Safety Zone for Marine Events, Delaware River; Philadelphia, PA, 23242-23244 [2018-10661]
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Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Proposed Rules
Scotts-Bell 47 Inc. (Type Certificate
Previously Held by Bell Helicopter
Textron Inc.): Docket No. FAA–2018–
0440; Product Identifier 2016–SW–077–
AD.
(a) Applicability
This AD applies to Scotts-Bell 47 Inc.
(Scotts-Bell) Model 47, 47B, 47B3, 47D,
47D1, 47E, 47G, 47G–2, 47G–2A, 47G–2A–1,
47G–3, 47G–3B, 47G–3B–1, 47G–3B–2, 47G–
3B–2A, 47G–4, 47G–4A, 47G–5, 47G–5A,
47H–1, 47J, 47J–2, 47J–2A, and 47K
helicopters, certificated in any category, with
a Marvel Schebler Model MA–3, MA–3A,
MA3–PA, MA–3SPA, MA4–SPA, MA4–5,
MA4–5AA, MA–5, MA–5AA, MA–6AA, or
HA–6 carburetor installed.
(b) Unsafe Condition
This AD defines the unsafe condition as
separation of the throttle linkage from an
engine carburetor shaft. This condition could
result in loss of throttle control and
subsequent forced landing of the helicopter.
(c) Comments Due Date
We must receive comments by July 17,
2018.
sradovich on DSK3GMQ082PROD with PROPOSALS
(d) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(e) Required Actions
(1) Before further flight, inspect the throttle
linkage connection at the engine carburetor
for security: Determine whether the throttle
linkage is securely attached to the serrated
shaft of the carburetor, inspect the throttle
linkage clamp screw for broken or missing
safety wire, and determine whether safety
wire captures the throttle linkage and
carburetor stop arm.
(i) If there is any looseness, axial
movement, or movement between the
serrated shaft and the throttle linkage; if a
throttle linkage clamp screw is loose; if any
safety wire is broken or missing; or if safety
wire does not capture the throttle linkage and
carburetor stop arm, before further flight,
adjust and secure the throttle linkage as
required by paragraph (e)(3)(i) and (e)(3)(ii) of
this AD.
(ii) If there is no looseness, axial
movement, or movement between the
serrated shaft and the throttle linkage; no
throttle linkage clamp screws are loose; no
safety wire is broken or missing; and safety
wire captures the throttle linkage and
carburetor stop arm, before further flight,
apply anti-sabotage lacquer (Torque-Seal or
equivalent) between the throttle arm and the
serrated shaft and between the self-locking
nut and the throttle arm.
(2) Before the first flight of each day:
(i) Check the throttle linkage-carburetor
attachment for broken or missing safety wire
and for missing or fractured anti-sabotage
lacquer. The actions required by this
paragraph may be performed by the owner/
operator (pilot) holding at least a private pilot
certificate, and must be entered into the
aircraft records showing compliance with
this AD in accordance with 14 CFR 43.9
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16:02 May 17, 2018
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(a)(1) through (4) and 14 CFR 91.417(a)(2)(v).
The record must be maintained as required
by 14 CFR 91.417, 121.380, or 135.439.
(ii) If the safety wire is missing or broken
or if the anti-sabotage lacquer is missing or
fractured, before further flight, adjust and
secure the throttle linkage as described in
paragraph (e)(3)(i) and (e)(3)(ii) of this AD.
(3) Within 100 hours time-in-service or at
the next annual or 100-hour inspection,
whichever occurs first, and thereafter at each
annual or 100-hour inspection, whichever
occurs first:
(i) Adjust and secure the throttle linkage as
specified in Appendix 1 of the Scotts-Bell
Maintenance and Overhaul Instructions
Temporary Revision that is applicable to
your helicopter, as listed in Table 1 of ScottsBell Alert Service Bulletin 47–15–27 R1,
dated November 1, 2016.
(ii) For Model 47, 47B, 47B3, 47D, 47E, and
47K helicopters, adjust and secure the
throttle linkage using a method approved by
the Manager, Chicago ACO Branch. For a
repair method to be approved as required by
this AD, the Manager’s approval letter must
specifically refer to this AD.
(f) Special Flight Permits
Special flight permits are prohibited.
(g) Alternative Methods of Compliance
(1) The Manager, Chicago ACO Branch,
FAA, may approve AMOCs for this AD. Send
your proposal to: Shawn Malekpour,
Aviation Safety Engineer, Chicago ACO
Branch, Compliance & Airworthiness
Division, FAA, 2300 East Devon Ave., Des
Plaines, Illinois 60018; telephone (847) 294–
7834; email shawn.malekpour@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.
(h) Additional Information
For service information identified in this
AD, contact Scott’s-Bell 47, Inc., 100
Minnesota Ave., Le Sueur, MN 56058;
telephone (507) 665–0035; email info@
scottsbell47.com. You may review a copy of
this referenced service information at the
FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy,
Room 6N–321, Fort Worth, TX 76177.
(i) Subject
Joint Aircraft Service Component (JASC)
Code: 7322 Engine Controls.
Issued in Fort Worth, Texas, on May 9,
2018.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2018–10585 Filed 5–17–18; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0373]
RIN 1625–AA00
Safety Zone for Marine Events,
Delaware River; Philadelphia, PA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
waters of the Delaware River in
Philadelphia, Pennsylvania. The
regulation would restrict vessel traffic
on a portion of the Delaware River from
operating during a fireworks display on
June 13, 2018, from 9:00 p.m. until
10:00 p.m. During the enforcement
periods, no vessel would be allowed to
enter in or transit this regulated area
without approval from the Captain of
the Port 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 June 4, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0373 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 rule, call
or email MST1 Edmund Ofalt, U.S.
Coast Guard, Sector Delaware Bay,
Waterways Management Division,
telephone (215) 271–4889, email
Edmund.J.Ofalt@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
COT 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 April 14, 2018, the Delaware River
Waterfront Corporation notified the
Coast Guard that it will be conducting
a fireworks display from 9:00 p.m. to
10:00 p.m. on June 13, 2018. The
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Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Proposed Rules
fireworks will be launched from a barge
in the Delaware River off Penn’s
Landing in Philadelphia. Potential
hazards from fireworks display include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The Captain of
the Port Delaware Bay (COTP) has
determined that these potential hazards
pose a safety concern.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters before, during, and
after the scheduled event. The Coast
Guard proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Captain of the Port, Delaware
Bay, proposes the establishment of a
safety zone on 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 navigable waters of the
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. The safety zone will be effective
and enforced from 9:00 p.m. to 10:00
p.m. on June 13, 2018. No vessel or
person would be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative. The
regulatory text we are proposing appears
at the end of this document.
sradovich on DSK3GMQ082PROD 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
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16:02 May 17, 2018
Jkt 244001
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, and
duration of the safety zone. Vessel
traffic will be unable to transit the safety
zone for the duration of the fireworks
display. However, this safety zone will
only impact a small designated area of
the Delaware River, in Philadelphia, PA,
for one hour. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners
via VHF–FM marine channel 16
regarding the safety zone. Vessel
operators may request permission to
enter the zone before and after the
fireworks display while the rule is in
effect.
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 rule will not have a significant
economic impact on any vessel owner
or operator.
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 Delaware River in the
vicinity of Philadelphia, from 9:00 p.m.
until 10:00 p.m. on June 13, 2018.
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.
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23243
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
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Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Proposed Rules
involves a safety zone lasting for one
hour that would prohibit entry portions
of the Delaware River to promote public
and maritime safety during a fireworks
display. 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. 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
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
sradovich on DSK3GMQ082PROD with PROPOSALS
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.
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16:02 May 17, 2018
Jkt 244001
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
Dated: May 15, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware.
[FR Doc. 2018–10661 Filed 5–17–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
■
1. The authority citation for part 165
continues to read as follows:
[EPA–R06–OAR–2017–0052; FRL–9977–89–
Region 6]
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.
Approval and Promulgation of
Implementation Plans; Oklahoma;
Interstate Transport Requirements for
the 2012 PM2.5 NAAQS
2. Add § 165.T05–0373 to read as
follows:
AGENCY:
■
§ 165.T05–0373 Safety Zone; Delaware
River; Philadelphia, PA.
(a) Location. The following area is a
safety zone: 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
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.
(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 request permission to enter the
safety zone, contact the COTP or the
COTP’s representative on marine band
radio VHF–FM channel 16 (156.8 MHz)
or 215–271–4807. 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 from 9:00 p.m. to
10:00 p.m. on June 13, 2018.
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Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
Pursuant to the Federal Clean
Air Act (CAA or Act), the
Environmental Protection Agency (EPA)
is proposing to approve portions of the
Oklahoma State Implementation Plan
(SIP) submittal addressing the CAA
requirement that SIPs address the
potential for interstate transport of air
pollution to significantly contribute to
nonattainment or interfere with
maintenance of the 2012 fine particulate
matter (PM2.5) National Ambient Air
Quality Standards (NAAQS) in other
states. EPA is proposing to determine
that emissions from Oklahoma sources
do not contribute significantly to
nonattainment in, or interfere with
maintenance by, any other state with
regard to the 2012 PM2.5 NAAQS.
DATES: Written comments must be
received on or before June 18, 2018.
ADDRESSES: Submit your comments,
identified by Docket Number EPA–R06–
OAR–2017–0052, at https://
www.regulations.gov or via email to
fuerst.sherry@epa.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 whose disclosure 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
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Proposed Rules]
[Pages 23242-23244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10661]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0373]
RIN 1625-AA00
Safety Zone for Marine Events, Delaware River; Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of the Delaware River in Philadelphia, Pennsylvania. The
regulation would restrict vessel traffic on a portion of the Delaware
River from operating during a fireworks display on June 13, 2018, from
9:00 p.m. until 10:00 p.m. During the enforcement periods, no vessel
would be allowed to enter in or transit this regulated area without
approval from the Captain of the Port 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 June 4, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0373 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 rule,
call or email MST1 Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay,
Waterways Management Division, telephone (215) 271-4889, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COT 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 April 14, 2018, the Delaware River Waterfront Corporation
notified the Coast Guard that it will be conducting a fireworks display
from 9:00 p.m. to 10:00 p.m. on June 13, 2018. The
[[Page 23243]]
fireworks will be launched from a barge in the Delaware River off
Penn's Landing in Philadelphia. Potential hazards from fireworks
display include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The Captain of the
Port Delaware Bay (COTP) has determined that these potential hazards
pose a safety concern.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters before, during, and after the scheduled event.
The Coast Guard proposes this rulemaking under authority in 33 U.S.C.
1231.
III. Discussion of Proposed Rule
The Captain of the Port, Delaware Bay, proposes the establishment
of a safety zone on 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 navigable waters of the 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. The safety zone will be effective and enforced from
9:00 p.m. to 10:00 p.m. on June 13, 2018. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears 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, and duration of the safety zone. Vessel traffic will be
unable to transit the safety zone for the duration of the fireworks
display. However, this safety zone will only impact a small designated
area of the Delaware River, in Philadelphia, PA, for one hour.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 regarding the safety zone. Vessel operators
may request permission to enter the zone before and after the fireworks
display while the rule is in effect.
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 rule will not have a significant economic impact on
any vessel owner or operator.
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 Delaware River in the vicinity of
Philadelphia, from 9:00 p.m. until 10:00 p.m. on June 13, 2018.
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
[[Page 23244]]
involves a safety zone lasting for one hour that would prohibit entry
portions of the Delaware River to promote public and maritime safety
during a fireworks display. 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. 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 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.T05-0373 to read as follows:
Sec. 165.T05-0373 Safety Zone; Delaware River; Philadelphia, PA.
(a) Location. The following area is a safety zone: 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 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.
(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 request permission to enter the safety zone, contact the
COTP or the COTP's representative on marine band radio VHF-FM channel
16 (156.8 MHz) or 215-271-4807. 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 from 9:00
p.m. to 10:00 p.m. on June 13, 2018.
Dated: May 15, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware.
[FR Doc. 2018-10661 Filed 5-17-18; 8:45 am]
BILLING CODE 9110-04-P
