[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Proposed Rules]
[Pages 42072-42075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17482]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0563]
RIN 1625-AA00
Safety Zone, Indian River Bay; Millsboro, DE
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of Indian River Bay adjacent to Millsboro, Delaware. The
safety zone will restrict vessel traffic on Indian River Bay in the
vicinity of a fireworks barge on August 22 and September 26, 2015, from
8:45 p.m. until 10:15 p.m. on each day. Should inclement weather
require cancellation of the fireworks display on the above scheduled
dates, the safety zone will be enforced from 8:45 p.m. to 10:15 p.m. on
August 23 and September 27, 2015. This safety zone is necessary to
protect the surrounding public and vessels from the
[[Page 42073]]
hazards associated with a fireworks display.
DATES: Comments and related material must be received by the Coast
Guard on or before July 23, 2015.
ADDRESSES: You may submit comments identified by docket number USCG-
2015-0563 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
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
COTP Captain of the Port
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (Docket Number USCG-2015-0563), indicate the specific
section of this document to which each comment applies, and provide a
reason for each suggestion or recommendation. You may submit your
comments and material online at http://www.regulations.gov, or by fax,
mail, or hand delivery, but please use only one of these means. If you
submit a comment online, it will be considered received by the Coast
Guard when you successfully transmit the comment. If you fax, hand
deliver, or mail your comment, it will be considered as having been
received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email address, or a telephone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number (USCG-2015-0563) in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2015-0563) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue Federal
Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
B. Regulatory History and Information
This NPRM represents the first time the Coast Guard is seeking
comments on the proposed safety zone at this location.
C. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C 1231; 33 CFR 1.05-1, 160.5; Department
of Homeland Security Delegation No. 0170.1.
The purpose of this safety zone is to protect mariners and
spectators from the hazards associated with the fireworks display, such
as accidental discharge of fireworks, dangerous projectiles, and
falling hot embers or other debris.
D. Discussion of Proposed Rule
The Captain of the Port, Delaware Bay, proposes to establish a
safety zone on specified waters that will encompass all waters of
Indian River Bay, within a 200-foot radius of the fireworks barge in
approximate position 38-36.58 N., 075-09.00 W., adjacent to Millsboro,
Delaware. The safety zone will be enforced from 8:45 p.m. to 10:15 p.m.
on August 22 and September 26, 2015, unless cancelled earlier by the
Captain of the Port. Should inclement weather require cancellation of
the fireworks display on the above scheduled dates, the safety zone
will be enforced from 8:45 p.m. to 10:15 p.m. on August 23 and
September 27, 2015, respectively.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Delaware Bay,
or his designated representative. The Captain of the Port, Delaware
Bay, or his representative may be contacted via VHF channel 16 or at
215-271-4807.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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
[[Page 42074]]
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: 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;
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
the size and duration of the zone are relatively limited in scope.
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
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule would affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to anchor or transit along Indian River Bay, adjacent to
Millsboro, Delaware, on August 22 and September 26, 2015, respectively
from 8:45 p.m. until 10:15 p.m., unless cancelled earlier by the
Captain of the Port.
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 his designated
representative and the safety zone is limited in size and duration. The
Coast Guard will issue maritime advisories widely available to users of
Indian River Bay.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves implementation of regulations within 33 CFR part 165,
applicable to safety zones on the
[[Page 42075]]
navigable waterways. This zone will temporarily restrict vessel traffic
from anchoring or transiting a portion of Indian River Bay near
Millsboro, Delaware, in order to protect the safety of life and
property on the waters while a fireworks display is conducted. This
rule is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. A preliminary
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
proposed 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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T05-0563 to read as follows:
Sec. 165.T05-0563 Safety Zone, Indian River Bay; Millsboro, DE.
(a) Regulated area. The following area is a safety zone: All waters
of Indian River Bay within a 200-foot radius of a fireworks barge
located approximately at position 38-36.58 N., 075-09.00 W. near
Millsboro, Delaware.
(b) Regulations. The general safety zone regulations found in
subpart C of this part apply to this safety zone created by this
section.
(1) All persons and vessels are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port or his
designated representative.
(2) 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.
(3) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
(4) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port; and
(5) 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.
(c) Definitions. In this section--
Captain of the Port means the Commander, Coast Guard 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 his
behalf.
Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Delaware Bay, to assist in enforcing the safety zone described in
paragraph (a) of this section.
(d) Enforcement agencies. The U.S. Coast Guard may be assisted by
Federal, State, and local agencies in the patrol and enforcement of the
zone.
(e) Enforcement period. This safety zone will be enforced on August
22 and September 26, 2015, from 8:45 p.m. until 10:15 p.m., unless
cancelled earlier by the Captain of the Port. Should inclement weather
require cancellation of the fireworks display on the above scheduled
dates, the safety zone will be enforced between 8:45 p.m. and 10:15
p.m. on August 23 and September 27, 2015, unless cancelled earlier by
the Captain of the Port.
Dated: June 29, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-17482 Filed 7-15-15; 8:45 am]
BILLING CODE 9110-04-P