Safety Zone; Fireworks, Delaware River, Philadelphia, PA, 19189-19191 [2018-09233]
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Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules
daltland on DSKBBV9HB2PROD with PROPOSALS
Bank’s General Fund and any Bank
Targeted Funds, in the calculation of
whether the Bank achieved the
regulatory outcome requirement. That
is, the Bank’s awards under its General
Fund and any Targeted Funds and
Homeownership Set-Aside Programs
would be included in the numerator,
and the Bank’s required annual AHP
contribution amount would be included
in the denominator of the calculation.
Accordingly, in the proposed rule FR
Doc. 2018–04745, on page 11386, in the
issue of March 14, 2018, in the left
column, in paragraph (d) of § 1291.48,
the correction should correctly read:
‘‘Each year, each Bank shall ensure that
at least 55 percent of the Bank’s
required annual AHP contribution is
awarded under the Bank’s General Fund
and any Bank Targeted Funds and
Homeownership Set-Aside Programs to
projects or households, as applicable,
that, in the aggregate, meet at least two
of the three regulatory priorities in this
paragraph . . . .’’ (emphasis added) If
the corrected language is adopted in a
final rule, FHFA will also make any
other conforming revisions to the rule
text as necessitated by the correction.
FHFA specifically requests comments
on whether the calculation, as corrected,
would provide the Banks sufficient
flexibility to provide AHP funds to the
housing needs in their districts. FHFA
further requests comments on whether
other changes to the outcome
calculation would be appropriate, such
as decreasing the percentage of the
Bank’s annual AHP contribution
required to meet the regulatory
priorities to less than 55 percent,
provided that at least a majority of the
Bank’s annual AHP contribution is
awarded to certain regulatory priorities
established by FHFA.1 FHFA also
requests comments on whether adding a
regulatory priority that is specifically
focused on homeownership would
increase opportunities for the Banks to
include awards made in their
Homeownership Set-Aside Programs
towards meeting the regulatory
priorities.
Extension of Comment Period
The comment period for the proposed
rule was originally set to expire on May
14, 2018. FHFA has received a number
of requests from commenters for an
extension of the comment period of
varying lengths, with commenters citing
the complexity and length of the
proposed rule, the important issues
addressed, and the high level of interest.
1 The Federal Home Loan Bank Act requires
FHFA to establish priorities for the use of the AHP
funds. 12 U.S.C. 1430(j)(9)(B).
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In light of these requests, and FHFA’s
additional request for comment on the
correction to the proposed outcome
requirement calculation, FHFA is
extending the comment period by an
additional 30 days. This will result in a
total comment period on the proposed
rule of 90 days, expiring June 12, 2018.
Dated: April 26, 2018.
Melvin L. Watt,
Director, Federal Housing Finance Agency.
[FR Doc. 2018–09326 Filed 5–1–18; 8:45 am]
BILLING CODE 8070–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0286]
RIN 1625–AA00
Safety Zone; Fireworks, Delaware
River, Philadelphia, PA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for
multiple fireworks events launched in
the vicinity of Penn’s Landing,
Philadelphia, Pennsylvania, for waters
of the Delaware River, Philadelphia, PA.
Establishment of this safety zone is
necessary to enhance safety of life on
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 Delaware Bay or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 9, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0286 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email Petty Officer
Edmund Ofalt, U.S. Coast Guard, Sector
Delaware Bay, Waterways Management
Division, Coast Guard; telephone (215)
FOR FURTHER INFORMATION CONTACT:
PO 00000
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19189
271–4814, email Edmund.J.Ofalt@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On March 1, 2018, the Coast Guard
was notified of fireworks events
planned for May 24, 25, 26, and 27,
2018. Hazards from fireworks displays
include accidental discharge, dangerous
projectiles and falling hot embers or
other debris. The COTP Delaware Bay
has determined that a temporary safety
zone is necessary to provide safety on
the navigable waters of the Delaware
River during these fireworks events, and
to enhance safety of the public,
spectators, and vessels.
The purpose of this rulemaking is to
ensure the safety of vessels and
navigable waters immediately prior to,
during, and immediately after these
fireworks events. The Coast Guard is
issuing this rule under authority in 33
U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP Delaware Bay proposes to
establish a safety zone on the Delaware
River adjacent to Penns Landing in
Philadelphia, PA, May 24, 2018,
through May 27, 2018. The safety zone
will be enforced from approximately 8
p.m. to 11 p.m. on nights on which
fireworks are being displayed from a
barge in the Delaware River. These
fireworks displays may be held on May
24th, 25th, 26th, and 27th, or on only
some of these dates. Notification of
enforcement dates and times will be
published in the Coast Guard District 5
Local Notice to Mariners and broadcast
via Broadcast Notice to Mariners. The
safety zone will include all navigable
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 connecting 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
southern edge of the Benjamin Franklin
Bridge where it crosses the Delaware
River.
Access to this safety zone will be
restricted during the specified
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Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules
enforcement dates and time periods.
Vessels may not take on bunkers or
conduct lightering operations inside the
zone during times of enforcement. Only
vessels or persons specifically
authorized by the COTP Delaware Bay
or designated representative may enter
or remain in the regulated area.
Requests to enter or remain in the zone
will be required to be submitted to the
COTP Delaware Bay, or his designated
representative via VHF–FM channel 16
or 217–271–4807. Vessels engaged in
law enforcement, servicing of aids to
navigation, and emergency response
will be exempt from these requirements.
The regulatory text we are proposing
can be found at the end of this
document.
daltland on DSKBBV9HB2PROD with PROPOSALS
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes 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 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, duration
and time of day of the safety zone. The
proposed safety zone will impact waters
affected by this rule on May 24, 25, 26,
and 27, 2018 from 8 p.m. to 11 p.m.
During this time of day commercial and
recreational traffic is normally low.
Notifications of enforcement dates and
times will be made to the maritime
community via Broadcast Notice to
Mariners and Local Notice to Mariners
so that plans may be adjusted
accordingly. Notifications will be
updated as necessary, to keep the
maritime community informed of the
status of the safety 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
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the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would 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 IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a 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 proposed 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 proposed rule does not have
tribal implications under Executive
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01 and
Commandant Instruction M16475.1D,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a safety zone that will only be
enforced for a short duration and
excludes vessels from entry into or
remaining within a specified area on the
Delaware River. Normally such actions
are categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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
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Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://www.
regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
daltland on DSKBBV9HB2PROD with PROPOSALS
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0286 to read as
follows:
■
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Jkt 244001
§ 165.T05–0286 Safety Zone; Safety Zone;
Fireworks, Delaware River, Philadelphia PA.
(a) Location. The following area is a
safety zone: All navigable waters of
Delaware River, adjacent to Penn’s
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. These coordinates are based on
the 1984 World Geodedic System (WGS
84).
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port, Delaware Bay in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s representative via VHF–FM
channel 16 or 215–271–4807. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) No vessel may take on bunkers or
conduct lightering operations within the
safety zone during its enforcement
period(s).
(4) This section applies to all vessels
except those engaged in law
enforcement, aids to navigation
servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
(e) Enforcement period. This zone
will be enforced from approximately 8
p.m. to 11 p.m. on nights on which
fireworks are being displayed from a
barge beginning May 24 through May
27, 2018. Starting and ending times for
the enforcement of the safety zone will
be broadcast via Broadcast Notice to
Mariners and published in the weekly
Local Notice to Mariners.
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19191
Dated: April 26, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2018–09233 Filed 5–1–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2017–0745; FRL–9977–
43—Region 10]
Air Plan Approval; Alaska; Interstate
Transport Requirements for the 2012
PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Clean Air Act (CAA)
requires each State Implementation Plan
(SIP) to contain adequate provisions
prohibiting emissions that will have
certain adverse air quality effects in
other states. On March 10, 2016, the
State of Alaska made a submission to
the Environmental Protection Agency
(EPA) to address these requirements.
The EPA is proposing to approve the
submission as meeting the requirement
that each SIP contain adequate
provisions to prohibit emissions that
will contribute significantly to
nonattainment or interfere with
maintenance of the 2012 annual fine
particulate matter (PM2.5) National
Ambient Air Quality Standard
(NAAQS).
SUMMARY:
Comments must be received on
or before June 1, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2017–0745 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information the disclosure of which is
restricted by statute. 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
DATES:
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]]>Agencies
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Proposed Rules]
[Pages 19189-19191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09233]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0286]
RIN 1625-AA00
Safety Zone; Fireworks, Delaware River, Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for multiple fireworks events launched in the vicinity of Penn's
Landing, Philadelphia, Pennsylvania, for waters of the Delaware River,
Philadelphia, PA. Establishment of this safety zone is necessary to
enhance safety of life on 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 Delaware Bay or a
designated representative. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 9, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0286 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Edmund Ofalt, U.S.
Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast
Guard; telephone (215) 271-4814, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On March 1, 2018, the Coast Guard was notified of fireworks events
planned for May 24, 25, 26, and 27, 2018. Hazards from fireworks
displays include accidental discharge, dangerous projectiles and
falling hot embers or other debris. The COTP Delaware Bay has
determined that a temporary safety zone is necessary to provide safety
on the navigable waters of the Delaware River during these fireworks
events, and to enhance safety of the public, spectators, and vessels.
The purpose of this rulemaking is to ensure the safety of vessels
and navigable waters immediately prior to, during, and immediately
after these fireworks events. The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP Delaware Bay proposes to establish a safety zone on the
Delaware River adjacent to Penns Landing in Philadelphia, PA, May 24,
2018, through May 27, 2018. The safety zone will be enforced from
approximately 8 p.m. to 11 p.m. on nights on which fireworks are being
displayed from a barge in the Delaware River. These fireworks displays
may be held on May 24th, 25th, 26th, and 27th, or on only some of these
dates. Notification of enforcement dates and times will be published in
the Coast Guard District 5 Local Notice to Mariners and broadcast via
Broadcast Notice to Mariners. The safety zone will include all
navigable 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
connecting 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 southern edge of
the Benjamin Franklin Bridge where it crosses the Delaware River.
Access to this safety zone will be restricted during the specified
[[Page 19190]]
enforcement dates and time periods. Vessels may not take on bunkers or
conduct lightering operations inside the zone during times of
enforcement. Only vessels or persons specifically authorized by the
COTP Delaware Bay or designated representative may enter or remain in
the regulated area. Requests to enter or remain in the zone will be
required to be submitted to the COTP Delaware Bay, or his designated
representative via VHF-FM channel 16 or 217-271-4807. Vessels engaged
in law enforcement, servicing of aids to navigation, and emergency
response will be exempt from these requirements.
The regulatory text we are proposing can be found at the end of
this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes 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 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, duration and time of day of the safety zone. The proposed
safety zone will impact waters affected by this rule on May 24, 25, 26,
and 27, 2018 from 8 p.m. to 11 p.m. During this time of day commercial
and recreational traffic is normally low. Notifications of enforcement
dates and times will be made to the maritime community via Broadcast
Notice to Mariners and Local Notice to Mariners so that plans may be
adjusted accordingly. Notifications will be updated as necessary, to
keep the maritime community informed of the status of the safety 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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This proposed rule involves a safety zone that will only
be enforced for a short duration and excludes vessels from entry into
or remaining within a specified area on the Delaware River. Normally
such actions are categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A preliminary Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.
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
[[Page 19191]]
coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places, or
vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0286 to read as follows:
Sec. 165.T05-0286 Safety Zone; Safety Zone; Fireworks, Delaware
River, Philadelphia PA.
(a) Location. The following area is a safety zone: All navigable
waters of Delaware River, adjacent to Penn's 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. These coordinates are based on the 1984
World Geodedic System (WGS 84).
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer on board a Coast Guard vessel
or on board a federal, state, or local law enforcement vessel assisting
the Captain of the Port, Delaware Bay in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter or remain in the zone, contact the
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(3) No vessel may take on bunkers or conduct lightering operations
within the safety zone during its enforcement period(s).
(4) This section applies to all vessels except those engaged in law
enforcement, aids to navigation servicing, and emergency response
operations.
(d) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the safety zone by Federal, State, and local
agencies.
(e) Enforcement period. This zone will be enforced from
approximately 8 p.m. to 11 p.m. on nights on which fireworks are being
displayed from a barge beginning May 24 through May 27, 2018. Starting
and ending times for the enforcement of the safety zone will be
broadcast via Broadcast Notice to Mariners and published in the weekly
Local Notice to Mariners.
Dated: April 26, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-09233 Filed 5-1-18; 8:45 am]
BILLING CODE 9110-04-P
