Safety Zone, Labor Day Long Neck Style Fireworks, Indian River Bay; Long Neck, DE, 53465-53467 [2015-21953]
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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 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, 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.
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SUMMARY:
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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.
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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
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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.
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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.
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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.
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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
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§ 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.
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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:
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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
https://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 https://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 https://
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 https://
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
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]]>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 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,
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
