radius of the fireworks launch 
platform in approximate position 38[deg]36'35.8'' N., 075[deg]09'04.4'' 
W. in Long Neck, DE.
    (b) Regulations. The general safety zone regulations found in 
subpart C of this part apply to the safety zone created by this 
section.
    (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 his 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 his 
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.
    (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 officials. 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 from 
8:00 p.m. until 10:00 p.m. on September 6, 2015, unless cancelled 
earlier by the Captain of the Port.

B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-21953 Filed 9-3-15; 8:45 am]
 BILLING CODE 9110-04-P