[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Proposed Rules]
[Pages 53199-53201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22911]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0948]
RIN 1625-AA00
Safety Zone; Delaware River; Camden, NJ; Fireworks Display
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 a portion of the Delaware River in Camden, NJ. This action is
necessary to protect the surrounding public and vessels on these
navigable waters adjacent to the Battleship New Jersey Museum and
Memorial, Camden, NJ, during a fireworks display on November 14, 2018.
This proposed rulemaking would prohibit persons and vessels from
entering, transiting, or remaining within the safety zone unless
authorized by the Captain of the Port Delaware Bay 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 November 6, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0948 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
proposed rulemaking, 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, Purpose, and Legal Basis
On September 14, 2018, Rexel, Inc notified the Coast Guard that it
will be conducting a fireworks display from 8:35 p.m. to 8:55 p.m. on
November 14, 2018. The fireworks are to be launched from a barge in the
Delaware River adjacent to the Battleship New Jersey Museum and
Memorial, Camden, NJ. Hazards from fireworks displays 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 potential hazards associated with the fireworks to
be used in this display would be a safety concern for anyone within a
600-foot radius of the barge.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 600-foot radius of the fireworks
barge 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 COTP is proposing to establish a safety zone from approximately
8:15 p.m. through 9:15 p.m. on November 14, 2018. The safety zone would
cover all navigable waters within 600 feet of a fireworks barge in the
Delaware River adjacent to the Battleship New Jersey Museum and
Memorial, Camden, NJ. The barge will be anchored in approximate
position 39[deg]56'20'' N Latitude, 075[deg]08'08'' W Longitude. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled 8:35
p.m. to 8:55 p.m. fireworks display. No vessel or person would be
permitted to enter, transit, or remain within 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, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Delaware River for one hour
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.
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 proposed rule would not have a significant economic
impact on any vessel owner or operator.
[[Page 53200]]
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.
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 involves a safety zone lasting one hour
that would prohibit entry within 600 feet of a fireworks barge.
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. A preliminary Record of Environmental
Consideration supporting this determination is 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.
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.T05-0948 to read as follows:
Sec. 165.T05-0948 Safety Zone; Delaware River; Camden, NJ; Fireworks
Display.
(a) Location. The following area is a safety zone: all waters of
the Delaware River within a 600-foot radius of the fireworks barge,
which will be anchored in approximate position 39[deg]56'20'' N
Latitude 075[deg]08'08'' W Longitude. 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 in the enforcement of the safety
zone.
[[Page 53201]]
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part--
(i) 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; and
(ii) 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.
(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.
(3) No vessel may take on bunkers or conduct lightering operations
within the safety zone during the 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 8:15 p.m.
through 9:15 p.m. on November 14, 2018.
Dated: October 15, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-22911 Filed 10-19-18; 8:45 am]
BILLING CODE 9110-04-P