Safety Zone; Fireworks Display, Delaware Bay, Lewes, DE, 23748-23750 [2019-10791]
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23748
Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Proposed Rules
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. You may view this EASA
AD at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
EASA AD 2018–0249 may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2018–0113.
(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 May
6, 2019.
Dionne Palermo,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–10654 Filed 5–22–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0335]
RIN 1625–AA00
Safety Zone; Fireworks Display,
Delaware Bay, Lewes, DE
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
waters of Delaware Bay off Lewes, DE,
from 9 p.m. to 10 p.m. on July 4, 2019,
during the Lewes, DE, Fireworks
Display. The safety zone is necessary to
ensure the safety of participant vessels,
spectators, and the boating public
during the event. This regulation
prohibits persons and non-participant
vessels from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port (COTP)
Delaware Bay or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 24, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0335 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
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SUMMARY:
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further instructions on submitting
comments.
If
you have questions about this proposed
rulemaking, call or email: If you have
questions on this rule, call or email
Petty Officer Thomas Welker, U.S. Coast
Guard, Sector Delaware Bay, Waterways
Management Division, Coast Guard;
telephone (215) 271–4814, email
Thomas.j.welker@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
II. Background, Purpose, and Legal
Basis
On April 11, 2019, Schaefer Fireworks
notified the Coast Guard that it will be
conducting a fireworks display off
Lewes, DE, from 9 p.m. to 10 p.m. on
July 4, 2019. The display will be
launched from a barge in Delaware Bay.
Hazards from fireworks displays include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The Captain of
the Port Delaware Bay (COTP) has
determined that this temporary safety
zone is necessary to provide safety
during the fireworks display, and to
ensure protection of participants,
spectators and other boaters.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters. The Coast Guard
proposes this rulemaking under
authority in 46 U.S.C. 70034 (previously
33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP proposes to establish a
temporary safety zone on the waters of
Delaware Bay off Lewes, DE, during a
fireworks display from a barge. The
event is scheduled to take place
between 9 p.m. and 10 p.m. on July 4,
2019. The safety zone will extend 350
yards around the barge, which will be
anchored at approximate position
latitude 38°47′12.07″ N, longitude
075°07′48.89″ W. No person or vessel
will be permitted to enter, transit
through, anchor in, or remain within the
safety zone without obtaining
permission from the COTP Delaware
Bay or a designated representative. If
authorization to enter, transit through,
anchor in, or remain within the safety
zone is granted by the COTP Delaware
Bay or a designated representative, all
persons and vessels receiving such
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authorization must comply with the
instructions of the COTP Delaware Bay
or a designated representative. The
Coast Guard will provide public notice
of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners,
and by on-scene actual notice from
designated representatives. 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.
The impact of this rule is not
significant for the following reasons: (1)
The safety zone will not impact a
navigational channel; (2) although
persons and vessels may not enter,
transit through, anchor in, or remain
within the safety zone without
authorization from the COTP Delaware
Bay or a designated representative, they
may operate in the surrounding area
during the enforcement period; (3)
persons and vessels will still be able to
enter, transit through, anchor in, or
remain within the regulated area if
authorized by the COTP Delaware Bay
or a designated representative; and (4)
the Coast Guard will provide advance
notification of the safety zone to the
local maritime community by Local
Notice to Mariners, Broadcast Notice to
Mariners, or by on-scene actual notice
from designated representatives.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
E:\FR\FM\23MYP1.SGM
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Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Proposed Rules
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 rule will 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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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
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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 rule proposes a
safety zone that will prohibit persons
and vessels from entering, transiting
through, anchoring in, or remaining
within a limited area on the navigable
water in the Delaware Bay, during a
fireworks display lasting approximately
one hour. This rule is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A preliminary Record
of Environmental Consideration (REC)
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
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23749
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: 46 U.S.C. 70034, 70051; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6,
and 160.5; Department of Homeland Security
Delegation No. 0170.1.
2. Add § 165.T05–0335 to read as
follows:
■
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23750
Federal Register / Vol. 84, No. 100 / Thursday, May 23, 2019 / Proposed Rules
§ 165.T05–0335 Safety Zone; Fireworks,
Delaware Bay, Lewes DE.
ACTION:
(a) Location. The following area is a
safety zone: All waters of Delaware Bay
off Lewes, DE within 350 yards of the
fireworks barge anchored in
approximate position latitude
38°47′12.07″ N, longitude 075°07′48.89″
W.
(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 (COTP),
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.
(2) To seek permission to enter or
remain in the zone, contact the COTP or
the COTP’s representative via VHF–FM
channel 16 or 215–271–4807. Those in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(3) No vessel may take on bunkers or
conduct lightering operations within the
safety zone during its enforcement
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 approximately 9
p.m. to 10 p.m. on July 4, 2019.
SUMMARY:
Dated: May 10, 2019.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2019–10791 Filed 5–22–19; 8:45 am]
BILLING CODE 9110–04–P
khammond on DSKBBV9HB2PROD with PROPOSALS
ENVIRONMENTAL PROTECTION
AGENCY
Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions dated July 30, 2012, and
January 12, 2018, submitted by the State
of North Carolina through the North
Carolina Department of Environmental
Quality (NCDEQ). These SIP revisions
are related to the State’s Prevention of
Significant Deterioration (PSD)
permitting program requirements for
greenhouse gases (GHGs). This action is
being proposed pursuant to the Clean
Air Act (CAA or Act).
DATES: Comments must be received on
or before June 24, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2018–0257 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.
FOR FURTHER INFORMATION CONTACT:
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Febres can be reached by telephone
at (404) 562–8966 or via electronic mail
at febres-martinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
40 CFR Part 52
I. What action is the agency taking?
[EPA–R04–OAR–2018–0257; FRL–9993–98–
Region 4]
EPA received two SIP revisions from
NCDEQ, dated July 30, 2012, and
January 12, 2018, that include changes
to North Carolina’s SIP-approved air
quality rule at 15 North Carolina
Administrative Code (NCAC) 02D
.0544—Prevention of Significant
Air Plan Approval; North Carolina: PSD
Requirements for GHGs
AGENCY:
Environmental Protection
Agency.
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Deterioration Requirements for
Greenhouse Gases.1 2 3 The 2012 and
2018 revisions include several
administrative and typographical
changes to the rule, as well as a
modification to the date associated with
the incorporation by reference (IBR) of
40 CFR 51.166 that was initially meant
to capture EPA’s final action entitled
‘‘Deferral for CO2 Emissions From
Bioenergy and Other Biogenic Sources
Under the Prevention of Significant
Deterioration (PSD) and Title V
Programs’’ (hereinafter referred to as the
‘‘Biomass Deferral Rule’’ and discussed
in Section II.B, below). In a March 4,
2019, letter, North Carolina asked EPA
to approve changes to the IBR-related
paragraph in Section 0544, including
the date modification, but to exclude the
adoption of the Biomass Deferral Rule
from the IBR.4
The 2018 submittal also seeks to
remove the PSD requirements for major
stationary sources based solely on their
GHG emissions; add a new paragraph—
paragraph (d)—regarding the global
warming potential for GHGs; and reletter several paragraphs in the rule due
to the addition of the new paragraph
(e.g., changing paragraph (d) in the SIPapproved rule to paragraph (e)).5 The
revisions removing PSD requirements
based solely on GHG emissions are in
response to court decisions invalidating
and vacating the Federal regulations
that applied PSD permitting
requirements to major sources based
solely on their GHG emissions.6 More
1 EPA notes that the agency received the SIP
revisions on August 3, 2012, and February 2, 2018,
respectively.
2 In the table of North Carolina regulations
approved into the SIP at 40 CFR 52.1770(c), 15A
NCAC 02D is referred to as ‘‘Subchapter 2D Air
Pollution Control Requirements.’’
3 The PSD permitting program is established in
part C of title I of the CAA and applies in areas that
meet the National Ambient Air Quality Standards
(NAAQS)—‘‘attainment areas’’—as well as areas
where there is insufficient information to determine
if the area meets the NAAQS—‘‘unclassifiable
areas.’’ EPA’s regulations governing PSD
implementation are located at 40 CFR 51.166 and
52.21.
4 The March 4, 2019, supplemental letter is
located in the docket for this proposed rulemaking.
5 In North Carolina’s January 12, 2018, SIP
revision cover letter, the State also mentions
changes to rule 15 NCAC 02D Section .0502—
Applicability, which relates to title V permitting
requirements for GHGs. This rule is mentioned
because it was approved, together with Section
.0544, by the North Carolina Rules Review
Commission, but the redline strikeout changes were
not include as part of the January12, 2018 SIP
package. Additionally, North Carolina explains in
its letter that they do not wish for EPA to review
these changes because they are not part of the SIP
but rather part of the State’s title V operating permit
program.
6 See Utility Air Regulatory Group (UARG) v.
EPA, 134 S. Ct. 2427 (2014); Coalition for
Responsible Regulation, Inc. v. EPA, 606 Fed. Appx.
6, 7 (D.C. Cir. 2015).
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]]>Agencies
[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Proposed Rules]
[Pages 23748-23750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10791]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0335]
RIN 1625-AA00
Safety Zone; Fireworks Display, Delaware Bay, Lewes, DE
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of Delaware Bay off Lewes, DE, from 9 p.m. to 10 p.m. on
July 4, 2019, during the Lewes, DE, Fireworks Display. The safety zone
is necessary to ensure the safety of participant vessels, spectators,
and the boating public during the event. This regulation prohibits
persons and non-participant vessels from entering, transiting through,
anchoring in, or remaining within the safety zone unless authorized by
the Captain of the Port (COTP) Delaware Bay or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 24, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0335 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email: If you have questions on this rule,
call or email Petty Officer Thomas Welker, U.S. Coast Guard, Sector
Delaware Bay, Waterways Management Division, 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
On April 11, 2019, Schaefer Fireworks notified the Coast Guard that
it will be conducting a fireworks display off Lewes, DE, from 9 p.m. to
10 p.m. on July 4, 2019. The display will be launched from a barge in
Delaware Bay. Hazards from fireworks displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port Delaware Bay (COTP) has
determined that this temporary safety zone is necessary to provide
safety during the fireworks display, and to ensure protection of
participants, spectators and other boaters.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters. The Coast Guard proposes this rulemaking
under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP proposes to establish a temporary safety zone on the
waters of Delaware Bay off Lewes, DE, during a fireworks display from a
barge. The event is scheduled to take place between 9 p.m. and 10 p.m.
on July 4, 2019. The safety zone will extend 350 yards around the
barge, which will be anchored at approximate position latitude
38[deg]47'12.07'' N, longitude 075[deg]07'48.89'' W. No person or
vessel will be permitted to enter, transit through, anchor in, or
remain within the safety zone without obtaining permission from the
COTP Delaware Bay or a designated representative. If authorization to
enter, transit through, anchor in, or remain within the safety zone is
granted by the COTP Delaware Bay or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP Delaware Bay or a designated representative.
The Coast Guard will provide public notice of the safety zone by Local
Notice to Mariners, Broadcast Notice to Mariners, and by on-scene
actual notice from designated representatives. 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.
The impact of this rule is not significant for the following
reasons: (1) The safety zone will not impact a navigational channel;
(2) although persons and vessels may not enter, transit through, anchor
in, or remain within the safety zone without authorization from the
COTP Delaware Bay or a designated representative, they may operate in
the surrounding area during the enforcement period; (3) persons and
vessels will still be able to enter, transit through, anchor in, or
remain within the regulated area if authorized by the COTP Delaware Bay
or a designated representative; and (4) the Coast Guard will provide
advance notification of the safety zone to the local maritime community
by Local Notice to Mariners, Broadcast Notice to Mariners, or by on-
scene actual notice from designated representatives.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
[[Page 23749]]
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 rule will not have a significant economic impact on
any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary
determination that this action is one of a category of actions that do
not individually or cumulatively have a significant effect on the human
environment. This rule proposes a safety zone that will prohibit
persons and vessels from entering, transiting through, anchoring in, or
remaining within a limited area on the navigable water in the Delaware
Bay, during a fireworks display lasting approximately one hour. This
rule is categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A preliminary Record of Environmental Consideration (REC)
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: 46 U.S.C. 70034, 70051; 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.T05-0335 to read as follows:
[[Page 23750]]
Sec. 165.T05-0335 Safety Zone; Fireworks, Delaware Bay, Lewes DE.
(a) Location. The following area is a safety zone: All waters of
Delaware Bay off Lewes, DE within 350 yards of the fireworks barge
anchored in approximate position latitude 38[deg]47'12.07'' N,
longitude 075[deg]07'48.89'' W.
(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 (COTP), 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.
(2) To seek permission to enter or remain in the zone, contact the
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(3) No vessel may take on bunkers or conduct lightering operations
within the safety zone during its enforcement 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
approximately 9 p.m. to 10 p.m. on July 4, 2019.
Dated: May 10, 2019.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2019-10791 Filed 5-22-19; 8:45 am]
BILLING CODE 9110-04-P
