Safety Zone; Fireworks Display, Delaware River, Philadelphia, PA, 25022-25024 [2019-11248]
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25022
Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Proposed Rules
By the National Credit Union
Administration Board on May 23, 2019.
Gerard S. Poliquin,
Secretary of the Board.
provided it has the authority to accept
such accounts.
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[FR Doc. 2019–11296 Filed 5–29–19; 8:45 am]
For the reasons stated above, NCUA
proposes to amend 12 CFR parts 701
and 741 as follows:
BILLING CODE 7535–01–P
DEPARTMENT OF HOMELAND
SECURITY
PART 701—ORGANIZATION AND
OPERATION OF FEDERAL CREDIT
UNIONS
Coast Guard
1. The authority for part 701
continues to read as follows:
33 CFR Part 165
■
Authority: 12 U.S.C. 1752(5), 1755, 1756,
1757, 1758, 1759, 1761a, 1761b, 1766, 1767,
1782, 1784, 1785, 1786, 1787, 1788, 1789.
Section 701.6 is also authorized by 15 U.S.C.
3717. Section 701.31 is also authorized by 15
U.S.C. 1601 et seq.; 42 U.S.C. 1981 and 3601–
3610. Section 701.35 is also authorized by 42
U.S.C. 4311–4312.
2. Revise § 701.32(b) to read as
follows:
■
RIN 1625–AA00
Safety Zone; Fireworks Display,
Delaware River, Philadelphia, PA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone on the
waters of the Delaware River near
Pleasant Hill Park in Philadelphia, PA,
from 9:15 p.m. to 10 p.m. on July 4,
2019, during the One River Alliance
Fireworks Display. The safety zone is
necessary to ensure the safety of
participant vessels, spectators, and the
boating public during the event. This
regulation would prohibit 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 10, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0338 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.
SUMMARY:
§ 701.32 Payment on shares by public
units and nonmembers.
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(b) Limitations—(1) Aggregate limit on
public unit and nonmember shares.
Except as permitted under paragraph (c)
of this section, a Federal credit union
may not accept public unit and
nonmember shares in excess of 50
percent of the difference of paid-in and
unimpaired capital and surplus and any
public unit and nonmember shares, as
measured at the time of acceptance of
each public unit or nonmember share.
(2) Required due diligence. Before
accepting public unit or nonmember
shares that, taken together with any
borrowings, exceed 70 percent of paidin and unimpaired capital and surplus,
the board of directors must adopt a
specific written plan concerning the
intended use of these funds that is
consistent with prudent risk
management principles.
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PART 741—REQUIREMENTS FOR
INSURANCE
3. The authority for part 741
continues to read as follows:
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§ 741.204 Maximum public unit and
nonmember accounts, and low-income
designation.
If
you have questions about this proposed
rulemaking, 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:
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I. Table of Abbreviations
FOR FURTHER INFORMATION CONTACT:
Authority: 12 U.S.C. 1757, 1766(a), 1781–
1790, and 1790d; 31 U.S.C. 3717.
4. Revise § 741.204(a) to read as
follows:
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[Docket Number USCG–2019–0338]
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(a) Adhere to the requirements of
§ 701.32 of this chapter regarding public
unit and nonmember accounts,
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CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
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FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On April 19, 2019, Pyrotechnico
Fireworks notified the Coast Guard that
it will be conducting a firework display
near Pleasant Hill Park in Philadelphia,
PA, from 9:15 p.m. to 10 p.m. on July
4, 2019. The display will be launched
from a barge in the Delaware River.
Hazards from firework 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
the Delaware River near Pleasant Hill
Park in Philadelphia, PA, during a
fireworks display scheduled to take
place between 9:15 p.m. and 10 p.m. on
July 4, 2019. The fireworks will be set
off from a barge in the river, which will
be anchored at approximate position
latitude 40°02′22.54″ N longitude
074°59′22.03″ W. The safety zone would
extend 200 yards around the barge. 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 the COTP Delaware
Bay or a designated representative
grants authorization to enter, transit
through, anchor in, or remain within the
safety zone, 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 and
Broadcast Notice to Mariners. 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
E:\FR\FM\30MYP1.SGM
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Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Proposed Rules
based on a number of these statutes and
Executive orders and we discuss First
Amendment rights of protestors.
jbell on DSK3GLQ082PROD with PROPOSALS
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 enforcement period will last less
than one hour when vessel traffic is
usually low; (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; and (4) the Coast
Guard will provide advance notification
of the safety zone to the local maritime
community by Local Notice to Mariners
and Broadcast Notice to Mariners.
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 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
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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
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25023
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
Environmental Planning COMDTINST
5090.1 (series), 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 River, during a
fireworks display lasting approximately
one hour. Normally, such actions are
categorically excluded from further
review under paragraph L60(a) in Table
3–1 of U.S. Coast Guard Environmental
Planning Implementing Procedures
5090.1. 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.
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25024
Federal Register / Vol. 84, No. 104 / Thursday, May 30, 2019 / Proposed Rules
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.T05–0338 to read as
follows:
■
jbell on DSK3GLQ082PROD with PROPOSALS
§ 165.T05–0338 Safety Zone; Fireworks,
Delaware River, Philadelphia, PA.
(a) Location. The following area is a
safety zone: All waters of Delaware
River off Philadelphia, PA, within 200
yards of the barge anchored in
approximate position latitude
40°02′22.54″ N longitude 074°59′22.03″
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.
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(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
9:15 p.m. to 10 p.m. on July 4, 2019.
Dated: May 23, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2019–11248 Filed 5–29–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0741; FRL–9994–41–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Removal of Unnecessary
Electric Arc Furnace Regulation and
References to the Electric Arc Furnace
Regulation
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
three state implementation plan (SIP)
revisions submitted by the State of
Delaware. One revision requests EPA
remove from the Delaware SIP a state
regulation governing emissions from
Electric Arc Furnaces (EAF) because
there are no such sources in Delaware
and the State has already repealed this
regulation. EPA is further proposing to
approve minor revisions to two SIP
SUMMARY:
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approved regulations which reference
the repealed EAF regulation in order to
remove references to the EAF
regulation. EPA is proposing approval of
these SIP revisions in accordance the
Clean Air Act (CAA).
DATES: Written comments must be
received on or before July 1, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2018–0741 at https://
www.regulations.gov, or via email to
spielberger.susan@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, 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, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For 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:
Elizabeth Gaige, Air Quality Analysis
Branch (3AD40), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–5676.
Ms. Gaige can also be reached via
electronic mail at gaige.elizabeth@
epa.gov.
SUPPLEMENTARY INFORMATION: On May
25, 2018, the State of Delaware, through
the Department of Natural Resources
and Environmental Control (DNREC),
formally submitted a SIP revision
requesting the removal of a state
regulation found at 7 Delaware Admin.
Code 1123—Standards of Performance
for Steel Plants: Electric Arc Furnaces,
from the Delaware SIP because it is
outdated. Delaware requested removal
of 7 Delaware Admin. Code 1123
because there are currently no such
sources in the state of Delaware, and
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]]>Agencies
[Federal Register Volume 84, Number 104 (Thursday, May 30, 2019)]
[Proposed Rules]
[Pages 25022-25024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11248]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0338]
RIN 1625-AA00
Safety Zone; Fireworks Display, Delaware River, Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of the Delaware River near Pleasant Hill Park in
Philadelphia, PA, from 9:15 p.m. to 10 p.m. on July 4, 2019, during the
One River Alliance Fireworks Display. The safety zone is necessary to
ensure the safety of participant vessels, spectators, and the boating
public during the event. This regulation would prohibit 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 10, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0338 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 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 19, 2019, Pyrotechnico Fireworks notified the Coast Guard
that it will be conducting a firework display near Pleasant Hill Park
in Philadelphia, PA, from 9:15 p.m. to 10 p.m. on July 4, 2019. The
display will be launched from a barge in the Delaware River. Hazards
from firework 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 the Delaware River near Pleasant Hill Park in Philadelphia,
PA, during a fireworks display scheduled to take place between 9:15
p.m. and 10 p.m. on July 4, 2019. The fireworks will be set off from a
barge in the river, which will be anchored at approximate position
latitude 40[deg]02'22.54'' N longitude 074[deg]59'22.03'' W. The safety
zone would extend 200 yards around the barge. 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 the COTP Delaware Bay or a designated
representative grants authorization to enter, transit through, anchor
in, or remain within the safety zone, 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
and Broadcast Notice to Mariners. 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
[[Page 25023]]
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 enforcement period will last less than one hour when
vessel traffic is usually low; (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; and (4) the Coast Guard will
provide advance notification of the safety zone to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.
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 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 Environmental Planning COMDTINST 5090.1
(series), 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 River, during a fireworks display lasting approximately
one hour. Normally, such actions are categorically excluded from
further review under paragraph L60(a) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. 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.
[[Page 25024]]
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.T05-0338 to read as follows:
Sec. 165.T05-0338 Safety Zone; Fireworks, Delaware River,
Philadelphia, PA.
(a) Location. The following area is a safety zone: All waters of
Delaware River off Philadelphia, PA, within 200 yards of the barge
anchored in approximate position latitude 40[deg]02'22.54'' N longitude
074[deg]59'22.03'' 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 9:15 p.m. to 10 p.m. on July 4, 2019.
Dated: May 23, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2019-11248 Filed 5-29-19; 8:45 am]
BILLING CODE 9110-04-P
