[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Proposed Rules]
[Pages 19189-19191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09233]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0286]
RIN 1625-AA00


Safety Zone; Fireworks, 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 
for multiple fireworks events launched in the vicinity of Penn's 
Landing, Philadelphia, Pennsylvania, for waters of the Delaware River, 
Philadelphia, PA. Establishment of this safety zone is necessary to 
enhance safety of life on navigable waters immediately prior to, 
during, and immediately after these fireworks events. During the 
enforcement periods, no vessel may enter in or transit this regulated 
area without approval from 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 May 9, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0286 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 Edmund Ofalt, U.S. 
Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast 
Guard; 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 March 1, 2018, the Coast Guard was notified of fireworks events 
planned for May 24, 25, 26, and 27, 2018. Hazards from fireworks 
displays include accidental discharge, dangerous projectiles and 
falling hot embers or other debris. The COTP Delaware Bay has 
determined that a temporary safety zone is necessary to provide safety 
on the navigable waters of the Delaware River during these fireworks 
events, and to enhance safety of the public, spectators, and vessels.
    The purpose of this rulemaking is to ensure the safety of vessels 
and navigable waters immediately prior to, during, and immediately 
after these fireworks events. The Coast Guard is issuing this rule 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP Delaware Bay proposes to establish a safety zone on the 
Delaware River adjacent to Penns Landing in Philadelphia, PA, May 24, 
2018, through May 27, 2018. The safety zone will be enforced from 
approximately 8 p.m. to 11 p.m. on nights on which fireworks are being 
displayed from a barge in the Delaware River. These fireworks displays 
may be held on May 24th, 25th, 26th, and 27th, or on only some of these 
dates. Notification of enforcement dates and times will be published in 
the Coast Guard District 5 Local Notice to Mariners and broadcast via 
Broadcast Notice to Mariners. The safety zone will include 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 
connecting 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 southern edge of 
the Benjamin Franklin Bridge where it crosses the Delaware River.
    Access to this safety zone will be restricted during the specified

[[Page 19190]]

enforcement dates and time periods. Vessels may not take on bunkers or 
conduct lightering operations inside the zone during times of 
enforcement. Only vessels or persons specifically authorized by the 
COTP Delaware Bay or designated representative may enter or remain in 
the regulated area. Requests to enter or remain in the zone will be 
required to be submitted to the COTP Delaware Bay, or his designated 
representative via VHF-FM channel 16 or 217-271-4807. Vessels engaged 
in law enforcement, servicing of aids to navigation, and emergency 
response will be exempt from these requirements.
    The regulatory text we are proposing can be found 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. The proposed 
safety zone will impact waters affected by this rule on May 24, 25, 26, 
and 27, 2018 from 8 p.m. to 11 p.m. During this time of day commercial 
and recreational traffic is normally low. Notifications of enforcement 
dates and times will be made to the maritime community via Broadcast 
Notice to Mariners and Local Notice to Mariners so that plans may be 
adjusted accordingly. Notifications will be updated as necessary, to 
keep the maritime community informed of the status of the safety 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.
    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 that will only 
be enforced for a short duration and excludes vessels from entry into 
or remaining within a specified area on the Delaware River. 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

[[Page 19191]]

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.T05-0286 to read as follows:


Sec.  165.T05-0286  Safety Zone; Safety Zone; Fireworks, Delaware 
River, Philadelphia PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of 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. These coordinates are based on the 1984 
World Geodedic System (WGS 84).
    (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 seek permission to enter or remain in the zone, contact the 
COTP or the COTP's 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 period(s).
    (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 p.m. to 11 p.m. on nights on which fireworks are being 
displayed from a barge beginning May 24 through May 27, 2018. Starting 
and ending times for the enforcement of the safety zone will be 
broadcast via Broadcast Notice to Mariners and published in the weekly 
Local Notice to Mariners.

    Dated: April 26, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-09233 Filed 5-1-18; 8:45 am]
BILLING CODE 9110-04-P