Safety Zone; Fireworks Display, Delaware River, Philadelphia, PA, 37472-37474 [2023-12263]

Download as PDF 37472 Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Rules and Regulations fireworks displays. Our regulation for safety zones of fireworks displays within the Fifth Coast Guard District, table 1 to paragraph (h)(1) to 33 CFR 165.506, entry 10 specifies the location of the regulated area as all waters of the Delaware River adjacent to Penn’s Landing, Philadelphia, PA, within a 500-yard radius of the fireworks barge position. The approximate position for the displays is latitude 39°56′52″ N, longitude 075°08′09″ W. During the enforcement period, as reflected in § 165.506(d), vessels may not enter, remain in, or transit through the safety zone unless authorized by the Captain of the Port or designated Coast Guard patrol personnel on-scene. In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide notification of this enforcement period via Local Notice to Mariners and Broadcast Notice to Mariners. Dated: June 2, 2023. Jonathan D. Theel, Captain, U.S. Coast Guard Captain of the Port, Sector Delaware Bay. [FR Doc. 2023–12266 Filed 6–7–23; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0421] RIN 1625–AA00 Safety Zone; Fireworks Display, Delaware River, Philadelphia, PA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for waters of Delaware River near Pleasant Hill Park in Philadelphia, PA, for a barge-based fireworks display. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Delaware Bay (COTP). DATES: This rule is effective from 9 p.m. on July 4, 2023, through 10 p.m. July 5, 2023. It will only be enforced from 9 to 10 p.m. on July 4, 2023 or those same hours on the rain date of July 5, 2023. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:15 Jun 07, 2023 Jkt 259001 www.regulations.gov, type USCG–2023– 0421 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ If you have questions on this rule, call or email Petty Officer Dylan Caikowski, Sector Delaware Bay, Waterways Management Division, U.S. Coast Guard; telephone (215) 271–4814, email SecDelBayWWM@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations 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 event. The rule must be in force by July 4, 2023. We are taking immediate action to ensure the safety of spectators and the general public from hazards associated with a barge-based fireworks display. Hazards include accidental discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. For the same reasons, the Coast Guard finds good cause under 5 U.S.C. 553(d) to make this rule effective less than 30 days after publication. 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 COTP has determined that the potential hazards associated with a barge-based fireworks display will be a safety concern for anyone within 300 yards of the barge. The purpose of this rule is to ensure the safety of vessels and people in the navigable waters in the safety PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 zone before, during, and after a bargebased fireworks display. IV. Discussion of the Rule This rule establishes a temporary safety zone from 9 p.m. through 10 p.m. on July 4, 2023, or on a rain date of July 5, 2023. The safety zone will cover all navigable waters within 300 yards of a barge on the Delaware River located at approximate position latitude 40°2′22.54″ N longitude 074°59′22.03″ W. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled 9:15 p.m. to 9:40 p.m. fireworks display. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. 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. 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). This regulatory action determination is based on the following factors: (1) although persons and vessels may not enter, transit through, anchor in, or remain within the safety zone without authorization from the COTP or a designated representative, they may operate in the surrounding area during the enforcement period; (2) persons and vessels will still be able to enter, transit through, anchor in, or remain within the regulated area if authorized by the COTP; and (3) 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 E:\FR\FM\08JNR1.SGM 08JNR1 Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Rules and Regulations 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 V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this 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 call or email 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). ddrumheller on DSK120RN23PROD with RULES1 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. VerDate Sep<11>2014 15:15 Jun 07, 2023 Jkt 259001 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. 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, Rev. 1, associated implementing instructions, 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 temporary safety zone lasting 1 hour that would prohibit entry within 300 yards of a fireworks barge. It is categorically excluded from further review under paragraph L60(a) f Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 37473 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, 70124; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. 2. Add § 165.T05–0421 to read as follows: ■ § 165.T05–0421 Safety Zone; Fireworks Display, Delaware River, Philadelphia, PA. (a) Location. All navigable waters within 300 yards of a barge in the Delaware River located at approximate position latitude 40°2′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), Sector Delaware Bay in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter or remain in the zone, contact the COTP or the COTP’s representative via VHF–FM channel 16 or 215–271–4807. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (3) No vessel may take on bunkers or conduct lightering operations within the safety zone during its enforcement period. (4) This section applies to all vessels except those engaged in law enforcement, aids to navigation servicing, and emergency response operations. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement period. This zone will be enforced from approximately 9 p.m. through 10 p.m. on July 4, 2023, or on a rain date of July 5, 2023. E:\FR\FM\08JNR1.SGM 08JNR1 37474 Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Rules and Regulations Dated: June 2, 2023. Jonathan D. Theel, Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay. [FR Doc. 2023–12263 Filed 6–7–23; 8:45 am] BILLING CODE 9110–04–P POSTAL REGULATORY COMMISSION 39 CFR Part 3011 [Docket No. RM2019–13] RIN 3211–AA23 Reorganization of Postal Regulatory Commission Rules; Correction Postal Regulatory Commission. Final rule; correction. AGENCY: ACTION: On April 20, 2020, the Postal Regulatory Commission revised Commission rules. The publication of that document contained an incorrect cross-reference. This document corrects the final regulation. DATES: This rule is effective June 8, 2023. the Commission otherwise provides. Any response opposing the request shall seek an extension of non-public status by including an application for nonpublic treatment compliant with § 3011.201. This extension application shall also include specific facts in support of any assertion that commercial injury is likely to occur if the information contained in the materials is publicly disclosed despite the passage of ten years or the timeframe established by Commission order. * * * * * By the Commission. Erica A. Barker, Secretary. [FR Doc. 2023–12229 Filed 6–7–23; 8:45 am] For additional information, this document can be accessed electronically through the Commission’s website at https://www.prc.gov. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6800. SUPPLEMENTARY INFORMATION: In a rule published on February 19, 2020 (85 FR 9614), effective April 20, 2020, final rule § 3011.401(c) contained a crossreference to § 3007.201 of this chapter, instead of the correct cross-reference to § 3011.201. This document corrects that error. List of Subjects in 39 CFR Part 3011 Administrative practice and procedure, Confidential business information. For the reasons set out in the preamble, 39 CFR part 3011 is corrected as follows: PART 3011—NON-PUBLIC MATERIALS PROVIDED TO THE COMMISSION 1. The authority for part 3011 continues to read as follows: ■ ddrumheller on DSK120RN23PROD with RULES1 Authority: 39 U.S.C. 503, 504. 2. Revise § 3011.401(c) to read as follows: ■ § 3011.401 Materials for which non-public treatment has expired. * * * * * (c) Response. A response to the request is due within seven calendar days of the filing of the request, unless VerDate Sep<11>2014 15:15 Jun 07, 2023 Jkt 259001 List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. Federal Communications Commission. Nazifa Sawez, Assistant Chief, Audio Division, Media Bureau. BILLING CODE 7710–FW–P Final Rules SUMMARY: ADDRESSES: Document Format (PDF) at https:// www.fcc.gov/edocs. This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. The Commission will send a copy of the Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 23–464; MB Docket No. 23–45; RM– 11945; FR ID 146177] Radio Broadcasting Services; Peach Springs, Arizona Federal Communications Commission. ACTION: Final rule. AGENCY: This document amends the FM Table of Allotments, of the Federal Communications Commission’s (Commission) rules, by substituting Channel 287A for vacant Channel 280A at Peach Springs, Arizona to accommodate the hybrid modification application for Station KIDD(FM), Fort Mohave, Arizona to specify operation on Channel 280C2 in lieu of Channel 280A. A staff engineering analysis indicates that Channel 287A can be allotted to Peach Springs, Arizona, consistent with the minimum distance separation requirements of the Commission’s rules, with a site restriction of 12.6 km (7.8 miles) northeast of the community. The reference coordinates are 35–33–18 NL and 113–18–02 WL. DATES: Effective July 17, 2023. FOR FURTHER INFORMATION CONTACT: Rolanda F. Smith, Media Bureau, (202) 418–2054. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, adopted May 31, 2023 and released May 31, 2023. The full text of this Commission decision is available online at https://apps.fcc.gov/ecfs/. The full text of this document can also be downloaded in Word or Portable SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339. 2. In § 73.202, in paragraph (b), amend the Table of FM Allotments under Arizona, by revising the entry for ‘‘Peach Springs’’ to read as follows: ■ § 73.202 * Table of Allotments. * * * * (b) Table of FM Allotments. TABLE 1 TO PARAGRAPH (b) U.S. States Channel No. Arizona * * * Peach Springs ...................... * * * * * 287A * * [FR Doc. 2023–12235 Filed 6–7–23; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 23–476; MB Docket No. 23–86; RM– 11948; FR ID 146598] Radio Broadcasting Services; Tecopa, California Federal Communications Commission. AGENCY: E:\FR\FM\08JNR1.SGM 08JNR1

Agencies

[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Rules and Regulations]
[Pages 37472-37474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12263]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0421]
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 for 
waters of Delaware River near Pleasant Hill Park in Philadelphia, PA, 
for a barge-based fireworks display. The safety zone is needed to 
protect personnel, vessels, and the marine environment from potential 
hazards created by a fireworks display. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port, Sector Delaware Bay (COTP).

DATES: This rule is effective from 9 p.m. on July 4, 2023, through 10 
p.m. July 5, 2023. It will only be enforced from 9 to 10 p.m. on July 
4, 2023 or those same hours on the rain date of July 5, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0421 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Dylan Caikowski, 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
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 event. The rule must be in force 
by July 4, 2023. We are taking immediate action to ensure the safety of 
spectators and the general public from hazards associated with a barge-
based fireworks display. Hazards include accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris. For the same reasons, the Coast Guard finds good cause under 5 
U.S.C. 553(d) to make this rule effective less than 30 days after 
publication.

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 COTP has determined that the 
potential hazards associated with a barge-based fireworks display will 
be a safety concern for anyone within 300 yards of the barge. The 
purpose of this rule is to ensure the safety of vessels and people in 
the navigable waters in the safety zone before, during, and after a 
barge-based fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 9 p.m. through 
10 p.m. on July 4, 2023, or on a rain date of July 5, 2023. The safety 
zone will cover all navigable waters within 300 yards of a barge on the 
Delaware River located at approximate position latitude 
40[deg]2'22.54'' N longitude 074[deg]59'22.03'' W. The duration of the 
zone is intended to ensure the safety of vessels and these navigable 
waters before, during, and after the scheduled 9:15 p.m. to 9:40 p.m. 
fireworks display. No vessel or person would be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

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. 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).
    This regulatory action determination is based on the following 
factors: (1) although persons and vessels may not enter, transit 
through, anchor in, or remain within the safety zone without 
authorization from the COTP or a designated representative, they may 
operate in the surrounding area during the enforcement period; (2) 
persons and vessels will still be able to enter, transit through, 
anchor in, or remain within the regulated area if authorized by the 
COTP; and (3) 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

[[Page 37473]]

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 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this 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 
call or email 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.

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, Rev. 1, associated implementing instructions, 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 
temporary safety zone lasting 1 hour that would prohibit entry within 
300 yards of a fireworks barge. It is categorically excluded from 
further review under paragraph L60(a) f Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T05-0421 to read as follows:


Sec.  165.T05-0421  Safety Zone; Fireworks Display, Delaware River, 
Philadelphia, PA.

    (a) Location. All navigable waters within 300 yards of a barge in 
the Delaware River located at approximate position latitude 
40[deg]2'22.54'' 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), Sector Delaware Bay in the enforcement 
of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, contact the 
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (3) No vessel may take on bunkers or conduct lightering operations 
within the safety zone during its enforcement period.
    (4) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement period. This zone will be enforced from 
approximately 9 p.m. through 10 p.m. on July 4, 2023, or on a rain date 
of July 5, 2023.


[[Page 37474]]


    Dated: June 2, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2023-12263 Filed 6-7-23; 8:45 am]
BILLING CODE 9110-04-P
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