[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Proposed Rules]
[Pages 23242-23244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10661]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0373]
RIN 1625-AA00
Safety Zone for Marine Events, Delaware River; Philadelphia, PA
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 the Delaware River in Philadelphia, Pennsylvania. The
regulation would restrict vessel traffic on a portion of the Delaware
River from operating during a fireworks display on June 13, 2018, from
9:00 p.m. until 10:00 p.m. During the enforcement periods, no vessel
would be allowed to enter in or transit this regulated area without
approval from the Captain of the Port or a designated representative.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 4, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0373 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email MST1 Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay,
Waterways Management Division, telephone (215) 271-4889, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COT 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, Purpose, and Legal Basis
On April 14, 2018, the Delaware River Waterfront Corporation
notified the Coast Guard that it will be conducting a fireworks display
from 9:00 p.m. to 10:00 p.m. on June 13, 2018. The
[[Page 23243]]
fireworks will be launched from a barge in the Delaware River off
Penn's Landing in Philadelphia. Potential hazards from fireworks
display include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The Captain of the
Port Delaware Bay (COTP) has determined that these potential hazards
pose a safety concern.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters before, during, and after the scheduled event.
The Coast Guard proposes this rulemaking under authority in 33 U.S.C.
1231.
III. Discussion of Proposed Rule
The Captain of the Port, Delaware Bay, proposes the establishment
of a safety zone on a portion of the Delaware River, Philadelphia, PA,
to ensure the safety of persons, vessels and the public during the
event. The safety zone includes all navigable waters of the Delaware
River, adjacent to Penn's Landing, Philadelphia, PA, bounded from
shoreline to shoreline, bounded on the south by a line running east to
west from points along the shoreline commencing at latitude
39[deg]56'31.2'' N, longitude 075[deg]08'28.1'' W; thence westward to
latitude 39[deg]56'29.1'' N, longitude 075[deg]07'56.5'' W, and bounded
on the north by the Benjamin Franklin Bridge where it crosses the
Delaware River. The safety zone will be effective and enforced from
9:00 p.m. to 10:00 p.m. on June 13, 2018. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.
IV. 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 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 NPRM 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.
This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be
unable to transit the safety zone for the duration of the fireworks
display. However, this safety zone will only impact a small designated
area of the Delaware River, in Philadelphia, PA, for one hour.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 regarding the safety zone. Vessel operators
may request permission to enter the zone before and after the fireworks
display while the rule is in effect.
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
proposed rule would 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.
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 Delaware River in the vicinity of
Philadelphia, from 9:00 p.m. until 10:00 p.m. on June 13, 2018.
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
section. 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.
C. Collection of Information
This proposed rule would 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 proposed 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 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. If
you believe this proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.1D, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a 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
[[Page 23244]]
involves a safety zone lasting for one hour that would prohibit entry
portions of the Delaware River to promote public and maritime safety
during a fireworks display. Normally such actions are categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. 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 http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0373 to read as follows:
Sec. 165.T05-0373 Safety Zone; Delaware River; Philadelphia, PA.
(a) Location. The following area is a safety zone: all navigable
waters of Delaware River, adjacent to Penns Landing, Philadelphia, PA,
bounded from shoreline to shoreline, bounded on the south by a line
running east to west from points along the shoreline commencing at
latitude 39[deg]56'31.2'' N, longitude 075[deg]08'28.1'' W; thence
westward to latitude 39[deg]56'29.1'' N, longitude 075[deg]07'56.5'' W,
and bounded on the north by the Benjamin Franklin Bridge where it
crosses the Delaware River.
(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, 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 request permission to enter the safety zone, contact the
COTP or the COTP's representative on marine band radio VHF-FM channel
16 (156.8 MHz) or 215-271-4807. All persons and vessels in the safety
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
(d) Enforcement period. This section will be enforced on from 9:00
p.m. to 10:00 p.m. on June 13, 2018.
Dated: May 15, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware.
[FR Doc. 2018-10661 Filed 5-17-18; 8:45 am]
BILLING CODE 9110-04-P