[Federal Register Volume 79, Number 126 (Tuesday, July 1, 2014)]
[Rules and Regulations]
[Pages 37209-37211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15440]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0501]
RIN 1625-AA00
Safety Zone, Delaware River; Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the Delaware
River in Philadelphia, PA, from 8:30 p.m. to 9:30 p.m. on July 1, 2014.
The safety zone will restrict vessel traffic on the Delaware River
while a fireworks event is taking place, inside a boundary described as
spanning from the Pennsylvania shore to the New Jersey shore and is
bounded in the south by a line from position 39[deg]56'18'' N,
longitude 075[deg]08'30'' W; thence to latitude 39[deg]56'17'' N,
longitude 075[deg]07'56'' W, and bounded on the north by the Benjamin
Franklin Bridge. This safety zone is necessary to protect the public
and vessels in the surrounding area from the hazards associated with a
fireworks display.
DATES: This rule is effective and will be enforced from 8:30 p.m. to
9:30 p.m. on July 1, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0501]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email If you have questions on this temporary rule, call or
email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware
Bay, Chief Waterways Management Division, Coast Guard; telephone (215)
271-4851, email [email protected]. If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this 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; the usual procedure is impracticable because
we did not receive final details for this event until May 28, 2014, and
the event is scheduled for July 1, 2014. Further, allowing this event
to go forward without a safety zone in place would expose mariners and
the public to
[[Page 37210]]
unnecessary dangers associated with fireworks displays, contrary to the
public interest.
B. Basis and Purpose
On July 1, 2014, fireworks will be launched from a barge with a
fall out zone that covers part of Delaware River. The Captain of the
Port, Sector Delaware Bay, has determined that the Delaware River
Waterfront Corp. Fireworks Display will pose significant risks to the
public. The purpose of the rule is to promote public and maritime
safety during a fireworks display, and to protect mariners transiting
the area from the potential hazards associated with a fireworks
display, such as accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone in the waters of the
Delaware River in Philadelphia, PA, from 8:30 p.m. to 9:30 p.m. on July
1, 2014. The safety zone will restrict vessel traffic from entering in
the immediate area of the fireworks barge. The fireworks barge will be
held in place by a tug inside a boundary described as spanning from the
Pennsylvania shore to the New Jersey shore and is bounded in the south
by a line from position 39[deg]56'18'' N, longitude 075[deg]08'30'' W;
thence to latitude 39[deg]56'17'' N, longitude 075[deg]07'56'' W, and
bounded on the north by the Benjamin Franklin Bridge. During the period
of the safety zone, all persons and vessels will be prohibited from
entering, transiting, mooring, or remaining within the zone, unless
specifically authorized by the Captain of the Port Delaware Bay, or her
designated representative. Those persons authorized to transit through
the safety zone shall abide by and follow all directions provided by
the Captain of the Port Delaware Bay, or her designated representative,
in order to ensure they are not disrupting the fireworks display. U.S.
Coast Guard Sector Delaware Bay will notify the public by broadcast
notice to mariners at least one hour prior to the times of enforcement.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will restrict access to the regulated area, the effect of this rule
will not be significant because: (i) The Coast Guard will make
extensive notification of the Safety Zone to the maritime public via
maritime advisories so mariners can alter their plans accordingly; (ii)
vessels may still be permitted to transit through the safety zone with
the permission of the Captain of the Port on a case-by-case basis; and
(iii) this rule will be enforced for only the duration of the fireworks
display.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to anchor or transit along a portion of the Delaware River
near Philadelphia, Pennsylvania from 8:30 p.m. to 9:30 p.m. on July 1,
2014, unless cancelled earlier by the Captain of the Port once all
operations are completed.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: Vessel
traffic will be allowed to pass through the zone with permission of the
Coast Guard Captain of the Port Delaware Bay or her designated
representative and zone is limited in size and duration. Sector
Delaware Bay will issue maritime advisories widely available to users
of the Delaware Bay and River.
3. Assistance for Small Entities
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,
above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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,
[[Page 37211]]
we do discuss the effects of this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children From Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (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 implementation of regulations within 33
CFR Part 165, applicable to safety zones on the navigable waterways.
This zone will temporarily restrict vessel traffic from transiting the
Delaware River along the shoreline of Philadelphia, Pennsylvania, in
order to protect the safety of life and property on the waters for the
duration of the fireworks display. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add temporary Sec. 165.T05-0501 to read as follows:
Sec. 165.T05-0501 Safety Zone, Delaware River; Philadelphia, PA.
(a) Location. The following area is a safety zone: All waters of
the Delaware River in Philadelphia, PA inside a boundary described as
spanning from the Pennsylvania shore to the New Jersey shore and is
bounded in the south by a line from position 39[deg]56'18'' N,
longitude 075[deg]08'30'' W; thence to latitude 39[deg]56'17'' N,
longitude 075[deg]07'56'' W, and bounded on the north by the Benjamin
Franklin Bridge.
(b) Enforcement period. This rule will be enforced from 8:30 p.m.
to 9:30 p.m. on July 1, 2014, unless cancelled earlier by the Captain
of the Port once all operations are completed.
(c) Regulations. All persons are required to comply with the
general regulations governing safety zones in 33 CFR 165.33.
(1) All persons and vessels transiting through the Safety Zone must
be authorized by the Captain of the Port or her designated
representative.
(2) Vessels granted permission to transit must do so in accordance
with the directions provided by the Captain of the Port or her
designated representative to the vessel.
(3) To seek permission to transit the Safety Zone, the Captain of
the Port's representative can be contacted via marine radio VHF Channel
16.
(4) This section applies to all vessels wishing to transit through
the Safety Zone except vessels that are engaged in the following
operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation, and
(iii) Emergency response vessels.
(5) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
(6) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
(7) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
(8) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
(d) Definitions. The Captain of the Port means the Commander of
Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the Captain of the Port to act on
her behalf.
(e) Enforcement. The U.S. Coast Guard may be assisted in the patrol
and enforcement of the Safety Zone by Federal, State, and local
agencies.
Dated: June 18, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-15440 Filed 6-30-14; 8:45 am]
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