[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