Safety Zone; Fireworks Display, Delaware River, Philadelphia, PA, 30912-30914 [2019-13770]
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Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
designated representative. Persons or
vessels desiring to enter the zonemust
request permission from the COTP or a
designated representative. They can be
reached on VHF FM channel 16 or by
telephone at (361) 939–0450.
If permission is granted, all persons
and vessels shall comply with the
instructions of the COTP or designated
representative. In addition to this notice
of enforcement in the Federal Register,
the COTP or a designated representative
will inform the public through
Broadcast Notice to Mariners (BNM),
Local Notices to Mariners (LNM),
Marine Safety Information Broadcasts
(MSIBs), and/or through other means of
public notice as appropriate at least 24
hours in advance of each enforcement.
Dated: June 20, 2019.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing 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 prohibits persons and nonparticipant 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.
khammond on DSKBBV9HB2PROD with RULES
SUMMARY:
This rule is effective from 9:15
p.m. through 10 p.m. on July 4, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0338 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
DATES:
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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.
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
[FR Doc. 2019–13798 Filed 6–27–19; 8:45 am]
ACTION:
Folder on the line associated with this
rule.
Pyrotechnico Fireworks notified the
Coast Guard that it will be conducting
a fireworks 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. In response, on May 30,
2019, the Coast Guard published a
notice of proposed (NPRM) titled Safety
Zone; Fireworks Display, Delaware
River, Philadelphia, PA, 84 FR 25022.
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 June 10,
2019, 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. The rule
needs to be in place by July 4, 2019, 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 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Delaware Bay
(COTP) has determined that potential
hazards associated with the fireworks to
be used in this July 4, 2019, display will
be a safety concern for anyone within a
200-yard radius of the barge. The
purpose of this rule is to ensure safety
of vessels and the navigable waters in
the safety zone before, during, and after
the scheduled event.
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IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published May
30, 2019. The comment was supportive
of the establishment of a safety zone for
the fireworks display. Thus, 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 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 will
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.
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, the 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.
The impact of this rule is not
significant for the following reasons: (1)
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Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
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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 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 IV.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 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
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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
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 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
determination that this action is one of
a category of actions that do not
individually or cumulatively have a
significant effect on the human
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30913
environment. This rule involves a
temporary safety zone that prohibits
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. It is
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 Record of Environmental
Consideration (REC) 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
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:
■
§ 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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Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
(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: June 24, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2019–13770 Filed 6–27–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0393]
RIN 1625–AA00
Safety Zone: City of Benicia Fourth of
July Fireworks Display, Carquinez
Strait, Benicia, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of the Carquinez
Strait near Benicia, CA in support of the
Benicia Fourth of July Fireworks
Display on July 4, 2019. This safety zone
is necessary to protect personnel,
vessels, and the marine environment
from the dangers associated with
pyrotechnics. Unauthorized persons and
vessels are prohibited from entering
into, transiting through, or remaining in
the safety zone without permission of
the Captain of the Port San Francisco or
a designated representative.
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SUMMARY:
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16:17 Jun 27, 2019
Jkt 247001
This rule is effective from 9:15
p.m. through 10:35 p.m. on July 4, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0393 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 Lieutenant Junior Grade Jennae
Cotton, Waterways Management, U.S.
Coast Guard; telephone (415) 399–3585,
email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Acronyms
COTP Captain of the Port San Francisco
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule. Since the Coast
Guard received final details of this event
on April 18, 2019, notice and comment
procedures would be impracticable in
this instance.
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. For similar reasons as stated
above, notice and comment procedures
would be impractical in this instance
due to the short notice provided for this
event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Francisco
(COTP) has determined that potential
hazards associated with the Benicia
Fourth of July Fireworks Display on July
4, 2019, will be a safety concern for
anyone within a 420-foot radius of the
fireworks firing site. This rule is needed
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to protect personnel, vessels, and the
marine environment in the navigable
waters around the safety zone during
the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone around the fireworks firing
site for the Benicia Fourth of July
Fireworks Display. At 9:15 p.m. on July
4, 2019, 30 minutes prior to the
commencement of the 20-minute
fireworks display, the safety zone will
encompass the navigable waters of the
Carquinez Strait, from surface to bottom,
within a circle formed by connecting all
points 420 feet out from the fireworks
firing site located on the Benicia 1st
Street public pier at approximate
position 38°02′40″ N, 122°09′55″ W
(NAD 83). The safety zone will
terminate at approximately 10:35 p.m.
on July 4, 2019.
The effect of the safety zone is to
restrict navigation in the vicinity of the
fireworks firing site. Except for persons
or vessels authorized by the COTP or
the COTP’s designated representative,
no person or vessel may enter or remain
in the restricted area. This regulation is
needed to keep spectators and vessels
away from the immediate vicinity of the
fireworks firing site to ensure the safety
of participants, spectators, and
transiting vessels.
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 limited duration and
narrowly tailored geographic area of the
safety zone. Although this rule restricts
access to the waters encompassed by the
safety zone, the effect of this rule will
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]]>Agencies
[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30912-30914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13770]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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 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.
DATES: This rule is effective from 9:15 p.m. through 10 p.m. on July 4,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0338 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 Information and Regulatory History
Pyrotechnico Fireworks notified the Coast Guard that it will be
conducting a fireworks 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. In response, on May 30,
2019, the Coast Guard published a notice of proposed (NPRM) titled
Safety Zone; Fireworks Display, Delaware River, Philadelphia, PA, 84 FR
25022. 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 June 10, 2019, 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.
The rule needs to be in place by July 4, 2019, 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 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Delaware Bay
(COTP) has determined that potential hazards associated with the
fireworks to be used in this July 4, 2019, display will be a safety
concern for anyone within a 200-yard radius of the barge. The purpose
of this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published May
30, 2019. The comment was supportive of the establishment of a safety
zone for the fireworks display. Thus, 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 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
will 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.
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, the 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.
The impact of this rule is not significant for the following
reasons: (1)
[[Page 30913]]
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 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
IV.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 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
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 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 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 temporary safety zone that
prohibits 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. It is 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 Record of Environmental
Consideration (REC) 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: 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.
[[Page 30914]]
(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: June 24, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2019-13770 Filed 6-27-19; 8:45 am]
BILLING CODE 9110-04-P
