Safety Zone; Penn's Landing Fireworks, Delaware River, Philadelphia PA, 47852-47855 [2018-20572]

Download as PDF 47852 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS’s EASA DOA indicates otherwise. lead to reduced structural integrity of the fuselage. (f) Compliance Comply with this AD within the compliance times specified, unless already done. daltland on DSKBBV9HB2PROD with PROPOSALS (g) Compliance Times for the Actions Required by Paragraph (h) of This AD Accomplish the actions required by paragraph (h) of this AD before exceeding the compliance time ‘‘threshold’’ defined in paragraph 1.E., ‘‘Compliance,’’ of Airbus Service Bulletin A330–53–3215, Revision 03, dated January 22, 2018 (‘‘A330–53–3215, R3’’), depending on airplane utilization and configuration and to be counted from airplane first flight, and, thereafter, at intervals not to exceed the compliance times defined in paragraph 1.E., ‘‘Compliance,’’ of A330–53–3215, R3, depending on airplane utilization and configuration. (h) Repetitive Inspections and Related Investigative and Corrective Actions At the applicable compliance times specified in paragraph (g) of this AD: Accomplish a special detailed inspection of the 10 fastener holes located at FR40 lower shell panel junction on both LH and RH sides, in accordance with the Accomplishment Instructions of A330–53– 3215, R3. (1) If, during any inspection required by the introductory text of paragraph (h) of this AD, any crack is detected, before further flight, accomplish all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of A330–53–3215, R3, except where A330–53–3215, R3 specifies to contact Airbus for repair instructions, and specifies that action as Required for Compliance (RC), this AD requires repair before further flight using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or European Aviation Safety Agency (EASA); or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (2) If, during any inspection required by the introductory text of paragraph (h) of this AD, the diameter of a fastener hole is found to be outside the tolerances of the transition fit as specified in A330–53–3215, R3, as applicable; and A330–53–3215, R3; specifies to contact Airbus for repair instructions, and specifies that action as ‘‘RC,’’ before further flight, repair using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS’s EASA DOA. If approved by the DOA, the approval must include the DOAauthorized signature. (3) Accomplishment of corrective actions, as required by paragraph (h)(1) of this AD, does not constitute terminating action for the repetitive inspections required by the introductory text of paragraph (h) of this AD. (4) Accomplishment of a repair on an airplane, as required by paragraph (h)(2) of this AD, does not constitute terminating action for the repetitive inspections required by the introductory text of paragraph (h) of this AD for that airplane, unless the method VerDate Sep<11>2014 16:30 Sep 20, 2018 Jkt 244001 (i) No Reporting Requirement Although A330–53–3215, R3, specifies to submit certain information to the manufacturer, and specifies that action as RC, this AD does not include that requirement. (j) Credit for Previous Actions This paragraph provides credit for the inspections required by the introductory text of paragraph (h) of this AD and the related investigative and corrective actions required by paragraph (h)(1) of this AD, if those actions were performed before the effective date of this AD, using Airbus Service Bulletin A330–53–3215, dated June 21, 2013; or Revision 01, dated April 17, 2014; or Revision 02, dated November 23, 2016. (k) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Section, send it to the attention of the person identified in paragraph (l)(2) of this AD. Information may be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS’s EASA DOA. If approved by the DOA, the approval must include the DOAauthorized signature. (3) Required for Compliance (RC): Except as specified by paragraphs (g), (h)(1), (h)(2), and (i) of this AD: If any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 2018–0146, dated July 12, 2018, for related information. This MCAI may be found in the AD docket on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2018–0800. (2) For more information about this AD, contact Vladimir Ulyanov, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax: 206–231–3229. Issued in Des Moines, Washington, on September 11, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2018–20360 Filed 9–20–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0371] RIN 1625–AA00 Safety Zone; Penn’s Landing Fireworks, Delaware River, Philadelphia PA Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend the existing recurring fireworks safety zone on the Delaware River adjacent to Penn’s Landing in Philadelphia, Pennsylvania. The amendment would allow the Coast Guard to enforce the safety zone at this location throughout the entire year. The Coast Guard would notify the public of upcoming enforcement of the zone through publication of a Notice of Enforcement in the Federal Register and Broadcast Notice to Mariners. This change would expedite public notification of events at the location and ensure the protection of the maritime public and event participants from the hazards associated with fireworks displays in the Delaware River adjacent to Penn’s Landing. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before October 22, 2018. ADDRESSES: You may submit comments identified by docket number USCG– 2018–0371 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for SUMMARY: E:\FR\FM\21SEP1.SGM 21SEP1 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules further instructions on submitting comments. If you have questions about this proposed rulemaking, call or email Petty Officer Edmund Ofalt, Sector Delaware Bay, Waterways Management Division, U.S. Coast Guard; telephone 215–271–4814, email Edmund.J.Ofalt@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 daltland on DSKBBV9HB2PROD with PROPOSALS II. Background, Purpose, and Legal Basis The Coast Guard routinely receives requests for fireworks displays in the Delaware River Adjacent to Penn’s Landing in Philadelphia, Pennsylvania. As a result, the Coast Guard previously issued a rule creating a recurring safety zone location for this location, listed as entry (a)16 in the table to 33 CFR 165.506. That regulation lists possible days of anticipated enforcement as July 2nd, 3rd, 4th, or 5th; Columbus Day; December 31st, and January 1st. In recent years, however, the number of firework events at this location has significantly increased. To date in the year 2018 there have been 9 requests for fireworks events at this location—many more than the anticipated number of approximately 3 events covered by the current regulation. The additional requests fall outside the enforcement dates listed in the CFR. As a result, the Coast Guard had to issue numerous temporary safety zones to cover the additional events that fall outside of the coverage of the current regulation. The rules creating these temporary safety zones are generally not preceded by notice of proposed rulemaking due to the short lead-time often provided to the Coast Guard. The Coast Guard proposes to revise the safety zone for the Penn’s Landing location to allow the agency to enforce the safety zone at Penn’s Landing anytime from January through December each year during times when a fireworks show is taking place. The purpose of this rulemaking is to ensure the safety of vessels on the navigable waters near the fireworks barge before, during, and after the scheduled event. Hazards from firework displays include accidental discharge of fireworks, dangerous projectiles and falling hot embers or other debris. VerDate Sep<11>2014 16:30 Sep 20, 2018 Jkt 244001 The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231. III. Discussion of Proposed Rule The COTP proposes to revise its recurring fireworks safety zone near Penn’s Landing, listed as entry (a)16 in the table to 33 CFR 165.506. Although this safety zone would be January through December each year, enforcement of the safety zone would only be conducted for short periods of time before, during and after fireworks shows at this location. In order to promote clarity, Penn’s Landing has been added to the location column of the proposed revised regulatory text. The column defining the boundaries of the regulated area has also been updated to improve clarity and more efficiently define the regulated area. The revised safety zone would cover all navigable waters of the Delaware River within 500 yards of a fireworks barge located at latitude 39°56′49″ N, longitude 075°08′11″ W, adjacent to Penn’s Landing, Philadelphia, Pennsylvania. The requirements of 33 CFR 165.506(a) would still apply. 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. Only a small, designated area of the Delaware River will be impacted during enforcement. Consistent with the current regulatory text found in 33 CFR 165.506(d), the default time period this zone will be enforced during each PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 47853 activation is between 5:30 p.m. to 1 a.m. That regulation, however, allows for modifications in this timeframe. In practice, the zone is typically activated with only a two-hour enforcement time period. During the evening, when enforcement is occurring, commercial and recreational traffic is normally low. Notification of enforcement dates and times will be made, at a minimum, to the maritime community via Notice of Enforcement published in the Federal Register, Broadcast Notice to Mariners, and actual notice will be provided via on-scene enforcement vessels. Notifications will be updated as necessary, to keep the maritime community informed of the status of the safety zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. E:\FR\FM\21SEP1.SGM 21SEP1 47854 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a safety zone that will only be enforced for a short duration and excludes vessels from entry into or remaining within a specified area on the Delaware River. Normally such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to 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 http:// www.regulations.gov. If your material cannot be submitted using http:// 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 http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http:// 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 http://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 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. Amend § 165.506 by revising entry (a)16 in Table to § 165.506 to read as follows: ■ § 165.506 Safety Zones; Fireworks Displays in the Fifth Coast Guard District. * * * * * TABLE TO § 165.506 daltland on DSKBBV9HB2PROD with PROPOSALS (a) Coast Guard Sector Delaware Bay—COTP Zone * * * 16 January 1st–December 31st: Any day specified by Notice of Enforcement published in the Federal Register and broadcast via Broadcast Notice to Mariners. * VerDate Sep<11>2014 * 16:30 Sep 20, 2018 * Penn’s Landing, Delaware River, Philadelphia PA; Safety Zone. * Jkt 244001 PO 00000 * Frm 00007 Fmt 4702 * * * All waters of Delaware River, adjacent to Penn’s Landing, Philadelphia, PA, within 500 yards of a fireworks barge at approximate position latitude 39°56′49″ N, longitude 075°08′11″ W. * Sfmt 4702 E:\FR\FM\21SEP1.SGM * 21SEP1 * Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules Dated: September 18, 2018. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. Mr. Akers can be reached via telephone at (404) 562–9089 or via electronic mail at akers.brad@ epa.gov. SUPPLEMENTARY INFORMATION: [FR Doc. 2018–20572 Filed 9–20–18; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2018–0073; FRL–9984– 11—Region 4] Air Plan Approval; South Carolina: Revisions to Prevention of Significant Deterioration Rules Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve portions of a State Implementation Plan (SIP) revision submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), on September 5, 2017, that seek to revise certain New Source Review (NSR) regulations regarding the Prevention of Significant Deterioration (PSD) permitting program. EPA is proposing this action pursuant to the Clean Air Act (CAA or Act). DATES: Comments must be received on or before October 22, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2018–0073 at http:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. daltland on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:30 Sep 20, 2018 Jkt 244001 I. What action is EPA taking today? On September 5, 2017, SC DHEC submitted a SIP revision to EPA for approval that involves changes to South Carolina’s NSR permitting regulations to make them consistent with federal requirements for NSR permitting, correct typographical errors, make internal references consistent, and update public noticing procedures.1 These changes include revisions to NSR public notice requirements in SC DHEC Regulation 61–62.5, Standard No. 7— ‘‘Prevention of Significant Deterioration (PSD) at sections (q) and (w)(4) to address the federal rule entitled ‘‘Revisions to Public Notice Provisions in Clean Air Act Permitting Programs,’’ Final Rule, 81 FR 71613 (October 18, 2016) (also referred to as the e-Notice Rule). In this proposed action, EPA is approving the SIP revision that makes changes to South Carolina’s NSR regulations at SC DHEC Regulation 61– 62.5, Standard No. 7 which applies to the construction or modification of any major stationary source in areas designated as attainment or unclassifiable as required by part C of title I of the CAA, with the exception of the portions of the SIP revision related to the e-Notice Rule. EPA has addressed the e-notice portions of the SIP revision in a separate proposed action. See 83 FR 39638 (August 10, 2018). South Carolina’s PSD regulations at Regulation 61–62.5, Standard No. 7, were originally approved into the SIP on June 10, 1982 (47 FR 6017), with periodic revisions approved through August 10, 2017 (82 FR 37299). EPA is proposing to approve changes submitted in South Carolina’s September 5, 2017, SIP revision to modify the PSD regulations to make minor edits for 1 Also on September 5, 2017, South Carolina submitted separate SIP revisions with: Changes to Regulation 61–62.1, Section I—‘‘Definitions’’ and Regulation 61–62.5, Standard No. 5.2—‘‘Control of Oxides of Nitrogen (NOX);’’ the adoption of Regulation 61–62.97—‘‘Cross State Air Pollution Rule (CSAPR) Trading Program;’’ and changes to the regional haze SIP. The SIP revision related to Regulation 61–62.97 (CSAPR) was previously approved on October 13, 2017 (82 FR 47939). EPA will address the remaining SIP revisions in separate actions. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 47855 internal consistency and to adopt changes for consistency with EPA’s 2016 permit rescission rule entitled ‘‘Rescission of Preconstruction Permits Issued Under the Clean Air Act’’ Final Rule, 81 FR 78043 (November 7, 2016) (hereinafter referred to as the Permit Rescission Rule). II. Background This proposed action seeks to revise South Carolina’s PSD regulations in the SIP as described in Section III, below. Many of these changes are administrative in nature, including updating internal references and correcting typographical errors. The September 5, 2017, SIP revision also makes changes to the PSD regulations to adopt corrective provisions from EPA’s Permit Rescission Rule. On November 7, 2016, EPA published the Permit Rescission Rule, which addressed the rescission of preconstruction permits for PSD. The rule made the following changes to the Agency’s PSD rule at 40 CFR 52.21: (1) Removed a date restriction that only allowed the rescission of PSD permits issued under PSD rules in effect as of July 30, 1987; (2) clarified that permit rescission is not automatic; and (3) corrected an outdated cross-reference. EPA removed the July 30, 1987 date restriction from the federal rule because there are circumstances where it may be appropriate to rescind PSD permits issued under rules in effect after this date pursuant to the criteria in 40 CFR 52.21(w)(3) of the Permit Rescission Rule. For additional information on provisions in the Permit Rescission Rule, see 81 FR 78043 (November 7, 2016). III. Analysis of the State’s September 5, 2017, Submittal The September 5, 2017, SIP revision makes several changes to Regulation 61– 62.5, Standard No. 7 at section (w)— entitled ‘‘Permit rescission’’—to be consistent with the federal provisions for rescinding PSD permits.2 Paragraph (w)(1) currently states that PSD permits issued pursuant to Standard No. 7 remain in effect until they expire or are rescinded. This subparagraph is revised in South Carolina’s submittal to clarify that section (w) is the only provision under which permit rescission is allowed. Next, paragraph (w)(2) is revised to remove the date restriction discussed in Section II, above, that limits rescission to PSD permits issued 2 South Carolina also revised 61–62.5, Standard No. 7 at paragraph (w)(4) to address EPA’s eNotice Rule. As discussed above, EPA proposed to approve this change in a separate proposed action. See 83 FR 39638 (August 10, 2018). E:\FR\FM\21SEP1.SGM 21SEP1

Agencies

[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Proposed Rules]
[Pages 47852-47855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20572]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0371]
RIN 1625-AA00


Safety Zone; Penn's Landing Fireworks, Delaware River, 
Philadelphia PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the existing recurring 
fireworks safety zone on the Delaware River adjacent to Penn's Landing 
in Philadelphia, Pennsylvania. The amendment would allow the Coast 
Guard to enforce the safety zone at this location throughout the entire 
year. The Coast Guard would notify the public of upcoming enforcement 
of the zone through publication of a Notice of Enforcement in the 
Federal Register and Broadcast Notice to Mariners. This change would 
expedite public notification of events at the location and ensure the 
protection of the maritime public and event participants from the 
hazards associated with fireworks displays in the Delaware River 
adjacent to Penn's Landing. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 22, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0371 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for

[[Page 47853]]

further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Edmund Ofalt, Sector 
Delaware Bay, Waterways Management Division, U.S. Coast Guard; 
telephone 215-271-4814, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard routinely receives requests for fireworks displays 
in the Delaware River Adjacent to Penn's Landing in Philadelphia, 
Pennsylvania. As a result, the Coast Guard previously issued a rule 
creating a recurring safety zone location for this location, listed as 
entry (a)16 in the table to 33 CFR 165.506. That regulation lists 
possible days of anticipated enforcement as July 2nd, 3rd, 4th, or 5th; 
Columbus Day; December 31st, and January 1st. In recent years, however, 
the number of firework events at this location has significantly 
increased. To date in the year 2018 there have been 9 requests for 
fireworks events at this location--many more than the anticipated 
number of approximately 3 events covered by the current regulation. The 
additional requests fall outside the enforcement dates listed in the 
CFR. As a result, the Coast Guard had to issue numerous temporary 
safety zones to cover the additional events that fall outside of the 
coverage of the current regulation. The rules creating these temporary 
safety zones are generally not preceded by notice of proposed 
rulemaking due to the short lead-time often provided to the Coast 
Guard.
    The Coast Guard proposes to revise the safety zone for the Penn's 
Landing location to allow the agency to enforce the safety zone at 
Penn's Landing anytime from January through December each year during 
times when a fireworks show is taking place. The purpose of this 
rulemaking is to ensure the safety of vessels on the navigable waters 
near the fireworks barge before, during, and after the scheduled event. 
Hazards from firework displays include accidental discharge of 
fireworks, dangerous projectiles and falling hot embers or other 
debris.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to revise its recurring fireworks safety zone 
near Penn's Landing, listed as entry (a)16 in the table to 33 CFR 
165.506. Although this safety zone would be January through December 
each year, enforcement of the safety zone would only be conducted for 
short periods of time before, during and after fireworks shows at this 
location. In order to promote clarity, Penn's Landing has been added to 
the location column of the proposed revised regulatory text. The column 
defining the boundaries of the regulated area has also been updated to 
improve clarity and more efficiently define the regulated area. The 
revised safety zone would cover all navigable waters of the Delaware 
River within 500 yards of a fireworks barge located at latitude 
39[deg]56'49'' N, longitude 075[deg]08'11'' W, adjacent to Penn's 
Landing, Philadelphia, Pennsylvania.
    The requirements of 33 CFR 165.506(a) would still apply. 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. Only a small, 
designated area of the Delaware River will be impacted during 
enforcement. Consistent with the current regulatory text found in 33 
CFR 165.506(d), the default time period this zone will be enforced 
during each activation is between 5:30 p.m. to 1 a.m. That regulation, 
however, allows for modifications in this timeframe. In practice, the 
zone is typically activated with only a two-hour enforcement time 
period. During the evening, when enforcement is occurring, commercial 
and recreational traffic is normally low. Notification of enforcement 
dates and times will be made, at a minimum, to the maritime community 
via Notice of Enforcement published in the Federal Register, Broadcast 
Notice to Mariners, and actual notice will be provided via on-scene 
enforcement vessels. Notifications will be updated as necessary, to 
keep the maritime community informed of the status of the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

[[Page 47854]]

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves a safety zone that will only 
be enforced for a short duration and excludes vessels from entry into 
or remaining within a specified area on the Delaware River. Normally 
such actions are categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A preliminary Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to 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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://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 http://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. Amend Sec.  165.506 by revising entry (a)16 in Table to Sec.  
165.506 to read as follows:


Sec.  165.506  Safety Zones; Fireworks Displays in the Fifth Coast 
Guard District.

* * * * *

                         Table to Sec.   165.506
------------------------------------------------------------------------
 
------------------------------------------------------------------------
             (a) Coast Guard Sector Delaware Bay--COTP Zone
------------------------------------------------------------------------
 
                              * * * * * * *
16 January 1st-December 31st:   Penn's Landing,    All waters of
 Any day specified by Notice     Delaware River,    Delaware River,
 of Enforcement published in     Philadelphia PA;   adjacent to Penn's
 the Federal Register and        Safety Zone.       Landing,
 broadcast via Broadcast                            Philadelphia, PA,
 Notice to Mariners.                                within 500 yards of
                                                    a fireworks barge at
                                                    approximate position
                                                    latitude
                                                    39[deg]56'49'' N,
                                                    longitude
                                                    075[deg]08'11'' W.
 
                              * * * * * * *
------------------------------------------------------------------------



[[Page 47855]]

    Dated: September 18, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-20572 Filed 9-20-18; 8:45 am]
 BILLING CODE 9110-04-P