Safety Zone; Penn's Landing Fireworks, Delaware River, Philadelphia PA, 47852-47855 [2018-20572]
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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.
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(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
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(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
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2018–0146, dated July 12, 2018, for related
information. This MCAI may be found in the
AD docket on the internet at https://
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 https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
SUMMARY:
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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
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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.
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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
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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.
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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 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
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
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(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.
*
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*
Penn’s Landing, Delaware
River, Philadelphia PA;
Safety Zone.
*
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*
*
*
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.
*
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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 https://
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
https://www2.epa.gov/dockets/
commenting-epa-dockets.
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SUMMARY:
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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.
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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 https://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 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. 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
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(a) Coast Guard Sector Delaware Bay--COTP Zone
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* * * * * * *
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.
* * * * * * *
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[[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
