Safety Zone; Fireworks Display, Delaware River, Chester, PA, 43502-43504 [2019-17964]
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Federal Register / Vol. 84, No. 162 / Wednesday, August 21, 2019 / Rules and Regulations
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telephone numbers for the bridge tender
and dispatch. A countdown clock giving
notice of time remaining before bridge
closure shall remain at the bridge site
and must be visible for maritime traffic.
(4) A bridge log will be maintained
including, at a minimum, bridge
opening and closing times.
(5) When the draw is in the fully open
position, green lights will be displayed
to indicate that vessels may pass.
(6) When a train approaches, the
lights go to flashing red then the draw
lowers and locks.
(7) After the train has cleared the
bridge, the draw opens and the lights
return to green.
(8) The bridge shall not be closed
more than 60 minutes combined in each
consecutive 120-minute block of time
beginning at 12:01 a.m. each day. At no
time will the bridge be closed to
navigation for more than 60 consecutive
minutes of time.
(9) The bridge shall remain open to
maritime traffic when trains are not
crossing.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will be able to
open for emergencies and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
II. 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
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16:52 Aug 20, 2019
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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.
Dated: August 19, 2019.
Barry Dragon,
Director, Bridge Branch, Seventh Coast Guard
District.
[FR Doc. 2019–18109 Filed 8–19–19; 4:15 pm]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0690]
RIN 1625–AA00
Safety Zone; Fireworks Display,
Delaware River, Chester, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Delaware River near
Talen Energy Stadium in Chester, PA,
from 9:30 p.m. to 10:30 p.m. on August
31, 2019, during the Philadelphia Union
Post-Game 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 9:30
p.m. through 10:30 p.m. on August 31,
2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0690 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,
Sector Delaware Bay, Waterways
Management Division, U.S. Coast
Guard; telephone (215) 271–4814, email
Thomas.j.welker@uscg.mil.
SUMMARY:
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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
The Coast Guard is issuing this
temporary 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 because it is
impracticable and contrary to the public
interest to do so. There is insufficient
time to allow for a reasonable comment
period prior to the date of the event. The
rule must be in force by August 31,
2019. We are taking immediate action to
ensure the safety of spectators and the
general public from hazards associated
with the fireworks display. Hazards
include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to the public interest because
immediate action is needed to mitigate
the potential safety hazards associated
with a fireworks displays 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. The
Captain of the Port Delaware Bay
(COTP) has determined that potential
hazards associated with the fireworks to
be used in this August 31, 2019 display
will be a safety concern for anyone
within a 300 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 the Rule
This rule establishes a temporary
safety zone on the waters of the
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Federal Register / Vol. 84, No. 162 / Wednesday, August 21, 2019 / Rules and Regulations
Delaware River near Talen Energy
Stadium in Chester, PA, during a
fireworks display scheduled to take
place between 9:30 p.m. and 10:30 p.m.
on August 31, 2019. The fireworks will
be launched from a barge in the river,
which will be anchored at approximate
position latitude 39°49′43″ N, longitude
075°22′39″ W. The safety zone includes
all navigable waters within 300 yards of
the fireworks 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.
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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 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 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, a
portion of the channel will remain open
so that persons and vessels will be able
to operate in the surrounding area
during the enforcement period; (3)
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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, and 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
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
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43503
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 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 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
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves 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
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Federal Register / Vol. 84, No. 162 / Wednesday, August 21, 2019 / Rules and Regulations
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:
Dated: August 15, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay.
[FR Doc. 2019–17964 Filed 8–20–19; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
2. Add § 165.T05–0690 to read as
follows:
■
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§ 165.T05–0690 Safety Zone; Fireworks
Display, Delaware River, Chester, PA.
Jkt 247001
[EPA–R02–OAR–2019–0164; FRL–9998–58–
Region 2]
Approval of Air Quality Implementation
Plans; New Jersey; Determination of
Attainment for the 1971 Sulfur Dioxide
National Ambient Air Quality Standard;
Warren County Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
(a) Location. The following area is a
safety zone: All waters of Delaware
River off Chester, PA, within 300 yards
of the barge anchored in approximate
position latitude 39°49′43″ N, longitude
075°22′39″ 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
16:52 Aug 20, 2019
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
VerDate Sep<11>2014
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) Effective period. This safety zone
will be effective and enforced from 9:30
p.m. until 10:30 p.m. on August 31,
2019.
The Environmental Protection
Agency (EPA) is finalizing a
determination that the New Jersey
portion of the Northeast PennsylvaniaUpper Delaware Valley Interstate Air
Quality Control Region (Warren County)
Sulfur Dioxide (SO2) Nonattainment
Area has attained the 1971 SO2 primary
and secondary National Ambient Air
Quality Standards (NAAQS). This
action does not constitute a
redesignation to attainment. The Warren
County Nonattainment Area will remain
nonattainment for the 1971 primary and
secondary NAAQS until the EPA
determines that the Area meets the
Clean Air Act (CAA) requirements for
redesignation to attainment, including
an approved maintenance plan. This
action is being taken under the CAA.
DATES: This final rule is effective on
September 20, 2019.
SUMMARY:
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The EPA has established a
docket for this action under Docket ID
Number EPA–R02–OAR–2019–0164. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available through
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Kenneth Fradkin, (212) 637–3702, or by
email at fradkin.kenneth@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
The EPA designated all of Warren
County, New Jersey as attainment for
the 1971 SO2 primary and secondary
NAAQS on March 3, 1978 (43 FR 8962).
On December 31, 1987 (52 FR 49408),
the EPA redesignated portions of
Warren County as nonattainment for
both the primary and secondary 1971
SO2 NAAQS at the request of the State
of New Jersey (the State) to revise the air
quality designation for the area. EPA
issued a minor correction to the
redesignation on March 14, 1988 (53 FR
8182).
The 1971 SO2 NAAQS consisted of
two primary standards for the protection
of public health and one secondary
standard for the protection of public
welfare. The primary SO2 NAAQS
addressed 24-hour average and annual
average ambient SO2 concentrations.
The secondary standard addressed 3hour average ambient SO2
concentrations. The level of the annual
SO2 standard was 0.03 parts per million
(ppm) (or 80 micrograms per cubic
meter (mg/m3)) not to be exceeded in a
calendar year. See 40 CFR 50.4(a). The
level of the 24-hour standard was 0.14
ppm (or 365 mg/m3), not to be exceeded
more than once per calendar year. See
40 CFR 50.4(b). The level of the
secondary SO2 standard is a 3-hour
standard of 0.5 ppm (or 1300 mg/m3),
not to be exceeded more than once per
calendar year. See 40 CFR 50.5(a).
The EPA initially designated all of
Warren County, which is part of the
Northeast Pennsylvania-Upper Delaware
Valley Interstate Air Quality Control
Region (AQCR), as ‘‘better than national
standards’’ (otherwise known as
‘‘attainment’’) for the 1971 primary and
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]]>Agencies
[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Rules and Regulations]
[Pages 43502-43504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17964]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0690]
RIN 1625-AA00
Safety Zone; Fireworks Display, Delaware River, Chester, 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 Talen Energy Stadium in Chester, PA,
from 9:30 p.m. to 10:30 p.m. on August 31, 2019, during the
Philadelphia Union Post-Game 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 9:30 p.m. through 10:30 p.m. on
August 31, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0690 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, Sector Delaware Bay,
Waterways Management Division, U.S. Coast Guard; telephone (215) 271-
4814, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 because it is impracticable and contrary to
the public interest to do so. There is insufficient time to allow for a
reasonable comment period prior to the date of the event. The rule must
be in force by August 31, 2019. We are taking immediate action to
ensure the safety of spectators and the general public from hazards
associated with the fireworks display. Hazards include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the potential safety
hazards associated with a fireworks displays 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. The Captain of the Port Delaware Bay (COTP) has determined that
potential hazards associated with the fireworks to be used in this
August 31, 2019 display will be a safety concern for anyone within a
300 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 the Rule
This rule establishes a temporary safety zone on the waters of the
[[Page 43503]]
Delaware River near Talen Energy Stadium in Chester, PA, during a
fireworks display scheduled to take place between 9:30 p.m. and 10:30
p.m. on August 31, 2019. The fireworks will be launched from a barge in
the river, which will be anchored at approximate position latitude
39[deg]49'43'' N, longitude 075[deg]22'39'' W. The safety zone includes
all navigable waters within 300 yards of the fireworks 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 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 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, a portion of the channel will remain open so that
persons and vessels will be able to 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, and 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
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 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 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
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves 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
[[Page 43504]]
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; 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.T05-0690 to read as follows:
Sec. 165.T05-0690 Safety Zone; Fireworks Display, Delaware River,
Chester, PA.
(a) Location. The following area is a safety zone: All waters of
Delaware River off Chester, PA, within 300 yards of the barge anchored
in approximate position latitude 39[deg]49'43'' N, longitude
075[deg]22'39'' 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) Effective period. This safety zone will be effective and
enforced from 9:30 p.m. until 10:30 p.m. on August 31, 2019.
Dated: August 15, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2019-17964 Filed 8-20-19; 8:45 am]
BILLING CODE 9110-04-P
