Safety Zone; Delaware River; Penn's Landing; Philadelphia, PA; Fireworks Display, 39937-39939 [2018-17333]
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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Proposed Rules
PART 140—ORGANIZATION,
FUNCTIONS, AND PROCEDURES OF
THE COMMISSION
6. The authority citation for part 140
continues to read as follows:
■
Authority: 7 U.S.C. 2(a)(12), 12a, 13(c),
13(d), 13(e), and 16(b).
7. Amend § 140.94 as follows:
a. Revise the introductory text of
paragraph (c);
■ b. Redesignate paragraphs (c)(4)
through (c)(13) as paragraphs (c)(5)
through (c)(14); and
■ c. Add new paragraph (c)(4).
The revisions and additions read as
follows:
■
■
§ 140.94 Delegation of authority to the
Director of the Division of Swap Dealer and
Intermediary Oversight and the Director of
the Division of Clearing and Risk.
*
*
*
*
*
(c) The Commission hereby delegates,
until such time as the Commission
orders otherwise, the following
functions to the Director of the Division
of Clearing and Risk and to such
members of the Commission’s staff
acting under his or her direction as he
or she may designate from time to time:
*
*
*
*
*
(4) All functions reserved to the
Commission in § 39.6 of this chapter,
except for the authority to:
(i) Grant an exemption under § 39.6(a)
of this chapter;
(ii) Prescribe conditions to an
exemption under § 39.6(b) of this
chapter;
(iii) Modify an exemption under
§ 39.6(f) of this chapter; and
(iv) Terminate an exemption under
§ 39.6(g)(3) of this chapter.
*
*
*
*
*
Issued in Washington, DC, on August 8,
2018, by the Commission.
Christopher Kirkpatrick,
Secretary of the Commission.
Note: The following appendices will not
appear in the Code of Federal Regulations.
Appendices to Exemption From
Derivatives Clearing Organization
Registration—Commission Voting
Summary and Chairman’s Statement
sradovich on DSK3GMQ082PROD with PROPOSALS
Appendix 1—Commission Voting
Summary
On this matter, Chairman Giancarlo and
Commissioners Quintenz and Behnam voted
in the affirmative. No Commissioner voted in
the negative.
what has been an internal process public and
transparent. Under the Commodity Exchange
Act (CEA), the Commission may
conditionally or unconditionally exempt a
derivatives clearing organization (DCO) from
registration for the clearing of swaps if the
Commission determines that the clearing
organization is subject to ‘‘comparable,
comprehensive supervision and regulation’’
by appropriate government authorities in the
clearing organization’s home country.
Pursuant to this authority, the Commission
has exempted four non-U.S. clearing
organizations from DCO registration.
The Commission is proposing to adopt
regulations that would codify the policies
and procedures that the Commission is
currently following with respect to granting
exemptions from DCO registration. The
proposed regulations are consistent with the
policies and procedures that the Commission
is currently following, and with the terms
and conditions that the Commission has
imposed on each of the clearing
organizations to which it has previously
issued orders of exemption.
The exempt DCO process applies a
comparable, outcomes-based approach to
reflect the Commission’s recognition that a
foreign jurisdiction may have different
regulations for its central counterparties
(CCP) but share the same regulatory goals.
Under the proposal, for CCPs in foreign
jurisdictions, a framework that conforms to
the Committee on Payments and Market
Infrastructures (CPMI) and the International
Organization of Securities Commissions
(IOSCO) Principles for Financial Market
Infrastructures (PFMI) would be deemed
comparable to the CFTC’s requirements for
domestic CCPs.
The proposal is part of the Commission’s
continued efforts to foster cross-border
cooperation and show deference to home
country regulation that is deemed
comparable to the Commission’s regulations.
As our regulatory counterparts continue to
implement swaps reforms in their markets, it
is critical that the Commission endeavor to
ensure that its rules do not unnecessarily
conflict and fragment the global marketplace.
For this reason, the Commission should
operate on the basis of comity, not
uniformity, with non-U.S. regulators. This
avoids the untenable state of overlapping and
duplicative regulations. The current proposal
reflects this vision.
I support this proposed rule from the
Division of Clearing and Risk (DCR). I look
forward to hearing comments on the
proposal.
[FR Doc. 2018–17335 Filed 8–10–18; 8:45 am]
BILLING CODE 6351–01–P
This proposal is part of Project KISS’s
simple and straightforward efforts to make
17:58 Aug 10, 2018
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0723]
RIN 1625–AA00
Safety Zone; Delaware River; Penn’s
Landing; Philadelphia, PA; Fireworks
Display
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on a
portion of the Delaware River in
Philadelphia, PA. This action is
necessary to protect the surrounding
public and vessels on these navigable
waters adjacent to Penn’s Landing,
Philadelphia, PA, during a fireworks
display on September 16, 2018. This
proposed rulemaking would prohibit
persons and vessels from entering,
transiting, or remaining within the
safety zone unless authorized by 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 August 28, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0723 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
Thomas Welker, U.S. Coast Guard,
Sector Delaware Bay, Waterways
Management Division; telephone 215–
271–4814, email Thomas.j.welker@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On July 18, 2018, the Mexican
Cultural Society notified the Coast
Appendix 2—Statement of Chairman J.
Christopher Giancarlo
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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Proposed Rules
Guard that it will be conducting a
fireworks display from 8 to 8:30 p.m. on
September 16, 2018, to commemorate
Mexican Independence Day. The
fireworks are to be launched from a
barge in the Delaware River adjacent to
Penn’s Landing in Philadelphia, PA.
Hazards from firework displays 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 potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone within a 500-yard
radius of the barge.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 500-yard
radius of the fireworks barge 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 COTP proposes to establish a
safety zone from 7:30 p.m. through 8:45
p.m. on September 16, 2018. The safety
zone would cover all navigable waters
within 500 yards of a barge in the
Delaware River adjacent to Penn’s
Landing in Philadelphia, PA. The barge
will be anchored in approximate
position 39°56′50.35″ N Latitude
075°08′18.27″ W Longitude. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 8 p.m. to 8:30 p.m.
fireworks display. No vessel or person
would be permitted to enter, transit, or
remain within 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
VerDate Sep<11>2014
17:58 Aug 10, 2018
Jkt 244001
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.
Vessel traffic would be able to safely
transit around this safety zone which
would impact a small designated area of
the Delaware River for 1 hour and 15
minutes during the evening when vessel
traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone, and the rule
would allow vessels to seek permission
to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this 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
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Fmt 4702
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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
E:\FR\FM\13AUP1.SGM
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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Proposed Rules
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
involves a safety zone lasting 1 hour 15
minutes that would prohibit entry
within 500 yards of a fireworks barge.
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.
sradovich on DSK3GMQ082PROD with PROPOSALS
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
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17:58 Aug 10, 2018
Jkt 244001
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
39939
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 7:30 p.m. through
8:45 p.m. on September 16, 2018.
Dated: August 8, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2018–17333 Filed 8–10–18; 8:45 am]
BILLING CODE 9110–04–P
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.T05–0723 to read as
follows:
POSTAL REGULATORY COMMISSION
39 CFR Part 3015
[Docket No. RM2017–1; Order No. 4742]
■
Competitive Postal Products
Postal Regulatory Commission.
Proposed rulemaking.
§ 165.T05–0723 Safety Zone; Safety Zone;
Delaware River; Penn’s Landing;
Philadelphia, PA; Fireworks Display.
AGENCY:
(a) Location. The following area is a
safety zone: All waters of the Delaware
River within a 500-yard radius of the
fireworks barge, which will be anchored
in approximate position 39°56′50.35″ N
Latitude 075°08′18.27″ W Longitude. All
coordinates are based on Datum NAD
1983.
(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—(a) 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; and (b) 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.
(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.
(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
SUMMARY:
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ACTION:
The Commission is revising
its previously proposed rules related to
the minimum amount that competitive
products as a whole are required to
contribute to institutional costs
annually, based on comments received.
The Commission invites public
comment on the revised proposed rules.
DATES: Comments are due: September
12, 2018.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Organization of Discussion
III. Background
IV. Proposed Modified Formula and
Commission Analysis
V. Section 703(d) of the PAEA
VI. Administrative Actions
VII. Ordering Paragraphs
I. Introduction
On February 8, 2018, the Commission
issued a Notice of Proposed Rulemaking
(Order No. 4402) proposing that a
formula be used to calculate the
minimum amount that competitive
products as a whole are required to
E:\FR\FM\13AUP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Proposed Rules]
[Pages 39937-39939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17333]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0723]
RIN 1625-AA00
Safety Zone; Delaware River; Penn's Landing; Philadelphia, PA;
Fireworks Display
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on a portion of the Delaware River in Philadelphia, PA. This action is
necessary to protect the surrounding public and vessels on these
navigable waters adjacent to Penn's Landing, Philadelphia, PA, during a
fireworks display on September 16, 2018. This proposed rulemaking would
prohibit persons and vessels from entering, transiting, or remaining
within the safety zone unless authorized by 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 August 28, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0723 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 Thomas Welker, U.S.
Coast Guard, Sector Delaware Bay, Waterways Management Division;
telephone 215-271-4814, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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 July 18, 2018, the Mexican Cultural Society notified the Coast
[[Page 39938]]
Guard that it will be conducting a fireworks display from 8 to 8:30
p.m. on September 16, 2018, to commemorate Mexican Independence Day.
The fireworks are to be launched from a barge in the Delaware River
adjacent to Penn's Landing in Philadelphia, PA. Hazards from firework
displays 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 potential hazards
associated with the fireworks to be used in this display would be a
safety concern for anyone within a 500-yard radius of the barge.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 500-yard radius of the fireworks
barge 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 COTP proposes to establish a safety zone from 7:30 p.m. through
8:45 p.m. on September 16, 2018. The safety zone would cover all
navigable waters within 500 yards of a barge in the Delaware River
adjacent to Penn's Landing in Philadelphia, PA. The barge will be
anchored in approximate position 39[deg]56'50.35'' N Latitude
075[deg]08'18.27'' W Longitude. The duration of the zone is intended to
ensure the safety of vessels and these navigable waters before, during,
and after the scheduled 8 p.m. to 8:30 p.m. fireworks display. No
vessel or person would be permitted to enter, transit, or remain within
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, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Delaware River for 1 hour and 15
minutes during the evening when vessel traffic is normally low.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would allow
vessels to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
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
[[Page 39939]]
do not individually or cumulatively have a significant effect on the
human environment. This proposed rule involves a safety zone lasting 1
hour 15 minutes that would prohibit entry within 500 yards of a
fireworks barge. 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 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.T05-0723 to read as follows:
Sec. 165.T05-0723 Safety Zone; Safety Zone; Delaware River; Penn's
Landing; Philadelphia, PA; Fireworks Display.
(a) Location. The following area is a safety zone: All waters of
the Delaware River within a 500-yard radius of the fireworks barge,
which will be anchored in approximate position 39[deg]56'50.35'' N
Latitude 075[deg]08'18.27'' W Longitude. All coordinates are based on
Datum NAD 1983.
(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--(a) 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; and (b) 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.
(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.
(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 7:30 p.m.
through 8:45 p.m. on September 16, 2018.
Dated: August 8, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-17333 Filed 8-10-18; 8:45 am]
BILLING CODE 9110-04-P
