
[Federal Register: June 15, 2010 (Volume 75, Number 114)]
[Rules and Regulations]               
[Page 33690-33692]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn10-9]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-0443]
RIN 1625-AA00

 
Safety Zone, Lights on the River Fireworks Display, Delaware 
River, New Hope, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Delaware River in New Hope, PA. The safety zone will restrict vessel 
traffic on the Delaware River from operating within 400 yards of a 
fireworks barge located at 40[deg]21'49'' N./074[deg]56'54'' W. The 
safety zone will protect life and property while preventing vessel 
traffic from navigating on the Delaware River near the Bridge Street 
Bridge and for 800 feet downriver of the bridge in New Hope, PA.

DATES: This rule is effective from June 15, 2010 through July 30, 2010. 
This rule may be enforced with actual notice starting on the signature 
date.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0443 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0443 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Ensign Gary George, Chief Waterways 
Management, Sector Delaware Bay, Coast Guard; telephone 215-271-4851, 
e-mail gary.e.george@uscg.mil. If you have questions on viewing the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule. Delaying action on this rulemaking to allow 
for a comment period would be contrary to the public interest in 
allowing this event to go on as scheduled. Furthermore, the location of 
the event and short duration (one hour once each week, in the evening) 
mean that the chance of significant impact on or interest by the 
boating public is small.
    Under 5 U.S.C. 553(d)(3), the Coast Guard further finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register for the same reason as above. 
Delaying the establishment of the safety zone could result in mariners 
approaching the fireworks barge, creating a hazardous scenario with 
potential for loss of life and property.

Basis and Purpose

    The New Hope Chamber of Commerce has contracted Garden State 
Fireworks Inc. for a fireworks display to reoccur once a week on Friday 
evenings from May 21, 2010 to July 30, 2010. The establishment of this 
safety zone will prevent vessels from entering the fireworks fallout 
area, located on the Delaware River at 40[deg]21'49'' N./
074[deg]567'54'' W. This safety zone will help protect both life and 
property on the Delaware River.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone which will 
be enforced May 21, 2010 from 8 p.m. to 9 p.m. and then every Friday 
from May 28, 2010 through July 30, 2010 from 9 p.m. until 10 p.m.
    Except for persons or vessels authorized by the Captain of the 
Port, no person or vessel may enter or remain in the regulated area 
during the enforcement period. The safety zone is necessary to protect 
life and property operating on the navigable waterways of the Delaware 
River in New Hope, PA.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. Although this regulation restricts vessel 
traffic on the navigable waters of the Delaware River, the effect of 
this regulation will not be significant due to the limited duration 
that the safety zone will be in effect. While the safety zone will be 
reoccurring on a weekly basis, the enforcement window lasts for only an 
hour in an area that is bordered downriver by rapids, minimizing local 
traffic that might pass though the affected area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit in a portion of the Delaware River, New Hope, PA Fridays from 
May 28, 2010 through July 30, 2010 from 9 p.m. until 10 p.m.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be enforced for a maximum duration of one hour. Vessel 
traffic may pass through the affected area on the Delaware River during 
time periods other than the time needed to enforce the safety zone in 
during the ``Lights on the River'' fireworks shows.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 33691]]

Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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 is categorically excluded, under figure 2-1, paragraph (34)(h), of 
the Instruction. This rule involves a limited-duration recurring safety 
zone intended to protect life and property on the navigable waterways 
of the Delaware River. An environmental analysis checklist and a 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 100

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 100 as follows:

PART 100-SAFETY OF LIFE ON NAVIGABLE WATERWAYS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat.2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add temporary Sec.  165.T05-0443, to read as follows:


Sec.  100.T05-0443  Safety Zone; Fireworks Display, Delaware River, New 
Hope, PA.

    (a) Location. The safety zone will restrict vessel traffic on the 
Delaware River from operating within 400 yards of a fireworks barge 
located at 40[deg]21'49'' N./074[deg]56'54'' W. This point is described 
as a point existing 400 ft downriver of the Bridge St. Bridge located 
in New Hope, PA, and 400 ft east of the shoreline of New Hope, PA.
    (b) Regulations. (1) No person or vessel may enter or navigate 
within this safety zone unless authorized to do so by the Captain of 
the Port or a designated representative. Any person or vessel 
authorized to enter the safety zone must operate in strict conformance 
with any directions given by the Captain of the Port or a designated 
representative and leave the safety zone immediately if so ordered.

[[Page 33692]]

    (2) All Coast Guard assets enforcing this safety zone can be 
contacted on VHF marine band radio, channels 13 and 16. The Captain of 
the Port can be contacted at (215) 271-4807.
    (3) The Captain of the Port will notify the public of any changes 
in the status of this safety zone by Marine Safety Radio Broadcast on 
VHF-FM marine band radio, channel 22 (157.1 MHZ).
    (c) Definition. ``Designated representative'' means the Commander 
of Sector Delaware Bay or any Coast Guard Commissioned, Warrant or 
Petty Officer who has been authorized by the Captain of the Port to act 
on her behalf.
    (d) Enforcement period. This rule will be enforced every Friday 
from May 28, 2010 through July 30, 2010 from 9 p.m. until 10 p.m.

    Dated: May 21, 2010.
R.T. Gatlin,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2010-14297 Filed 6-14-10; 8:45 am]
BILLING CODE 9110-04-P

