Safety Zone; Delaware River Fireworks Display, Delaware River, Philadelphia, PA, 43760-43762 [2018-18596]
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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
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patrol vessels’’ consist of any Coast
Guard, state, or local law enforcement
and sponsor provided vessels assigned
or approved by the COTP to patrol the
regulated area.
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the PATCOM and
when so directed by that officer will be
operated at a minimum safe navigation
speed in a manner which will not
endanger any other vessels.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of official patrol vessels in the
regulated area during the effective dates
and times, unless cleared for entry by or
through an official patrol vessel.
(5) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel. Spectator vessels may be
moored to a waterfront facility within
the regulated area in such a way that
they shall not interfere with the progress
of the airshow.
(6) The COTP or a designated
representative may forbid and control
the movement of all vessels in the
regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall
come to an immediate stop and comply
with the directions given. Failure to do
so may result in expulsion from the
regulated area, citation for failure to
comply, or both.
(7) The COTP or a designated
representative may terminate the
operation of any vessel at any time it is
deemed necessary for the protection of
life or property.
(8) The COTP or a designated
representative can terminate
enforcement of the special local
regulation at the conclusion of the
airshow.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this regulated area
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Broadcasts (MSIBs) as
appropriate.
Dated: August 23, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard Captain of the
Port Sector Ohio Valley.
[FR Doc. 2018–18625 Filed 8–27–18; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0799]
Drawbridge Operation Regulation;
Columbia River, Portland, OR and
Vancouver, WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Interstate 5 (I–
5) Bridge, north bound, across the
Columbia River, mile 106.5, between
Portland, Oregon, and Vancouver,
Washington. The deviation is necessary
to conduct gear alignment and bearing
clearances. This deviation allows the
bridge to remain in the closed-tonavigation position during the event.
DATES: This deviation is effective from
12:01 a.m. on September 10, 2018, to
11:59 p.m. on September 19, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0799 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION: Oregon
Department of Transportation (bridge
owner) requested a temporary deviation
from the operating schedule for the I–5
Bridge, north bound, mile 106.5, across
the Columbia River between Vancouver,
WA, and Portland, OR, to align lift span
operating rope drive gear and sheave
bearing clearances. The I–5 Bridge
provides three designated navigation
channels with vertical clearances
ranging from 39 to 72 feet above
Columbia River Datum 0.0 while the lift
span is in the closed-to-navigation
position. The normal operating schedule
for the I–5 Bridge is 33 CFR 117.869.
The deviation is effective from 12:01
a.m. on September 10, 2018 until 11:59
p.m. on September 19, 2018. The I–5
Bridges (north bound) are to remain in
the closed to navigation position for the
duration of the deviation, and need not
be raised upon signal. Waterway usage
on this part of the Columbia River
SUMMARY:
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includes vessels ranging from large
commercial ships and tug and tow
vessels to recreational pleasure craft.
Vessels able to pass under the bridge
in the closed-to-navigation positions
may do so at any time. The bridge will
not be able to open for emergencies, and
there is no immediate alternate route for
vessels to pass except for the fixed
height spans. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: August 22, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2018–18592 Filed 8–27–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0810]
RIN 1625–AA00
Safety Zone; Delaware River Fireworks
Display, Delaware River, Philadelphia,
PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Delaware River
in the vicinity of Penn’s Landing,
Philadelphia, PA, from 8:30 p.m.
through 9:30 p.m. on September 1, 2018,
during the Delaware River Waterfront
Corp Fireworks Display. The safety zone
is necessary to ensure the safety of
participant vessels, spectators, and the
boating public during the event. This
regulation prohibits persons and nonparticipant vessels from entering,
transiting through, anchoring in or
remaining within the safety zone unless
authorized by the Captain of the Port
Delaware Bay or a designated
representative.
SUMMARY:
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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
This rule is effective from 8:30
p.m. through 9:30 p.m. on September 1,
2018.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0810 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, 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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest to do so. The rule must be
established by September 1, 2018, to
serve its purpose of ensuring the safety
of spectators and the general public
from hazards associated with the
fireworks display. Hazards include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris.
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 needed to mitigate
the potential safety hazards associated
with a fireworks display in this location.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Delaware Bay
(COTP) has determined that potential
hazards associated with the fireworks
display on September 1, 2018, will be a
safety concern for anyone within a 500yard radius of the fireworks barge,
which will be anchored in approximate
position 39°56′49.66″ N, 075°08′11.69″
W. This rule is needed to protect
persons, vessels and the public near the
fireworks barge during the fireworks
display.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8:30 p.m. through 9:30
p.m. on September 1, 2018, for the
navigable waters in the vicinity of
Penn’s Landing, Philadelphia, PA,
during a fireworks display from a barge.
The event is scheduled to take place at
approximately 9 p.m. on September 1,
2018. The safety zone will extend 500
yards around the barge, which will be
anchored at approximate position
39°56′49.66″ N, 075°08′11.69″ W.
Persons or vessels will not be permitted
to enter, transit through, anchor in or
remain within the safety zone without
obtaining permission from the COTP or
the COTP’s designated representative. If
authorization to enter, transit through,
anchor in or remain within the safety
zone is granted by the COTP or the
COTP’s designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the COTP or the COTP’s
designated representative. The Coast
Guard will provide public notice of the
safety zone by Broadcast Notice to
Mariners and by on-scene actual notice.
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
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43761
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 will be able to safely
transit around this safety zone, which
will impact a small designated area of
the Delaware River for one hour during
the evening when vessel traffic is
normally low. Although persons and
vessels may not enter, transit through,
anchor in or remain within the safety
zone without authorization from the
COTP or a designated representative of
the COTP, they may operate in the
surrounding area during the
enforcement period. Additionally,
persons and vessels will be able to
enter, transit through, anchor in or
remain within the safety zone if
authorized by the COTP or the COTP’s
designated representative. The Coast
Guard will provide advance notification
of the safety zone to the local maritime
community by Broadcast Notice to
Mariners, and by on-scene actual notice
from designated representatives.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
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Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
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
above.
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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.
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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 prohibit persons and
vessels from entering, transiting
through, anchoring in or remaining
within a limited area on the navigable
water in the Delaware Bay, during a
fireworks display lasting one hour. 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
(REC) 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 amends 33
CFR part 165 as follows:
075°08′11.69″ W. 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 (COTP) 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 designated 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.
(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
8:30 p.m. through 9:30 p.m. on
September 1, 2018.
Dated: August 23, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2018–18596 Filed 8–27–18; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
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.
Coast Guard
2. Add § 165.T05–0810 to read as
follows:
[Docket Number USCG–2018–0838]
§ 165.T05–0810 Safety Zone; Delaware
River Fireworks Display, Delaware River,
Philadelphia, PA.
Safety Zones, Hurricane Lane Port
Closures for Hawaiian Islands
■
■
(a) Location. The following area is a
safety zone: All navigable waters of the
Delaware River in the vicinity of Penn’s
Landing, Philadelphia, PA, within 500
yards of the fireworks barge anchored in
approximate position 39°56′49.66″ N,
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33 CFR Part 165
RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 9 temporary safety zones
encompassing Hawaii’s commercial
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Rules and Regulations]
[Pages 43760-43762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18596]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0810]
RIN 1625-AA00
Safety Zone; Delaware River Fireworks Display, Delaware River,
Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Delaware River in the vicinity of Penn's
Landing, Philadelphia, PA, from 8:30 p.m. through 9:30 p.m. on
September 1, 2018, during the Delaware River Waterfront Corp Fireworks
Display. The safety zone is necessary to ensure the safety of
participant vessels, spectators, and the boating public during the
event. This regulation prohibits persons and non-participant vessels
from entering, transiting through, anchoring in or remaining within the
safety zone unless authorized by the Captain of the Port Delaware Bay
or a designated representative.
[[Page 43761]]
DATES: This rule is effective from 8:30 p.m. through 9:30 p.m. on
September 1, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0810 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 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
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
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest to do so. The rule must be established by September
1, 2018, to serve its purpose of ensuring the safety of spectators and
the general public from hazards associated with the fireworks display.
Hazards include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris.
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 needed to mitigate the potential safety
hazards associated with a fireworks display in this location.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Delaware Bay (COTP) has determined that
potential hazards associated with the fireworks display on September 1,
2018, will be a safety concern for anyone within a 500-yard radius of
the fireworks barge, which will be anchored in approximate position
39[deg]56'49.66'' N, 075[deg]08'11.69'' W. This rule is needed to
protect persons, vessels and the public near the fireworks barge during
the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8:30 p.m.
through 9:30 p.m. on September 1, 2018, for the navigable waters in the
vicinity of Penn's Landing, Philadelphia, PA, during a fireworks
display from a barge. The event is scheduled to take place at
approximately 9 p.m. on September 1, 2018. The safety zone will extend
500 yards around the barge, which will be anchored at approximate
position 39[deg]56'49.66'' N, 075[deg]08'11.69'' W. Persons or vessels
will not be permitted to enter, transit through, anchor in or remain
within the safety zone without obtaining permission from the COTP or
the COTP's designated representative. If authorization to enter,
transit through, anchor in or remain within the safety zone is granted
by the COTP or the COTP's designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the COTP or the COTP's designated representative. The Coast Guard
will provide public notice of the safety zone by Broadcast Notice to
Mariners and by on-scene actual notice.
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. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a small designated area of the Delaware River for one hour
during the evening when vessel traffic is normally low. Although
persons and vessels may not enter, transit through, anchor in or remain
within the safety zone without authorization from the COTP or a
designated representative of the COTP, they may operate in the
surrounding area during the enforcement period. Additionally, persons
and vessels will be able to enter, transit through, anchor in or remain
within the safety zone if authorized by the COTP or the COTP's
designated representative. The Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Broadcast Notice to Mariners, and by on-scene actual notice from
designated representatives.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine
[[Page 43762]]
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 above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the 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 prohibit persons and vessels from entering,
transiting through, anchoring in or remaining within a limited area on
the navigable water in the Delaware Bay, during a fireworks display
lasting one hour. 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 (REC)
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 amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0810 to read as follows:
Sec. 165.T05-0810 Safety Zone; Delaware River Fireworks Display,
Delaware River, Philadelphia, PA.
(a) Location. The following area is a safety zone: All navigable
waters of the Delaware River in the vicinity of Penn's Landing,
Philadelphia, PA, within 500 yards of the fireworks barge anchored in
approximate position 39[deg]56'49.66'' N, 075[deg]08'11.69'' W. 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 (COTP) 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 designated 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.
(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 8:30 p.m. through 9:30 p.m. on September 1, 2018.
Dated: August 23, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-18596 Filed 8-27-18; 8:45 am]
BILLING CODE 9110-04-P
