[Federal Register Volume 90, Number 100 (Tuesday, May 27, 2025)]
[Rules and Regulations]
[Pages 22207-22209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09192]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0184]
RIN 1625-AA00
Safety Zone; Fireworks Display, Delaware River, Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
waters of Delaware River, near Pleasant Hill Park, in Philadelphia, PA
for a barge-based fireworks display on July 4, 2025. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by a fireworks display. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Sector Delaware Bay (COTP).
DATES: This rule is effective from 9 p.m. on July 4, 2025, until 10
p.m. on July 5, 2025. It will only be enforced, however, from 9 p.m. to
10 p.m. on July 4, or from 9 p.m. to 10 p.m. on a rain date of July 5.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0184 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Petty Officer Emmanuel E. Melendez, Sector Delaware Bay,
Waterways Management Division, U.S. Coast Guard; telephone (206) 815-
6688, option 3, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Delaware Bay
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 is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is impracticable
to do so. There is insufficient time to notice the rule, allow for a
reasonable comment period, and publish a rule, given that the rule must
be in force by July 4, 2025, to serve its purpose.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP has determined that the potential hazards associated
with a barge-based fireworks display will be a safety concern for
anyone within 300 yards of the barge. The purpose of this rule is to
ensure the safety of vessels and people in the navigable waters in the
safety zone before, during, and after a barge-based fireworks display.
IV. Discussion of the Rule
The COTP is establishing a safety zone which will be enforced from
9 p.m. through 10 p.m. on July 4, 2025, or a rain date of July 5, 2025,
or a rain date of July 5, 2025, from 9 p.m. through 10 p.m. The COTP,
or a designated representative, will inform the public through written
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
marine channel 16, of any adjustments to the enforcement periods of the
safety zone. The safety zone will cover all navigable waters within 300
yards of a barge on the Delaware River located near Pleasant Hill Park,
in Philadelphia, PA. The coordinates of the safety zone are provided in
the proposed language of the rule, below. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 9 p.m. to 10 p.m. fireworks
display. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative.
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.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the following
factors: (1) although persons and vessels may not enter, transit
through, anchor in, or remain within the safety zone without
authorization from the COTP or a designated representative, they may
operate in the surrounding area during the enforcement period; (2)
persons and vessels will still be able to enter, transit through,
anchor in, or remain within the regulated area if authorized by the
COTP; and (3) the Coast Guard will provide advance notification of the
safety zone to the local maritime community by Local Notice to Mariners
and Broadcast Notice to Mariners.
B. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, do not apply
this rule. They do not apply because this rule fits a 5 U.S.C.
553(b)(B) good-cause exception for notice-and-comment rulemaking.
Therefore, we were not required to publish a notice of proposed
rulemaking.
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 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
call or email 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
[[Page 22209]]
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 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.
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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting approximately 1 hour that will prohibit entry
within 300 yards of a fireworks barge. 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. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.
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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T05-0184 to read as follows:
Sec. 165.T05-0184 Safety Zone; Fireworks Display, Delaware River,
Philadelphia, PA.
(a) Location. All navigable waters within 300 yards of a barge in
the Delaware River located at approximate position latitude
40[deg]2'22'' N longitude 074[deg]59'22.67'' W.
(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 (COTP), Sector 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.
(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 9 p.m. through 10 p.m. on July 4, 2025, or a rain date of
July 5, 2025.
Dated: May 14, 2025.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2025-09192 Filed 5-23-25; 8:45 am]
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