[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Rules and Regulations]
[Pages 58186-58188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25129]


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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: Final rule.

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SUMMARY: The Coast Guard is amending the existing recurring fireworks 
safety zone on the Delaware River Adjacent to Penn's Landing in 
Philadelphia, Pennsylvania. This amendment allows the Coast Guard to 
enforce the safety zone at this location throughout the entire year. 
The Coast Guard will 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 will 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.

DATES: This rule is effective December 19, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0371 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 Edmund Ofalt, 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 have significantly 
increased. To date in the year 2018 there have been 13 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. In accordance with good cause 
exceptions found in 5 U.S.C. 553, 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.
    In response, on September 21, 2018, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled ``Safety Zone; Penn's 
Landing Fireworks, Delaware River, Philadelphia PA'' (83 FR 47852). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action. During the comment period that ended 
October 22, 2018, we received one comment.

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 to be used in this type 
of display will be a safety concern for anyone within a 500 yard radius 
of the fireworks barge. The purpose of this rule is to ensure safety of 
vessels and the navigable waters in the safety zone before, during and 
after the scheduled event.

[[Page 58187]]

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published 
September 21, 2018. The comment was supportive of the proposed 
rulemaking. There are no changes in the regulatory text of this rule 
from the proposed rule in the NPRM.
    This rule revises the 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 will be January through December each year, 
enforcement of the safety zone will only be 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 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 will 
cover all navigable waters of the Delaware River within 500 yards of a 
fireworks barge located at approximately 39[deg]56'49'' N, longitude 
075[deg]08'11'' W, adjacent to Penn's Landing, Philadelphia, 
Pennsylvania.

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. 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. and 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 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 (Public Law 104-121), we want to assist small 
entities in understanding this 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 
principles and preemption requirements described in Executive 
Order13132.
    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 determined that this action is 
one of a

[[Page 58188]]

category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This 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. It is 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 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. In Sec.  165.506, revise entry (a)16 in the 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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    Dated: November 13, 2018,
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-25129 Filed 11-16-18; 8:45 am]
 BILLING CODE 9110-04-P