[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Rules and Regulations]
[Pages 34316-34318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14797]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0317]
RIN 1625-AA00


Safety Zone, Indian River Bay; Millsboro, Delaware

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Indian River Bay adjacent to Millsboro, Delaware. The safety 
zone will restrict vessel traffic in Indian River Bay within a 200 foot 
radius of a fireworks barge. This safety zone is necessary to protect 
the surrounding public and vessels from the hazards associated with a 
fireworks display.

DATES: This safety zone is effective without actual notice from June 
16, 2015, until July 5, 2015. For the purposes of enforcement, actual 
notice will be used from May 23, 2015 until June 16, 2015. It will be 
enforced on May 23 and July 4, 2015 with rain dates of May 24 and July 
5, respectively, from 8:45 p.m. (EST) to 10:15 p.m. (EST), unless 
cancelled earlier by the Captain of the Port.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0317]. 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 because a safety zone is in the public interest in 
that the final details for this event were not received by the Coast 
Guard until April 20, 2015, and the first event is scheduled for May 
23, 2015. Further, allowing this event to go forward without a safety 
zone in place would expose mariners and the public to unnecessary 
dangers associated with fireworks displays.
    For similar reasons, 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.

B. 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.
    On May 23 and July 4, 2015, with rain dates of May 24 and July 5, 
2015, fireworks will be launched from a barge with a fall out zone that 
covers part of Indian River Bay near Millsboro, Delaware. 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.

[[Page 34317]]

C. Discussion of the Final Rule

    To mitigate the risks associated with a fireworks display, the 
Captain of the Port, Delaware Bay will establish a temporary safety 
zone on the Indian River Bay, near Millsboro, Delaware. The safety zone 
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 May 23 and July 4, 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 
May 24 and July 5, 2015, respectively.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port, Delaware Bay, 
or her designated representative. The Captain of the Port, Delaware 
Bay, or her representative may be contacted via VHF channel 16 or at 
215-271-4807.

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) 
entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port, Delaware Bay; 
(iii) this rule will be enforced for only the duration of the fireworks 
display, and (iv) 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 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 Indian River Bay, 
adjacent to Millsboro, Delaware, on May 23 and July 4, 2015, with rain 
dates of May 24 and July 5, 2015, from 8:45 p.m. to 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: The 
safety zone is limited in size and duration. Sector Delaware Bay will 
issue maritime advisories widely available to users of the Indian River 
Bay.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 expenditure, 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.

[[Page 34318]]

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 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 
firework display is conducted. 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; 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.T05-0317, to read as follows:


Sec.  165.T05-0317  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 38-36.58N, 075-09.00W near Millsboro, 
Delaware.
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this section (Sec.  
165.T05-0317).
    (1) All persons and vessels are prohibited from entering this zone, 
except as authorized by the Coast Guard Captain of the Port or her 
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;
    (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; and
    (6) 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.
    (c) Definitions--(1) 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 her behalf.
    (2) 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. 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 section will be enforced between 8:45 
p.m. to 10:15 p.m. on May 23 and July 4, 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 between 8:45 p.m. and 10:15 p.m. on May 24 
and July 5, 2015, unless cancelled earlier by the Captain of the Port.

    Dated: May 7, 2015.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-14797 Filed 6-15-15; 8:45 am]
 BILLING CODE 9110-04-P