[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Rules and Regulations]
[Pages 43760-43762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18596]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0810]
RIN 1625-AA00
Safety Zone; Delaware River Fireworks Display, Delaware River,
Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Delaware River in the vicinity of Penn's
Landing, Philadelphia, PA, from 8:30 p.m. through 9:30 p.m. on
September 1, 2018, during the Delaware River Waterfront Corp 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 Delaware Bay
or a designated representative.
[[Page 43761]]
DATES: This rule is effective from 8:30 p.m. through 9:30 p.m. on
September 1, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0810 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, U.S. Coast Guard, Sector
Delaware Bay, Waterways Management Division; 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. The rule must be established by September
1, 2018, to serve its purpose of ensuring 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 display in this location.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Delaware Bay (COTP) has determined that
potential hazards associated with the fireworks display on September 1,
2018, will be a safety concern for anyone within a 500-yard radius of
the fireworks barge, which will be anchored in approximate position
39[deg]56'49.66'' N, 075[deg]08'11.69'' W. This rule is needed to
protect persons, vessels and the public near the fireworks barge during
the fireworks display.
IV. Discussion of the Rule
This rule establishes a temporary safety zone from 8:30 p.m.
through 9:30 p.m. on September 1, 2018, for the navigable waters in the
vicinity of Penn's Landing, Philadelphia, PA, during a fireworks
display from a barge. The event is scheduled to take place at
approximately 9 p.m. on September 1, 2018. The safety zone will extend
500 yards around the barge, which will be anchored at approximate
position 39[deg]56'49.66'' N, 075[deg]08'11.69'' W. Persons or vessels
will not be permitted to enter, transit through, anchor in or remain
within the safety zone without obtaining permission from the COTP or
the COTP's designated representative. If authorization to enter,
transit through, anchor in or remain within the safety zone is granted
by the COTP or the COTP's designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the COTP or the COTP's designated representative. The Coast Guard
will provide public notice of the safety zone by Broadcast Notice to
Mariners and by on-scene actual notice.
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, this rule 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, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a small designated area of the Delaware River for one hour
during the evening when vessel traffic is normally low. 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 of the COTP, they may operate in the
surrounding area during the enforcement period. Additionally, persons
and vessels will be able to enter, transit through, anchor in or remain
within the safety zone if authorized by the COTP or the COTP's
designated representative. The Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Broadcast Notice to Mariners, and by 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
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
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
[[Page 43762]]
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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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 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 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 Bay, during a fireworks display
lasting one hour. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. 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: 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.T05-0810 to read as follows:
Sec. 165.T05-0810 Safety Zone; Delaware River Fireworks Display,
Delaware River, Philadelphia, PA.
(a) Location. The following area is a safety zone: All navigable
waters of the Delaware River in the vicinity of Penn's Landing,
Philadelphia, PA, within 500 yards of the fireworks barge anchored in
approximate position 39[deg]56'49.66'' N, 075[deg]08'11.69'' W. All
coordinates are based on Datum NAD 1983.
(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 (COTP) 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 designated 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.
(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 8:30 p.m. through 9:30 p.m. on September 1, 2018.
Dated: August 23, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-18596 Filed 8-27-18; 8:45 am]
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