Safety Zone; Delaware River, Philadelphia, PA, 26846-26848 [2017-12093]
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26846
Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Rules and Regulations
32.08). Apply 2 to 3 drops of the solution to
Area Z in Figure 1 of ASB 32.08 and wait 10
to 15 seconds. If a dark mark appears as
shown in Area 2 of Figure 3 of ASB 32.08,
there is no metal coating. If a light mark
appears as shown in Area 4 of Figure 3 of
ASB 32.08, remove all metal coating in Area
Z of Figure 1 of ASB 32.08.
(ii) Inspect the hardness of the crosstube by
using the criteria in the table under
Paragraph 3.B.2.c. of ASB 32.08. If the
hardness is not within the value range in the
table, before further flight, replace the
crosstube. If the hardness is within the value
range in the table, apply corrosion protectant
to Area Z in Figure 1 of ASB 32.08.
(iii) Remove the RFM limitation and the
instrument panel placard required by
paragraphs (f)(1)(i) and (f)(1)(ii) of this AD.
(g) Credit for Actions Previously Completed
Compliance with AD 2016–20–04 (81 FR
67904, October 3, 2016) before the effective
date of this AD is considered acceptable for
compliance with this AD.
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(h) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: Matt Fuller,
Senior Aviation Safety Engineer, Safety
Management Group, Rotorcraft Directorate,
FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone (817) 222–5110; email
9-ASW-FTW-AMOC-Requests@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office, before
operating any aircraft complying with this
AD through an AMOC.
(i) Additional Information
(1) Aerospatiale (now Airbus Helicopters)
Flight Manuals SA 341G, Issue 2, dated
December 1974, and SA 342J, Issue 1, dated
April 27, 1976, which are not incorporated
by reference, contain additional information
about the subject of this AD. For service
information identified in this AD, contact
Airbus Helicopters, 2701 N. Forum Drive,
Grand Prairie, TX 75052; telephone (972)
641–0000 or (800) 232–0323; fax (972) 641–
3775; or at https://
www.airbushelicopters.com/techpub. You
may review the referenced service
information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N–321, Fort Worth,
TX 76177.
(2) The subject of this AD is addressed in
European Aviation Safety Agency (EASA) AD
No. 2016–0131–E, dated July 5, 2016. You
may view the EASA AD on the Internet at
https://www.regulations.gov by searching for
and locating it in Docket No. FAA–2017–
0573.
(j) Subject
Joint Aircraft Service Component (JASC)
Code: 3213 Main Landing Gear Strut/Axel/
Truck.
VerDate Sep<11>2014
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(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Airbus Helicopters Alert Service
Bulletin No. SA341/342–32.08, Revision 2,
dated October 18, 2016.
(ii) Reserved.
(3) For Airbus Helicopters service
information identified in this AD, contact
Airbus Helicopters, 2701 N. Forum Drive,
Grand Prairie, TX 75052; telephone (972)
641–0000 or (800) 232–0323; fax (972) 641–
3775; or at https://
www.airbushelicopters.com/website/
technical-expert.
(4) You may view this service information
at FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy.,
Room 6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Fort Worth, Texas, on May 26,
2017.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate,
Aircraft Certification Service.
[FR Doc. 2017–11986 Filed 6–9–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2017–0399]
RIN 1625–AA00
Safety Zone; Delaware River,
Philadelphia, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
multiple fireworks events located at
Penns Landing in Philadelphia,
Pennsylvania for the waters of the
Delaware River, Philadelphia, PA.
Enforcement of this safety zone is
necessary and intended to enhance
safety of life on the navigable waters
immediately prior to, during, and
immediately after these fireworks
events. During the enforcement periods,
SUMMARY:
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no vessel may enter in or transit this
regulated area without approval from
the Captain of the Port or a designated
representative.
DATES: This rule is effective from June
12, 2017, until June 13, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0399 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email MST2 Amanda Boone, U.S. Coast
Guard, Sector Delaware Bay, Waterways
Management Division, Coast Guard;
telephone (215) 271–4814, email
Amanda.N.Boone@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
§ Section
U.S.C. United States Code
COTP Captain of the Port
II. Background Information and
Regulatory History
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 a
notice of proposed rulemaking with
respect to this rule because doing so
would be impracticable and contrary to
the public interest. The final details for
the safety zone were not known until
May 3, 2017, preventing the Coast
Guard from publishing a notice of
proposed rulemaking in the Federal
Register with opportunity for public
comment. Delaying this action to allow
an opportunity for public comment
would be contrary to the rule’s objective
of enhancing safety of life on the
navigable waters and protection of
persons and vessels near the event.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register because doing so
would be impracticable and contrary to
the public interest. Delaying the
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effective date would be contrary to the
rule’s objectives of ensuring safety of
life on the navigable waters and
protection near the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Delaware Bay has
determined that this temporary safety
zone is necessary to provide safety
during the fireworks events, and to
ensure protection of the public.
IV. Discussion of the Rule
On June 12, 2017, and June 13, 2017
fireworks display events will take place
at Penn’s Landing, in Philadelphia, PA.
The Coast Guard is establishing a
temporary safety zone in a portion of the
Delaware River, Philadelphia, PA to
ensure the safety of persons, vessels and
the public during the event. The safety
zone includes all waters of Delaware
River, adjacent to Penns Landing,
Philadelphia, PA, bounded from
shoreline to shoreline, bounded on the
south by a line running east to west
from points along the shoreline
commencing at latitude 39°56′31.2″ N.,
longitude 075°08′28.1″ W.; thence
westward to latitude 39°56′29″.1 N.,
longitude 075°07′56.5″ W., and bounded
on the north by the Benjamin Franklin
Bridge where it crosses the Delaware
River.
Access to this safety zone will be
restricted during the specified date and
time period. Only vessels or persons
specifically authorized by the Captain of
the Port Delaware Bay or designated
representative may enter or remain in
the regulated area. These safety zones
will be enforced on June 12, 2017 and
June 13, 2017 from 8:45 p.m. to 10:30
p.m., each day.
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V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. Executive Order 13771
(‘‘Reducing Regulation and Controlling
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15:07 Jun 09, 2017
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Regulatory Costs’’), directs agencies to
reduce regulation and control regulatory
costs and provides that ‘‘for every one
new regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.’’
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly, it
has not been reviewed by the Office of
Management and Budget.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017 titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
This regulatory action determination
is based on the size, location, and
duration of the safety zone. Vessel
traffic will be unable to transit the safety
zone for the duration of the fireworks
event however; this safety zone will
impact a small designated area of the
Delaware River, in Philadelphia, PA, for
less than 2 hours during the fireworks
event. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners via
VHF–FM marine channel 16 regarding
the safety zone; under the regulation
vessel operators may request permission
to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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
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26847
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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.
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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
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Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Rules and Regulations
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. 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 (42
U.S.C. 4321–4370f), and have
determined that it is one of a category
of actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule
adjusts rates in accordance with
applicable statutory and regulatory
mandates. It is categorically excluded
under section 2.B.2, figure 2–1,
paragraph 34(g) of the Instruction,
which pertains to minor regulatory
changes that are editorial or procedural
in nature. A Record of Environmental
Consideration (REC) supporting this
determination is available in the docket
where indicated in the ADDRESSES
section of this preamble.
G. 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.
List of Subjects in 33 CFR Part 165
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer operating on board a Coast Guard
vessel and or on board another Federal,
State, or local law enforcement vessel
assisting the Captain of the Port,
Delaware Bay in the enforcement of the
safety zone.
(b) Location. The following area is a
security zone: All waters of Delaware
River, adjacent to Penns Landing,
Philadelphia, PA, bounded from
shoreline to shoreline, bounded on the
south by a line running east to west
from points along the shoreline
commencing at latitude 39°56′31.2″ N.,
longitude 075°08′28.1″ W.; thence
westward to latitude 39°56′29″.1 N.,
longitude 075°07′56.5″ W., and bounded
on the north by the Benjamin Franklin
Bridge where it crosses the Delaware
River.
(c) Regulations. (1) The general safety
zone regulations found in § 165.23
apply to the safety zone created by this
temporary section.
(2) Under the general safety zone
regulations in § 165.23, persons may not
enter the safety zone described in
paragraph (b) of this section unless
authorized by the COTP or the COTP’s
designated representative.
(3) To request permission to enter the
safety zone, contact the COTP or the
COTP’s representative on VHF–FM
channel 16. All persons and vessels in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(d) Enforcement period. This section
will be enforced on June 12, 2017, and
June 13, 2017 from 8:45 p.m. to 10:30
p.m., each day.
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:
Dated: June 6, 2017.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
Coast Guard
[FR Doc. 2017–12093 Filed 6–9–17; 8:45 am]
BILLING CODE 9110–04–P
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■
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.
2. Add § 165.T05–0399 to read as
follows:
■
§ 165.T05–0399 Safety Zone; Delaware
River; Philadelphia, PA.
(a) Definitions. As used in this
section, designated representative
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33 CFR Part 165
[Docket Number USCG–2017–0075]
RIN 1625–AA00
Safety Zone; Mill Creek, Hampton, VA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
SUMMARY:
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navigable waters within a 170-yard
radius of the fireworks barge in Mill
Creek, Hampton, VA. The safety zone is
needed to protect persons, vessels, and
the marine environment from potential
hazards associated with fireworks
display. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Hampton Roads.
DATES: This rule is effective from 9 p.m.
through 10 p.m. on July 4, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0075 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LCDR Barbara Wilk, Waterways
Management Division Chief, Sector
Hampton Roads, U.S. Coast Guard;
telephone 757–668–5580, email
HamptonRoadsWaterway@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
impracticable, unnecessary, or contrary
to the public interest. Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it
would be impracticable and contrary to
the public interest to do so as this safety
zone must be established by July 4,
2017, to protect the public from
potential safety hazards associated with
the fireworks display.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Delaying the effective date of this rule
would be contrary to public interest
because a safety zone is needed to
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Agencies
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Rules and Regulations]
[Pages 26846-26848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12093]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2017-0399]
RIN 1625-AA00
Safety Zone; Delaware River, Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
multiple fireworks events located at Penns Landing in Philadelphia,
Pennsylvania for the waters of the Delaware River, Philadelphia, PA.
Enforcement of this safety zone is necessary and intended to enhance
safety of life on the navigable waters immediately prior to, during,
and immediately after these fireworks events. During the enforcement
periods, no vessel may enter in or transit this regulated area without
approval from the Captain of the Port or a designated representative.
DATES: This rule is effective from June 12, 2017, until June 13, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0399 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST2 Amanda Boone, U.S. Coast Guard, Sector Delaware Bay,
Waterways Management Division, Coast Guard; telephone (215) 271-4814,
email Amanda.N.Boone@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec. Section
U.S.C. United States Code
COTP Captain of the Port
II. Background Information and Regulatory History
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 a notice of proposed rulemaking with
respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for the safety zone
were not known until May 3, 2017, preventing the Coast Guard from
publishing a notice of proposed rulemaking in the Federal Register with
opportunity for public comment. Delaying this action to allow an
opportunity for public comment would be contrary to the rule's
objective of enhancing safety of life on the navigable waters and
protection of persons and vessels near the event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register because doing so would be
impracticable and contrary to the public interest. Delaying the
[[Page 26847]]
effective date would be contrary to the rule's objectives of ensuring
safety of life on the navigable waters and protection near the event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Delaware Bay has determined that this
temporary safety zone is necessary to provide safety during the
fireworks events, and to ensure protection of the public.
IV. Discussion of the Rule
On June 12, 2017, and June 13, 2017 fireworks display events will
take place at Penn's Landing, in Philadelphia, PA. The Coast Guard is
establishing a temporary safety zone in a portion of the Delaware
River, Philadelphia, PA to ensure the safety of persons, vessels and
the public during the event. The safety zone includes all waters of
Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded
from shoreline to shoreline, bounded on the south by a line running
east to west from points along the shoreline commencing at latitude
39[deg]56'31.2'' N., longitude 075[deg]08'28.1'' W.; thence westward to
latitude 39[deg]56'29''.1 N., longitude 075[deg]07'56.5'' W., and
bounded on the north by the Benjamin Franklin Bridge where it crosses
the Delaware River.
Access to this safety zone will be restricted during the specified
date and time period. Only vessels or persons specifically authorized
by the Captain of the Port Delaware Bay or designated representative
may enter or remain in the regulated area. These safety zones will be
enforced on June 12, 2017 and June 13, 2017 from 8:45 p.m. to 10:30
p.m., each day.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs''), directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
This rule has not been designated a ``significant regulatory
action,'' under Executive Order 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be
unable to transit the safety zone for the duration of the fireworks
event however; this safety zone will impact a small designated area of
the Delaware River, in Philadelphia, PA, for less than 2 hours during
the fireworks event. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 regarding the safety
zone; under the regulation vessel operators may request permission to
enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
section.
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.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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
[[Page 26848]]
aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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 (42 U.S.C. 4321-4370f), and have determined that it
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule adjusts rates in accordance with applicable statutory and
regulatory mandates. It is categorically excluded under section 2.B.2,
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor
regulatory changes that are editorial or procedural in nature. A Record
of Environmental Consideration (REC) supporting this determination is
available in the docket where indicated in the ADDRESSES section of
this preamble.
G. 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.
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, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0399 to read as follows:
Sec. 165.T05-0399 Safety Zone; Delaware River; Philadelphia, PA.
(a) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer operating on board a Coast
Guard vessel and or on board another Federal, State, or local law
enforcement vessel assisting the Captain of the Port, Delaware Bay in
the enforcement of the safety zone.
(b) Location. The following area is a security zone: All waters of
Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded
from shoreline to shoreline, bounded on the south by a line running
east to west from points along the shoreline commencing at latitude
39[deg]56'31.2'' N., longitude 075[deg]08'28.1'' W.; thence westward to
latitude 39[deg]56'29''.1 N., longitude 075[deg]07'56.5'' W., and
bounded on the north by the Benjamin Franklin Bridge where it crosses
the Delaware River.
(c) Regulations. (1) The general safety zone regulations found in
Sec. 165.23 apply to the safety zone created by this temporary
section.
(2) Under the general safety zone regulations in Sec. 165.23,
persons may not enter the safety zone described in paragraph (b) of
this section unless authorized by the COTP or the COTP's designated
representative.
(3) To request permission to enter the safety zone, contact the
COTP or the COTP's representative on VHF-FM channel 16. All persons and
vessels in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement period. This section will be enforced on June 12,
2017, and June 13, 2017 from 8:45 p.m. to 10:30 p.m., each day.
Dated: June 6, 2017.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-12093 Filed 6-9-17; 8:45 am]
BILLING CODE 9110-04-P