[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Proposed Rules]
[Pages 47852-47855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20572]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0371]
RIN 1625-AA00


Safety Zone; Penn's Landing Fireworks, Delaware River, 
Philadelphia PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the existing recurring 
fireworks safety zone on the Delaware River adjacent to Penn's Landing 
in Philadelphia, Pennsylvania. The amendment would allow the Coast 
Guard to enforce the safety zone at this location throughout the entire 
year. The Coast Guard would notify the public of upcoming enforcement 
of the zone through publication of a Notice of Enforcement in the 
Federal Register and Broadcast Notice to Mariners. This change would 
expedite public notification of events at the location and ensure the 
protection of the maritime public and event participants from the 
hazards associated with fireworks displays in the Delaware River 
adjacent to Penn's Landing. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 22, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0371 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

[[Page 47853]]

further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Edmund Ofalt, Sector 
Delaware Bay, Waterways Management Division, U.S. 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

    The Coast Guard routinely receives requests for fireworks displays 
in the Delaware River Adjacent to Penn's Landing in Philadelphia, 
Pennsylvania. As a result, the Coast Guard previously issued a rule 
creating a recurring safety zone location for this location, listed as 
entry (a)16 in the table to 33 CFR 165.506. That regulation lists 
possible days of anticipated enforcement as July 2nd, 3rd, 4th, or 5th; 
Columbus Day; December 31st, and January 1st. In recent years, however, 
the number of firework events at this location has significantly 
increased. To date in the year 2018 there have been 9 requests for 
fireworks events at this location--many more than the anticipated 
number of approximately 3 events covered by the current regulation. The 
additional requests fall outside the enforcement dates listed in the 
CFR. As a result, the Coast Guard had to issue numerous temporary 
safety zones to cover the additional events that fall outside of the 
coverage of the current regulation. The rules creating these temporary 
safety zones are generally not preceded by notice of proposed 
rulemaking due to the short lead-time often provided to the Coast 
Guard.
    The Coast Guard proposes to revise the safety zone for the Penn's 
Landing location to allow the agency to enforce the safety zone at 
Penn's Landing anytime from January through December each year during 
times when a fireworks show is taking place. The purpose of this 
rulemaking is to ensure the safety of vessels on the navigable waters 
near the fireworks barge before, during, and after the scheduled event. 
Hazards from firework displays include accidental discharge of 
fireworks, dangerous projectiles and falling hot embers or other 
debris.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to revise its recurring fireworks safety zone 
near Penn's Landing, listed as entry (a)16 in the table to 33 CFR 
165.506. Although this safety zone would be January through December 
each year, enforcement of the safety zone would only be conducted for 
short periods of time before, during and after fireworks shows at this 
location. In order to promote clarity, Penn's Landing has been added to 
the location column of the proposed revised regulatory text. The column 
defining the boundaries of the regulated area has also been updated to 
improve clarity and more efficiently define the regulated area. The 
revised safety zone would cover all navigable waters of the Delaware 
River within 500 yards of a fireworks barge located at latitude 
39[deg]56'49'' N, longitude 075[deg]08'11'' W, adjacent to Penn's 
Landing, Philadelphia, Pennsylvania.
    The requirements of 33 CFR 165.506(a) would still apply. 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. Only a small, 
designated area of the Delaware River will be impacted during 
enforcement. Consistent with the current regulatory text found in 33 
CFR 165.506(d), the default time period this zone will be enforced 
during each activation is between 5:30 p.m. to 1 a.m. That regulation, 
however, allows for modifications in this timeframe. In practice, the 
zone is typically activated with only a two-hour enforcement time 
period. During the evening, when enforcement is occurring, commercial 
and recreational traffic is normally low. Notification of enforcement 
dates and times will be made, at a minimum, to the maritime community 
via Notice of Enforcement published in the Federal Register, Broadcast 
Notice to Mariners, and actual notice will be provided via on-scene 
enforcement vessels. 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.

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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 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. Amend Sec.  165.506 by revising entry (a)16 in Table to Sec.  
165.506 to read as follows:


Sec.  165.506  Safety Zones; Fireworks Displays in the Fifth Coast 
Guard District.

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                         Table to Sec.   165.506
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             (a) Coast Guard Sector Delaware Bay--COTP Zone
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                              * * * * * * *
16 January 1st-December 31st:   Penn's Landing,    All waters of
 Any day specified by Notice     Delaware River,    Delaware River,
 of Enforcement published in     Philadelphia PA;   adjacent to Penn's
 the Federal Register and        Safety Zone.       Landing,
 broadcast via Broadcast                            Philadelphia, PA,
 Notice to Mariners.                                within 500 yards of
                                                    a fireworks barge at
                                                    approximate position
                                                    latitude
                                                    39[deg]56'49'' N,
                                                    longitude
                                                    075[deg]08'11'' W.
 
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[[Page 47855]]

    Dated: September 18, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-20572 Filed 9-20-18; 8:45 am]
 BILLING CODE 9110-04-P