[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Proposed Rules]
[Pages 23242-23244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10661]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0373]
RIN 1625-AA00


Safety Zone for Marine Events, Delaware River; Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of the Delaware River in Philadelphia, Pennsylvania. The 
regulation would restrict vessel traffic on a portion of the Delaware 
River from operating during a fireworks display on June 13, 2018, from 
9:00 p.m. until 10:00 p.m. During the enforcement periods, no vessel 
would be allowed to enter in or transit this regulated area without 
approval from the Captain of the Port or a designated representative. 
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 4, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0373 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email MST1 Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, 
Waterways Management Division, telephone (215) 271-4889, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COT 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 April 14, 2018, the Delaware River Waterfront Corporation 
notified the Coast Guard that it will be conducting a fireworks display 
from 9:00 p.m. to 10:00 p.m. on June 13, 2018. The

[[Page 23243]]

fireworks will be launched from a barge in the Delaware River off 
Penn's Landing in Philadelphia. Potential hazards from fireworks 
display include accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris. The Captain of the 
Port Delaware Bay (COTP) has determined that these potential hazards 
pose a safety concern.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters before, during, and after the scheduled event. 
The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 
1231.

III. Discussion of Proposed Rule

    The Captain of the Port, Delaware Bay, proposes the establishment 
of a safety zone on a portion of the Delaware River, Philadelphia, PA, 
to ensure the safety of persons, vessels and the public during the 
event. The safety zone includes all navigable waters of the Delaware 
River, adjacent to Penn's Landing, Philadelphia, PA, bounded from 
shoreline to shoreline, bounded on the south by a line running east to 
west from points along the shoreline commencing at latitude 
39[deg]56'31.2'' N, longitude 075[deg]08'28.1'' W; thence westward to 
latitude 39[deg]56'29.1'' N, longitude 075[deg]07'56.5'' W, and bounded 
on the north by the Benjamin Franklin Bridge where it crosses the 
Delaware River. The safety zone will be effective and enforced from 
9:00 p.m. to 10:00 p.m. on June 13, 2018. No vessel or person would be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. The regulatory text we are 
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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, and duration of the safety zone. Vessel traffic will be 
unable to transit the safety zone for the duration of the fireworks 
display. However, this safety zone will only impact a small designated 
area of the Delaware River, in Philadelphia, PA, for one hour. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 regarding the safety zone. Vessel operators 
may request permission to enter the zone before and after the fireworks 
display while the rule is in effect.

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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 
IV.A above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    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 Delaware River in the vicinity of 
Philadelphia, from 9:00 p.m. until 10:00 p.m. on June 13, 2018.
    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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 proposed rule

[[Page 23244]]

involves a safety zone lasting for one hour that would prohibit entry 
portions of the Delaware River to promote public and maritime safety 
during a fireworks display. 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. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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.T05-0373 to read as follows:


Sec.  165.T05-0373  Safety Zone; Delaware River; Philadelphia, PA.

    (a) Location. The following area is a safety zone: all navigable 
waters of Delaware River, adjacent to Penns Landing, Philadelphia, PA, 
bounded from shoreline to shoreline, bounded on the south by a line 
running east to west from points along the shoreline commencing at 
latitude 39[deg]56'31.2'' N, longitude 075[deg]08'28.1'' W; thence 
westward to latitude 39[deg]56'29.1'' N, longitude 075[deg]07'56.5'' W, 
and bounded on the north by the Benjamin Franklin Bridge where it 
crosses the Delaware River.
    (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.
    (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. 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.
    (d) Enforcement period. This section will be enforced on from 9:00 
p.m. to 10:00 p.m. on June 13, 2018.

    Dated: May 15, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware.
[FR Doc. 2018-10661 Filed 5-17-18; 8:45 am]
 BILLING CODE 9110-04-P


