[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
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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.
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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.
* * * * *
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