Safety Zone; Delaware River; Camden, NJ; Fireworks Display, 57319-57321 [2018-24978]
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Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
khammond on DSK30JT082PROD with RULES
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
VerDate Sep<11>2014
16:25 Nov 14, 2018
Jkt 247001
57319
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.
DEPARTMENT OF HOMELAND
SECURITY
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. It is categorically
excluded from further review under
paragraph L60(b) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration is not
required for this rule because we are
disestablishing a safety zone.
Safety Zone; Delaware River; Camden,
NJ; Fireworks Display
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
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.
§ 165.T13–0998
■
2. Remove § 165.T13–0998.
Dated: November 8, 2018.
J.C. Smith,
Captain, U.S. Coast Guard, Captain of the
Port Sector Columbia River.
[FR Doc. 2018–24846 Filed 11–14–18; 8:45 am]
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Frm 00013
Fmt 4700
Sfmt 4700
33 CFR Part 165
[Docket Number USCG–2018–0948]
RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
a portion of the Delaware River in
Camden, NJ. This action is necessary to
protect the surrounding public and
vessels on these navigable waters
adjacent to the Battleship New Jersey
Museum and Memorial, Camden, NJ,
during a fireworks display on November
14, 2018. This regulation prohibits
persons and vessels from entering,
transiting, or remaining within the
safety zone unless authorized by the
Captain of the Port Delaware Bay or a
designated representative.
DATES: This rule is effective from 8:15
p.m. through 9:15 p.m. on November 14,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0948 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
Thomas.j.welker@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
II. Background, Purpose, and Legal
Basis
[Removed]
BILLING CODE 9110–04–P
Coast Guard
On September 14, 2018, Rexel, Inc.
notified the Coast Guard that it will be
conducting a fireworks display from
8:35 p.m. to 8:55 p.m. on November 14,
2018. The fireworks are to be launched
from a barge on the Delaware River
adjacent the Battleship New Jersey
E:\FR\FM\15NOR1.SGM
15NOR1
57320
Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations
Museum and Memorial, Camden, NJ. In
response, on October 22, 2018, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone;
Delaware River; Camden, NJ; Fireworks
Display; 83 FR 53199. There, we stated
why we issued the NPRM and invited
comments on our proposed regulatory
action related to this fireworks display.
During the comment period that ended
November 6, 2018, we received one
comment.
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.
khammond on DSK30JT082PROD with RULES
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 November 14, 2018, will be
a safety concern for anyone within a
600-foot radius of the fireworks barge,
which will be anchored in approximate
position 39°56′20″ N Latitude,
075°08′08″ W Longitude. This rule is
needed to protect persons, vessels and
the public near the fireworks barge
during the fireworks display.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published
October 22, 2018. The comment was
generally supportive of the proposed
rulemaking. The comment did express
concern with public notification of the
rule. The comment suggested the Coast
Guard notify the public more than once.
The Coast Guard agrees that notification
to the public of the existence of this rule
is a key component to ensuring safety.
In addition to publication of the NPRM
and final rule in the Federal Register,
the Coast Guard will provide
notification through Broadcast Notice to
Mariners and on-scene notice. There are
no changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule establishes a temporary
safety zone from approximately 8:15
p.m. through 9:15 p.m. on November 14,
2018, for the navigable waters in the
vicinity of the Battleship New Jersey
Museum and Memorial, Camden, NJ,
during a fireworks display from a barge.
The event is scheduled to take place at
approximately 8:35 p.m. on November
VerDate Sep<11>2014
16:25 Nov 14, 2018
Jkt 247001
14, 2018. The safety zone will extend
600 feet around the barge, which will be
anchored at approximate position
39°56′20″ N Latitude, 075°08′08″ W
Longitude. Persons or vessels will not
be permitted to enter, transit through, or
remain within the safety zone without
obtaining permission from the COTP or
a designated representative.
If authorization to enter, transit
through, or remain within the safety
zone is granted by the COTP or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the COTP or a 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 1 hour during the
evening when vessel traffic is normally
low. Moreover, the Coast Guard will
issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 about the
zone, and the rule will allow vessels to
seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this 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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
E:\FR\FM\15NOR1.SGM
15NOR1
Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
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
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 rule involves a safety
zone lasting 1 hour that will prohibit
entry within 600 feet of a fireworks
barge. Normally such actions are
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
khammond on DSK30JT082PROD with RULES
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.
16:25 Nov 14, 2018
Jkt 247001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
(e) Enforcement period. This zone
will be enforced from 8:15 p.m. through
9:15 p.m. on November 14, 2018.
Dated: November 9, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2018–24978 Filed 11–14–18; 8:45 am]
BILLING CODE 9110–04–P
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.T05–0948 to read as
follows:
[Docket No. USCG–2018–0907]
■
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.
VerDate Sep<11>2014
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:
§ 165.T05–0948 Safety Zone; Delaware
River; Camden, NJ; Fireworks Display.
(a) Location. The following area is a
safety zone: All waters of the Delaware
River within a 600-foot radius of the
fireworks barge, which will be anchored
in approximate position 39°56′20″ N
Latitude 075°08′08″ W Longitude. All
coordinates are based on Datum NAD
1983.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
petty officer, warrant or commissioned
officer on board a Coast Guard vessel or
on board a federal, state, or local law
enforcement vessel assisting the Captain
of the Port, Delaware Bay in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part—you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative;
and all persons and vessels in the safety
zone must comply with all lawful orders
or directions given to them by the COTP
or the COTP’s designated representative.
(2) To request permission to enter the
safety zone, contact the COTP or the
COTP’s representative on marine band
radio VHF–FM channel 16 (156.8 MHz)
or 215–271–4807.
(3) No vessel may take on bunkers or
conduct lightering operations within the
safety zone during the enforcement
period.
(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.
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57321
33 CFR Part 165
Safety Zone; Santa Spectacular, Ohio
River, Monongahela River, Allegheny
River, Pittsburgh, PA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the Santa Spectacular
Fireworks to provide for the safety of
persons, vessels, and the marine
environment on the navigable waters of
the Ohio River, Monongahela River and
Allegheny River during this event. Our
regulation for marine events within the
Eighth Coast Guard District identifies
the regulated area for this event in
Pittsburgh, PA. During the enforcement
period, entry into this zone is prohibited
unless authorized by the Captain of the
Port Marine Safety Unit Pittsburgh or a
designated representative.
DATES: The regulations in 33 CFR
165.801, Table 1, Line 64 will be
enforced from 8 p.m. through 9:30 p.m.
on November 16, 2018.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Petty Officer
Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone
412–221–0807, email
Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a temporary safety
zone for the Santa Spectacular
Fireworks Race in 33 CFR 165.801,
Table 1, titled ‘‘Sector Ohio Valley
Annual and Recurring Safety Zones,’’
line 64, from 8 p.m. through 9:30 p.m.
on November 16, 2018. This action is
being taken to provide for the safety of
persons, vessels, and the marine
environment on the navigable waters of
the Ohio River, Monongahela River and
Allegheny River during this event. Our
regulation for marine events within the
Eighth Coast Guard District, § 165.801
SUMMARY:
E:\FR\FM\15NOR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57319-57321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24978]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0948]
RIN 1625-AA00
Safety Zone; Delaware River; Camden, NJ; Fireworks Display
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on a
portion of the Delaware River in Camden, NJ. This action is necessary
to protect the surrounding public and vessels on these navigable waters
adjacent to the Battleship New Jersey Museum and Memorial, Camden, NJ,
during a fireworks display on November 14, 2018. This regulation
prohibits persons and vessels from entering, transiting, or remaining
within the safety zone unless authorized by the Captain of the Port
Delaware Bay or a designated representative.
DATES: This rule is effective from 8:15 p.m. through 9:15 p.m. on
November 14, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0948 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, Purpose, and Legal Basis
On September 14, 2018, Rexel, Inc. notified the Coast Guard that it
will be conducting a fireworks display from 8:35 p.m. to 8:55 p.m. on
November 14, 2018. The fireworks are to be launched from a barge on the
Delaware River adjacent the Battleship New Jersey
[[Page 57320]]
Museum and Memorial, Camden, NJ. In response, on October 22, 2018, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Delaware River; Camden, NJ; Fireworks Display; 83 FR
53199. There, we stated why we issued the NPRM and invited comments on
our proposed regulatory action related to this fireworks display.
During the comment period that ended November 6, 2018, we received one
comment.
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 November 14,
2018, will be a safety concern for anyone within a 600-foot radius of
the fireworks barge, which will be anchored in approximate position
39[deg]56'20'' N Latitude, 075[deg]08'08'' W Longitude. This rule is
needed to protect persons, vessels and the public near the fireworks
barge during the fireworks display.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published
October 22, 2018. The comment was generally supportive of the proposed
rulemaking. The comment did express concern with public notification of
the rule. The comment suggested the Coast Guard notify the public more
than once. The Coast Guard agrees that notification to the public of
the existence of this rule is a key component to ensuring safety. In
addition to publication of the NPRM and final rule in the Federal
Register, the Coast Guard will provide notification through Broadcast
Notice to Mariners and on-scene notice. There are no changes in the
regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a temporary safety zone from approximately
8:15 p.m. through 9:15 p.m. on November 14, 2018, for the navigable
waters in the vicinity of the Battleship New Jersey Museum and
Memorial, Camden, NJ, during a fireworks display from a barge. The
event is scheduled to take place at approximately 8:35 p.m. on November
14, 2018. The safety zone will extend 600 feet around the barge, which
will be anchored at approximate position 39[deg]56'20'' N Latitude,
075[deg]08'08'' W Longitude. Persons or vessels will not be permitted
to enter, transit through, or remain within the safety zone without
obtaining permission from the COTP or a designated representative.
If authorization to enter, transit through, or remain within the
safety zone is granted by the COTP or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP or a 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 1 hour during
the evening when vessel traffic is normally low. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule will allow vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
[[Page 57321]]
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have 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 rule involves a safety zone lasting 1 hour that will
prohibit entry within 600 feet of a fireworks barge. Normally such
actions are categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.
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.T05-0948 to read as follows:
Sec. 165.T05-0948 Safety Zone; Delaware River; Camden, NJ; Fireworks
Display.
(a) Location. The following area is a safety zone: All waters of
the Delaware River within a 600-foot radius of the fireworks barge,
which will be anchored in approximate position 39[deg]56'20'' N
Latitude 075[deg]08'08'' W Longitude. All coordinates are based on
Datum NAD 1983.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard petty
officer, warrant or commissioned officer on board a Coast Guard vessel
or on board a federal, state, or local law enforcement vessel assisting
the Captain of the Port, Delaware Bay in the enforcement of the safety
zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part--you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative; and all persons and vessels in the
safety zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
(2) To request permission to enter the safety zone, contact the
COTP or the COTP's representative on marine band radio VHF-FM channel
16 (156.8 MHz) or 215-271-4807.
(3) No vessel may take on bunkers or conduct lightering operations
within the safety zone during the enforcement period.
(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 8:15 p.m.
through 9:15 p.m. on November 14, 2018.
Dated: November 9, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-24978 Filed 11-14-18; 8:45 am]
BILLING CODE 9110-04-P
