[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57319-57321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24978]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0948]
RIN 1625-AA00
Safety Zone; Delaware River; Camden, NJ; Fireworks Display
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on a
portion of the Delaware River in Camden, NJ. This action is necessary
to protect the surrounding public and vessels on these navigable waters
adjacent to the Battleship New Jersey Museum and Memorial, Camden, NJ,
during a fireworks display on November 14, 2018. This regulation
prohibits persons and vessels from entering, transiting, or remaining
within the safety zone unless authorized by the Captain of the Port
Delaware Bay or a designated representative.
DATES: This rule is effective from 8:15 p.m. through 9:15 p.m. on
November 14, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0948 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Thomas Welker, U.S. Coast Guard, Sector
Delaware Bay, Waterways Management Division; 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 September 14, 2018, Rexel, Inc. notified the Coast Guard that it
will be conducting a fireworks display from 8:35 p.m. to 8:55 p.m. on
November 14, 2018. The fireworks are to be launched from a barge on the
Delaware River adjacent the Battleship New Jersey
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Museum and Memorial, Camden, NJ. In response, on October 22, 2018, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Delaware River; Camden, NJ; Fireworks Display; 83 FR
53199. There, we stated why we issued the NPRM and invited comments on
our proposed regulatory action related to this fireworks display.
During the comment period that ended November 6, 2018, we received one
comment.
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. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because immediate action is needed to mitigate the potential safety
hazards associated with a fireworks display in this location.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Delaware Bay (COTP) has determined that
potential hazards associated with the fireworks display on November 14,
2018, will be a safety concern for anyone within a 600-foot radius of
the fireworks barge, which will be anchored in approximate position
39[deg]56'20'' N Latitude, 075[deg]08'08'' W Longitude. This rule is
needed to protect persons, vessels and the public near the fireworks
barge during the fireworks display.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published
October 22, 2018. The comment was generally supportive of the proposed
rulemaking. The comment did express concern with public notification of
the rule. The comment suggested the Coast Guard notify the public more
than once. The Coast Guard agrees that notification to the public of
the existence of this rule is a key component to ensuring safety. In
addition to publication of the NPRM and final rule in the Federal
Register, the Coast Guard will provide notification through Broadcast
Notice to Mariners and on-scene notice. There are no changes in the
regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a temporary safety zone from approximately
8:15 p.m. through 9:15 p.m. on November 14, 2018, for the navigable
waters in the vicinity of the Battleship New Jersey Museum and
Memorial, Camden, NJ, during a fireworks display from a barge. The
event is scheduled to take place at approximately 8:35 p.m. on November
14, 2018. The safety zone will extend 600 feet around the barge, which
will be anchored at approximate position 39[deg]56'20'' N Latitude,
075[deg]08'08'' W Longitude. Persons or vessels will not be permitted
to enter, transit through, or remain within the safety zone without
obtaining permission from the COTP or a designated representative.
If authorization to enter, transit through, or remain within the
safety zone is granted by the COTP or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP or a designated representative. The Coast
Guard will provide public notice of the safety zone by Broadcast Notice
to Mariners and by on-scene actual notice.
V. Regulatory Analyses
We developed this 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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Delaware River for 1 hour during
the evening when vessel traffic is normally low. Moreover, the Coast
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine
channel 16 about the zone, and the rule will allow vessels to seek
permission to enter the 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 received no comments from the Small Business
Administration on this rulemaking. 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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.
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.
C. 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).
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 rule under that Order and have
determined that it is consistent with the fundamental federalism
[[Page 57321]]
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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 rule involves a safety zone lasting 1 hour that will
prohibit entry within 600 feet of a fireworks barge. 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.
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.
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, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0948 to read as follows:
Sec. 165.T05-0948 Safety Zone; Delaware River; Camden, NJ; Fireworks
Display.
(a) Location. The following area is a safety zone: All waters of
the Delaware River within a 600-foot radius of the fireworks barge,
which will be anchored in approximate position 39[deg]56'20'' N
Latitude 075[deg]08'08'' W Longitude. All coordinates are based on
Datum NAD 1983.
(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; and all persons and vessels in the
safety zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
(2) To request permission to enter the safety zone, contact the
COTP or the COTP's representative on marine band radio VHF-FM channel
16 (156.8 MHz) or 215-271-4807.
(3) No vessel may take on bunkers or conduct lightering operations
within the safety zone during the enforcement period.
(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 8:15 p.m.
through 9:15 p.m. on November 14, 2018.
Dated: November 9, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-24978 Filed 11-14-18; 8:45 am]
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