
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Rules and Regulations]
[Pages 53465-53467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21953]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0823]
RIN 1625-AA00


Safety Zone, Labor Day Long Neck Style Fireworks, Indian River 
Bay; Long Neck, DE

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Indian River Bay in Long Neck, DE. The safety zone will 
restrict vessel traffic on a portion of Indian River Bay from operating 
while a fireworks event is taking place. This temporary safety zone is 
necessary to protect the surrounding public and vessels from the 
hazards associated with a fireworks display.

DATES: This rule is effective from 8:00 p.m. to 10:00 p.m. on September 
6, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0823]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email If you have questions on this temporary rule, call or 
email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware 
Bay, Chief Waterways Management Division, Coast Guard; telephone 
(215)271-4851, email Brennan.P.Dougherty@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    The Coast Guard is issuing this 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 as publishing an NPRM is impracticable given 
that the final details for this event were not received by the Coast 
Guard until August 18, 2015, and this event is scheduled for September 
6, 2015.
    For similar reasons, 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.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 33 CFR 1.05-1, 160.5; Department of Homeland Security 
Delegation No. 0170.1.
    The purpose of this safety zone is to protect mariners and 
spectators from the hazards associated with the fireworks display, such 
as accidental discharge of fireworks, dangerous projectiles, and 
falling hot embers or other debris.

C. Discussion of the Final Rule

    To mitigate the risks associated with the Labor Day Long Neck Style 
Fireworks Display, the Captain of the Port, Delaware Bay is 
establishing a temporary safety zone in the vicinity of the launch 
site. The safety zone will encompass all waters of Indian River Bay 
within a 230 Yard radius of the fireworks launch platform in 
approximate position 38[deg]36'35.8'' N., 075[deg]09'04.4'' W. in Long 
Neck, DE. The safety zone will be effective and enforced from 8:00 p.m. 
until 10:00 p.m. on September 6, 2015. Entry into, transiting, or 
anchoring within the safety zone is prohibited unless authorized by the 
Captain of the Port, Delaware Bay, or his on-scene representative. The 
Captain of the Port, Delaware Bay, or his on-scene representative may 
be contacted via VHF channel 16.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. Although this regulation 
will restrict access to the regulated area, the effect of this rule 
will not be significant because: the Coast Guard will make extensive 
notification of the Safety Zone to the maritime public via maritime 
advisories so mariners can alter their plans accordingly, vessels may 
still be permitted to transit through the safety

[[Page 53466]]

zone with the permission of the Captain of the Port on a case-by-case 
basis, and this rule will be enforced for only the duration of the 
fireworks display.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 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 anchor or transit along a portion of Indian River Bay in 
Long Neck, DE from 8:00 p.m. until 10:00 p.m. on September 6, 2015, 
unless cancelled earlier by the Captain of the Port once all operations 
are completed.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons stated under 
paragraph D.1., Regulatory Planning and Review.

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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 implementation of regulations within 33 
CFR part 165, applicable to safety zones on the navigable waterways. 
This zone will temporarily restrict vessel traffic from transiting the 
Indian River Bay along the shoreline of Long Neck, Delaware, in order 
to protect the safety of life and property on the waters for the 
duration of the fireworks display. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are 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 rule.

List of Subjects in 33 CFR Part 165

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


[[Page 53467]]


    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.T05-0823 to read as follows:


Sec.  165.T05-0823  Safety Zone, Labor Day Long Neck Style Fireworks, 
Indian River Bay; Long Neck, DE.

    (a) Regulated area. The following area is a safety zone: all waters 
of Indian River Bay within a 230 yard radius of the fireworks launch 
platform in approximate position 38[deg]36'35.8'' N., 075[deg]09'04.4'' 
W. in Long Neck, DE.
    (b) Regulations. The general safety zone regulations found in 
subpart C of this part apply to the safety zone created by this 
section.
    (1) All persons or vessels wishing to transit through the Safety 
Zone must request authorization to do so from the Captain of the Port 
or his designated representative one hour prior to the intended time of 
transit.
    (2) Vessels granted permission to transit must do so in accordance 
with the directions provided by the Captain of the Port or his 
designated representative to the vessel.
    (3) To seek permission to transit the Safety Zone, the Captain of 
the Port's representative can be contacted via marine radio VHF Channel 
16.
    (4) This section applies to all vessels wishing to transit through 
the safety zone except vessels that are engaged in the following 
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (5) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (6) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port.
    (c) Definitions. (1) Captain of the Port means the Commander, Coast 
Guard 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 his behalf.
    (2) Designated representative means any Coast Guard commissioned, 
warrant or petty officer who has been authorized by the Captain of the 
Port, Delaware Bay, to assist in enforcing the safety zone described in 
paragraph (a) of this section.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted by 
Federal, State, and local agencies in the patrol and enforcement of the 
zone.
    (e) Enforcement period. This safety zone will be effective from 
8:00 p.m. until 10:00 p.m. on September 6, 2015, unless cancelled 
earlier by the Captain of the Port.

B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-21953 Filed 9-3-15; 8:45 am]
 BILLING CODE 9110-04-P


