Safety Zone; Fireworks, Delaware River, Philadelphia, PA, 24024-24026 [2018-11082]
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24024
Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
TABLE—DATES AND DURATIONS IN 2018 FOR EVENTS LISTED IN 33 CFR 165.1315 AND THE LOCATION OF THESE
EVENTS WITHIN THE SECTOR COLUMBIA RIVER CAPTAIN OF THE PORT ZONE—Continued
Event name
(typically)
Event location
Newport 4th of July ......................................................................
Cedco Inc./The Mill Casino Independence Day ..........................
Waldport 4th of July .....................................................................
Westport 4th of July .....................................................................
Bandon 4th of July .......................................................................
Garibaldi Days Fireworks .............................................................
Bald Eagle Days ..........................................................................
Newport, OR ...................
North Bend, OR ..............
Waldport, OR ..................
Westport, WA .................
Bandon, OR ....................
Garibaldi, OR ..................
Cathlamet, WA ...............
All coordinates are listed in reference
Datum NAD 1983.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of these enforcement
periods via the Local Notice to
Mariners.
Dated: May 2, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Sector Columbia River.
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.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing 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.
DATES: This rule is effective from May
24, 2018 through May 27, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0286 in the ‘‘SEARCH’’ box and click
sradovich on DSK3GMQ082PROD with RULES
VerDate Sep<11>2014
18:07 May 23, 2018
Jkt 244001
4, 2018, 10 p.m. to 10:30 p.m ....
3, 2018, 10 p.m. to 10:30 p.m ....
3, 2018, 10 p.m. to 10:30 p.m ....
4, 2018, 10 p.m. to 11 p.m .........
4, 2018, 10 p.m. to 10:30 p.m ....
28, 2018, 10 p.m. to 10:30 p.m ..
21, 2018, 10 p.m. to 10:30 p.m ..
‘‘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 Petty Officer Edmund Ofalt, U.S.
Coast Guard, Sector Delaware Bay,
Waterways Management Division, Coast
Guard; telephone (215) 271–4814, email
Edmund.J.Ofalt@uscg.mil.
SUPPLEMENTARY INFORMATION:
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
BILLING CODE 9110–04–P
SUMMARY:
July
July
July
July
July
July
July
I. Table of Abbreviations
[FR Doc. 2018–11076 Filed 5–23–18; 8:45 am]
ACTION:
Date and duration of event
II. Background Information and
Regulatory History
On March 1, 2018, the Coast Guard
was notified of fireworks events
planned for May 24, 25, 26, and 27,
2018. In response, on May 2, 2018, the
Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Fireworks, Delaware River,
Philadelphia, PA (83 FR 19189). There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to this
fireworks display. During the comment
period that ended May 9, 2018, we
received no comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because the safety zone needs to be
established prior to May 24, 2018.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
COTP Delaware Bay has determined
that potential hazards associated with
the fireworks to be used in fireworks
displays from May 24 through May 27,
2018 will be a safety concern for anyone
within the area defined later in this
document. The purpose of this rule is to
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Latitude
44°37′40″
43°23′42″
44°25′31″
46°54′17″
43°07′29″
45°33′13″
46°12′14″
Longitude
N
N
N
N
N
N
N
124°02′45″
124°12′55″
124°04′44″
124°05′59″
124°25′05″
123°54′56″
123°23′17″
W
W
W
W
W
W
W
ensure safety of vessels and the
navigable waters in the safety zone
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published May
2, 2018. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes 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
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
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or 217–271–4807. Vessels engaged in
law enforcement, servicing of aids to
navigation, and emergency response
will be exempt from these requirements.
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.
sradovich on DSK3GMQ082PROD with RULES
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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule 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 received no comments
from the Small Business Administration
on this rulemaking. 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.
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Jkt 244001
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 will 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 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
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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.
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 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
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
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves 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. It
is 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
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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 proposes to
amend 33 CFR part 165 as follows:
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Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
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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§ 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
VerDate Sep<11>2014
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Jkt 244001
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: May 18, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2018–11082 Filed 5–23–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0444]
RIN 1625–AA00
Safety Zone; Laguna Madre, South
Padre Island, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain navigable waters of Laguna
Madre, South Padre Island, TX. This
safety zone is necessary to protect
personnel, vessels, and the marine
environment from potential hazards
associated with firework displays. Entry
of vessels or persons into this zone is
prohibited unless authorized by the
Captain of the Port Sector Corpus
Christi or a designated representative.
DATES: This rule is effective from 8:45
p.m. on May 25, 2018, through 9:45 p.m.
on September 2, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0444 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 Petty Officer Kevin Kyles, Sector
Corpus Christi Waterways Management
Division, U.S. Coast Guard; telephone
361–939–5125, email Kevin.L.Kyles@
uscg.mil.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus
Christi
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Fmt 4700
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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)(3)(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. This safety
zone must be established by May 25,
2018 and we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing this rule. The NPRM
process would delay the establishment
of the safety zone until after the
scheduled date of the fireworks and
compromise public safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is necessary to ensure
the safety of vessels, persons, and
marine environment during the
fireworks display.
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 Sector Corpus
Christi (COTP) has determined that
potential hazards associated with the
fireworks display occurring on May 25,
2018 through September 2, 2018 will be
a safety concern for anyone within a
1000-foot radius of the fireworks
display. This rule is necessary to protect
personnel, vessels, and the marine
environment before, during, and after
the scheduled firework displays.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:45 p.m. on May 25, 2018 through
9:45 p.m. on September 2, 2018. It will
be enforced from 8:45 p.m. through 9:45
p.m. each day on May 25, 27; June 1, 7,
8, 14, 15, 21, 22, 28, 29; July 4, 5, 6, 12,
13, 19, 20, 26, 27; August 2, 3, 9, 10, 17,
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Agencies
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Rules and Regulations]
[Pages 24024-24026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11082]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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.
DATES: This rule is effective from May 24, 2018 through May 27, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0286 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 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 Information and Regulatory History
On March 1, 2018, the Coast Guard was notified of fireworks events
planned for May 24, 25, 26, and 27, 2018. In response, on May 2, 2018,
the Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Fireworks, Delaware River, Philadelphia, PA (83 FR 19189).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this fireworks display. During
the comment period that ended May 9, 2018, we received no comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because the safety zone needs to be
established prior to May 24, 2018.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP Delaware Bay has determined that potential hazards
associated with the fireworks to be used in fireworks displays from May
24 through May 27, 2018 will be a safety concern for anyone within the
area defined later in this document. The purpose of this rule is to
ensure safety of vessels and the navigable waters in the safety zone
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
2, 2018. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes 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
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
[[Page 24025]]
or 217-271-4807. Vessels engaged in law enforcement, servicing of aids
to navigation, and emergency response will be exempt from these
requirements.
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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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 received no comments from the Small Business
Administration on this rulemaking. 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 will 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 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.
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 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
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 determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
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. It is 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 Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
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 proposes
to amend 33 CFR part 165 as follows:
[[Page 24026]]
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: May 18, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-11082 Filed 5-23-18; 8:45 am]
BILLING CODE 9110-04-P