80_FR_34431 80 FR 34316 - Safety Zone, Indian River Bay; Millsboro, Delaware

80 FR 34316 - Safety Zone, Indian River Bay; Millsboro, Delaware

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 115 (June 16, 2015)

Page Range34316-34318
FR Document2015-14797

The Coast Guard is establishing a temporary safety zone on the waters of Indian River Bay adjacent to Millsboro, Delaware. The safety zone will restrict vessel traffic in Indian River Bay within a 200 foot radius of a fireworks barge. This safety zone is necessary to protect the surrounding public and vessels from the hazards associated with a fireworks display.

Federal Register, Volume 80 Issue 115 (Tuesday, June 16, 2015)
[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Rules and Regulations]
[Pages 34316-34318]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14797]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0317]
RIN 1625-AA00


Safety Zone, Indian River Bay; Millsboro, Delaware

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Indian River Bay adjacent to Millsboro, Delaware. The safety 
zone will restrict vessel traffic in Indian River Bay within a 200 foot 
radius of a fireworks barge. This safety zone is necessary to protect 
the surrounding public and vessels from the hazards associated with a 
fireworks display.

DATES: This safety zone is effective without actual notice from June 
16, 2015, until July 5, 2015. For the purposes of enforcement, actual 
notice will be used from May 23, 2015 until June 16, 2015. It will be 
enforced on May 23 and July 4, 2015 with rain dates of May 24 and July 
5, respectively, from 8:45 p.m. (EST) to 10:15 p.m. (EST), unless 
cancelled earlier by the Captain of the Port.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0317]. 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 [email protected]. 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

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 because a safety zone is in the public interest in 
that the final details for this event were not received by the Coast 
Guard until April 20, 2015, and the first event is scheduled for May 
23, 2015. Further, allowing this event to go forward without a safety 
zone in place would expose mariners and the public to unnecessary 
dangers associated with fireworks displays.
    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 safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    On May 23 and July 4, 2015, with rain dates of May 24 and July 5, 
2015, fireworks will be launched from a barge with a fall out zone that 
covers part of Indian River Bay near Millsboro, Delaware. The purpose 
of the rule is to promote public and maritime safety during a fireworks 
display, and to protect mariners transiting the area from the potential 
hazards associated with a fireworks display, such as accidental 
discharge of fireworks, dangerous projectiles, and falling hot embers 
or other debris.

[[Page 34317]]

C. Discussion of the Final Rule

    To mitigate the risks associated with a fireworks display, the 
Captain of the Port, Delaware Bay will establish a temporary safety 
zone on the Indian River Bay, near Millsboro, Delaware. The safety zone 
will encompass all waters of Indian River Bay, within a 200 foot radius 
of the fireworks barge in approximate position 38-36.58 N., 075-09.00 
W., adjacent to Millsboro, Delaware. The safety zone will be enforced 
from 8:45 p.m. to 10:15 p.m. on May 23 and July 4, 2015, unless 
cancelled earlier by the Captain of the Port. Should inclement weather 
require cancellation of the fireworks display on the above scheduled 
dates, the safety zone will be enforced from 8:45 p.m. to 10:15 p.m. on 
May 24 and July 5, 2015, respectively.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port, Delaware Bay, 
or her designated representative. The Captain of the Port, Delaware 
Bay, or her representative may be contacted via VHF channel 16 or at 
215-271-4807.

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: (i) 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; (ii) 
entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port, Delaware Bay; 
(iii) this rule will be enforced for only the duration of the fireworks 
display, and (iv) the size and duration of the zone are relatively 
limited in scope.

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, 
adjacent to Millsboro, Delaware, on May 23 and July 4, 2015, with rain 
dates of May 24 and July 5, 2015, from 8:45 p.m. to 10:15 p.m., unless 
cancelled earlier by the Captain of the Port.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: The 
safety zone is limited in size and duration. Sector Delaware Bay will 
issue maritime advisories widely available to users of the Indian River 
Bay.

3. Assistance for Small Entities

    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, 
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.

[[Page 34318]]

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 anchoring or 
transiting a portion of Indian River Bay near Millsboro, Delaware in 
order to protect the safety of life and property on the waters while a 
firework display is conducted. This rule is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An 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.

    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, 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add temporary Sec.  165.T05-0317, to read as follows:


Sec.  165.T05-0317  Safety Zone, Indian River Bay; Millsboro, DE.

    (a) Regulated Area. The following area is a safety zone: All waters 
of Indian River Bay within a 200 foot radius of a fireworks barge 
located approximately at position 38-36.58N, 075-09.00W near Millsboro, 
Delaware.
    (b) Regulations. The general safety zone regulations found in 33 
CFR 165.23 apply to the safety zone created by this section (Sec.  
165.T05-0317).
    (1) All persons and vessels are prohibited from entering this zone, 
except as authorized by the Coast Guard Captain of the Port or her 
designated representative.
    (2) 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.
    (3) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (4) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (5) No person may board, or take or place any article or thing on 
board, any vessel in a safety zone without the permission of the 
Captain of the Port; and
    (6) No person may take or place any article or thing upon any 
waterfront facility in a safety zone without the permission 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 her 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. 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 section will be enforced between 8:45 
p.m. to 10:15 p.m. on May 23 and July 4, 2015, unless cancelled earlier 
by the Captain of the Port. Should inclement weather require 
cancellation of the fireworks display on the above scheduled dates, the 
safety zone will be enforced between 8:45 p.m. and 10:15 p.m. on May 24 
and July 5, 2015, unless cancelled earlier by the Captain of the Port.

    Dated: May 7, 2015.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-14797 Filed 6-15-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                  34316              Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Rules and Regulations

                                                  Monday through Friday, except Federal                     Dated: June 10, 2015.                                telephone (215) 271–4851, email
                                                  holidays.                                               David M. Frank,                                        Brennan.P.Dougherty@uscg.mil. If you
                                                                                                          Bridge Administrator, Eighth Coast Guard               have questions on viewing or submitting
                                                  FOR FURTHER INFORMATION CONTACT:    If
                                                                                                          District.                                              material to the docket, call Cheryl
                                                  you have questions on this temporary
                                                                                                          [FR Doc. 2015–14660 Filed 6–15–15; 8:45 am]            Collins, Program Manager, Docket
                                                  deviation, call or email Mr. Jim
                                                                                                          BILLING CODE 9110–04–P                                 Operations, telephone (202) 366–9826.
                                                  Wetherington, Bridge Administration
                                                  Branch, Coast Guard; telephone 504–                                                                            SUPPLEMENTARY INFORMATION:
                                                  671–2128, email d8dpball@uscg.mil. If
                                                                                                          DEPARTMENT OF HOMELAND                                 Table of Acronyms
                                                  you have questions on viewing the
                                                                                                          SECURITY
                                                  docket, call Cheryl Collins, Program                                                                           DHS Department of Homeland Security
                                                  Manager, Docket Operations, telephone                   Coast Guard                                            FR Federal Register
                                                  202–366–9826.                                                                                                  NPRM Notice of Proposed Rulemaking
                                                  SUPPLEMENTARY INFORMATION:       The CSX                33 CFR Part 165                                        A. Regulatory History and Information
                                                  Railway Company has requested a                         [Docket Number USCG–2015–0317]
                                                  temporary deviation from the operating                                                                            The Coast Guard is issuing this final
                                                  schedule of the swing span railroad                     RIN 1625–AA00                                          rule without prior notice and
                                                  bridge across Bayou Sara, mile 0.1, near                                                                       opportunity to comment pursuant to
                                                                                                          Safety Zone, Indian River Bay;                         authority under section 4(a) of the
                                                  Saraland, Mobile County, Alabama. The
                                                                                                          Millsboro, Delaware                                    Administrative Procedure Act (APA) (5
                                                  bridge provides three feet of vertical
                                                  clearance in the closed-to-navigation                   AGENCY:    Coast Guard, DHS.                           U.S.C. 553(b)). This provision
                                                  position. Due to the core boring                        ACTION:   Temporary final rule.                        authorizes an agency to issue a rule
                                                  operations within the bridge footprint                                                                         without prior notice and opportunity to
                                                  and safety concerns, vessels will not be                SUMMARY:   The Coast Guard is                          comment when the agency for good
                                                  allowed to pass through the bridge                      establishing a temporary safety zone on                cause finds that those procedures are
                                                  while the work is ongoing. The bridge                   the waters of Indian River Bay adjacent                ‘‘impracticable, unnecessary, or contrary
                                                  will be unable to open in the event of                  to Millsboro, Delaware. The safety zone                to the public interest.’’
                                                  an emergency.                                           will restrict vessel traffic in Indian River              Under 5 U.S.C. 553(b)(B), the Coast
                                                                                                          Bay within a 200 foot radius of a                      Guard finds that good cause exists for
                                                     In accordance with 33 CFR 117.105,
                                                                                                          fireworks barge. This safety zone is                   not publishing a notice of proposed
                                                  the bridge currently opens on signal for
                                                                                                          necessary to protect the surrounding                   rulemaking (NPRM) with respect to this
                                                  the passage of vessels except that
                                                                                                          public and vessels from the hazards                    rule because a safety zone is in the
                                                  between the hours of 6 p.m. and 10 a.m.
                                                                                                          associated with a fireworks display.                   public interest in that the final details
                                                  daily, it opens on signal if at least eight
                                                  hours notice is given. This deviation                   DATES: This safety zone is effective                   for this event were not received by the
                                                  allows the swing span of the bridge to                  without actual notice from June 16,                    Coast Guard until April 20, 2015, and
                                                  remain in the closed-to-navigation                      2015, until July 5, 2015. For the                      the first event is scheduled for May 23,
                                                  position from 6 a.m. on June 29, 2015                   purposes of enforcement, actual notice                 2015. Further, allowing this event to go
                                                  until 6 a.m. on June 30, 2015.                          will be used from May 23, 2015 until                   forward without a safety zone in place
                                                                                                          June 16, 2015. It will be enforced on                  would expose mariners and the public
                                                     Navigation on the waterway consists                  May 23 and July 4, 2015 with rain dates
                                                  of fishing vessels and recreational craft.                                                                     to unnecessary dangers associated with
                                                                                                          of May 24 and July 5, respectively, from               fireworks displays.
                                                  An alternate route is not available.                    8:45 p.m. (EST) to 10:15 p.m. (EST),
                                                  Based on prior experience of minimal                    unless cancelled earlier by the Captain                   For similar reasons, under 5 U.S.C.
                                                  traffic and the current regulation                      of the Port.                                           553(d)(3), the Coast Guard finds that
                                                  requiring eight hours notice between 6                                                                         good cause exists for making this rule
                                                                                                          ADDRESSES: Documents mentioned in
                                                  p.m. and 10 a.m. each day, it has been                                                                         effective less than 30 days after
                                                                                                          this preamble are part of docket [USCG–
                                                  determined that this closure will not                                                                          publication in the Federal Register.
                                                                                                          2015–0317]. To view documents
                                                  have a significant effect on these
                                                                                                          mentioned in this preamble as being                    B. Basis and Purpose
                                                  vessels.
                                                                                                          available in the docket, go to http://
                                                     The closure is necessary for core                    www.regulations.gov, type the docket                      The legal basis for the rule is the
                                                  boring operations within the footprint of               number in the ‘‘SEARCH’’ box and click                 Coast Guard’s authority to establish
                                                  the bridge. These operations will                       ‘‘SEARCH.’’ Click on Open Docket                       safety zones: 33 U.S.C. 1231; 33 CFR
                                                  continue until completed and will not                   Folder on the line associated with this                1.05–1, 160.5; Department of Homeland
                                                  allow the normal operation of the                       rulemaking. You may also visit the                     Security Delegation No. 0170.1.
                                                  bridge. Normal operations will                          Docket Management Facility in Room                        On May 23 and July 4, 2015, with rain
                                                  commence upon completion of the                         W12–140 on the ground floor of the                     dates of May 24 and July 5, 2015,
                                                  work. Notices will be published in the                  Department of Transportation West                      fireworks will be launched from a barge
                                                  Eighth Coast Guard District Local Notice                Building, 1200 New Jersey Avenue SE.,                  with a fall out zone that covers part of
                                                  to Mariners and will be broadcast via                   Washington, DC 20590, between 9 a.m.                   Indian River Bay near Millsboro,
                                                  the Coast Guard Broadcast Notice to                     and 5 p.m., Monday through Friday,                     Delaware. The purpose of the rule is to
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  Mariners System.                                        except Federal holidays.                               promote public and maritime safety
                                                     In accordance with 33 CFR 117.35(e),                 FOR FURTHER INFORMATION CONTACT: If                    during a fireworks display, and to
                                                  the drawbridge must return to its regular               you have questions on this rule, call or               protect mariners transiting the area from
                                                  operating schedule immediately at the                   email. If you have questions on this                   the potential hazards associated with a
                                                  end of the effective period of this                     temporary rule, call or email Lieutenant               fireworks display, such as accidental
                                                  temporary deviation. This deviation                     Brennan Dougherty, U.S. Coast Guard,                   discharge of fireworks, dangerous
                                                  from the operating regulations is                       Sector Delaware Bay, Chief Waterways                   projectiles, and falling hot embers or
                                                  authorized under 33 CFR 117.35.                         Management Division, Coast Guard;                      other debris.


                                             VerDate Sep<11>2014   16:14 Jun 15, 2015   Jkt 235001   PO 00000   Frm 00078   Fmt 4700   Sfmt 4700   E:\FR\FM\16JNR1.SGM   16JNR1


                                                                     Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Rules and Regulations                                          34317

                                                  C. Discussion of the Final Rule                         2. Impact on Small Entities                            4. Collection of Information
                                                     To mitigate the risks associated with                   The Regulatory Flexibility Act of 1980                 This rule will not call for a new
                                                  a fireworks display, the Captain of the                 (RFA), 5 U.S.C. 601–612, as amended,                   collection of information under the
                                                  Port, Delaware Bay will establish a                     requires federal agencies to consider the              Paperwork Reduction Act of 1995 (44
                                                  temporary safety zone on the Indian                     potential impact of regulations on small               U.S.C. 3501–3520).
                                                  River Bay, near Millsboro, Delaware.                    entities during rulemaking. The term                   5. Federalism
                                                  The safety zone will encompass all                      ‘‘small entities’’ comprises small                        A rule has implications for federalism
                                                  waters of Indian River Bay, within a 200                businesses, not-for-profit organizations               under Executive Order 13132,
                                                  foot radius of the fireworks barge in                   that are independently owned and                       Federalism, if it has a substantial direct
                                                  approximate position 38–36.58 N., 075–                  operated and are not dominant in their                 effect on the States, on the relationship
                                                  09.00 W., adjacent to Millsboro,                        fields, and governmental jurisdictions                 between the national government and
                                                  Delaware. The safety zone will be                       with populations of less than 50,000.                  the States, or on the distribution of
                                                  enforced from 8:45 p.m. to 10:15 p.m.                   The Coast Guard certifies under 5 U.S.C.               power and responsibilities among the
                                                  on May 23 and July 4, 2015, unless                      605(b) that this rule will not have a                  various levels of government. We have
                                                  cancelled earlier by the Captain of the                 significant economic impact on a                       analyzed this rule under that Order and
                                                  Port. Should inclement weather require                  substantial number of small entities.                  determined that this rule does not have
                                                  cancellation of the fireworks display on                This rule will affect the following                    implications for federalism.
                                                  the above scheduled dates, the safety                   entities, some of which may be small
                                                  zone will be enforced from 8:45 p.m. to                 entities: The owners or operators of                   6. Protest Activities
                                                  10:15 p.m. on May 24 and July 5, 2015,                  vessels intending to anchor or transit                    The Coast Guard respects the First
                                                  respectively.                                           along a portion of Indian River Bay,                   Amendment rights of protesters.
                                                     Entry into, transiting, or anchoring                 adjacent to Millsboro, Delaware, on May                Protesters are asked to contact the
                                                  within the safety zone is prohibited                    23 and July 4, 2015, with rain dates of                person listed in the FOR FURTHER
                                                  unless authorized by the Captain of the                 May 24 and July 5, 2015, from 8:45 p.m.                INFORMATION CONTACT section to
                                                  Port, Delaware Bay, or her designated                   to 10:15 p.m., unless cancelled earlier                coordinate protest activities so that your
                                                  representative. The Captain of the Port,                by the Captain of the Port.                            message can be received without
                                                  Delaware Bay, or her representative may                    This safety zone will not have a                    jeopardizing the safety or security of
                                                  be contacted via VHF channel 16 or at                   significant economic impact on a                       people, places or vessels.
                                                  215–271–4807.                                           substantial number of small entities for               7. Unfunded Mandates Reform Act
                                                  D. Regulatory Analyses                                  the following reason: The safety zone is
                                                                                                                                                                    The Unfunded Mandates Reform Act
                                                                                                          limited in size and duration. Sector                   of 1995 (2 U.S.C. 1531–1538) requires
                                                    We developed this rule after                          Delaware Bay will issue maritime
                                                  considering numerous statutes and                                                                              Federal agencies to assess the effects of
                                                                                                          advisories widely available to users of                their discretionary regulatory actions. In
                                                  executive orders related to rulemaking.                 the Indian River Bay.
                                                  Below we summarize our analyses                                                                                particular, the Act addresses actions
                                                  based on these statutes or executive                    3. Assistance for Small Entities                       that may result in the expenditure by a
                                                  orders.                                                                                                        State, local, or tribal government, in the
                                                                                                             Under section 213(a) of the Small                   aggregate, or by the private sector of
                                                  1. Regulatory Planning and Review                       Business Regulatory Enforcement                        $100,000,000 (adjusted for inflation) or
                                                                                                          Fairness Act of 1996 (Public Law 104–                  more in any one year. Though this rule
                                                     This rule is not a significant
                                                                                                          121), we want to assist small entities in              will not result in such expenditure, we
                                                  regulatory action under section 3(f) of
                                                                                                          understanding this rule. If the rule                   do discuss the effects of this rule
                                                  Executive Order 12866, Regulatory
                                                                                                          would affect your small business,                      elsewhere in this preamble.
                                                  Planning and Review, as supplemented
                                                                                                          organization, or governmental
                                                  by Executive Order 13563, Improving                                                                            8. Taking of Private Property
                                                                                                          jurisdiction and you have questions
                                                  Regulation and Regulatory Review, and                                                                             This rule will not cause a taking of
                                                                                                          concerning its provisions or options for
                                                  does not require an assessment of                                                                              private property or otherwise have
                                                                                                          compliance, please contact the person
                                                  potential costs and benefits under                                                                             taking implications under Executive
                                                                                                          listed in the FOR FURTHER INFORMATION
                                                  section 6(a)(3) of Executive Order 12866                                                                       Order 12630, Governmental Actions and
                                                                                                          CONTACT, above.
                                                  or under section 1 of Executive Order                                                                          Interference with Constitutionally
                                                  13563. The Office of Management and                        Small businesses may send comments
                                                                                                                                                                 Protected Property Rights.
                                                  Budget has not reviewed it under those                  on the actions of Federal employees
                                                  Orders. Although this regulation will                   who enforce, or otherwise determine                    9. Civil Justice Reform
                                                  restrict access to the regulated area, the              compliance with, Federal regulations to                   This rule meets applicable standards
                                                  effect of this rule will not be significant             the Small Business and Agriculture                     in sections 3(a) and 3(b)(2) of Executive
                                                  because: (i) The Coast Guard will make                  Regulatory Enforcement Ombudsman                       Order 12988, Civil Justice Reform, to
                                                  extensive notification of the Safety Zone               and the Regional Small Business                        minimize litigation, eliminate
                                                  to the maritime public via maritime                     Regulatory Fairness Boards. The                        ambiguity, and reduce burden.
                                                  advisories so mariners can alter their                  Ombudsman evaluates these actions
                                                  plans accordingly; (ii) entry into,                     annually and rates each agency’s                       10. Protection of Children
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  transiting, or anchoring within the                     responsiveness to small business. If you                 We have analyzed this rule under
                                                  safety zone is prohibited unless                        wish to comment on actions by                          Executive Order 13045, Protection of
                                                  authorized by the Captain of the Port,                  employees of the Coast Guard, call 1–                  Children from Environmental Health
                                                  Delaware Bay; (iii) this rule will be                   888–REG–FAIR (1–888–734–3247). The                     Risks and Safety Risks. This rule is not
                                                  enforced for only the duration of the                   Coast Guard will not retaliate against                 an economically significant rule and
                                                  fireworks display, and (iv) the size and                small entities that question or complain               does not create an environmental risk to
                                                  duration of the zone are relatively                     about this rule or any policy or action                health or risk to safety that may
                                                  limited in scope.                                       of the Coast Guard.                                    disproportionately affect children.


                                             VerDate Sep<11>2014   16:14 Jun 15, 2015   Jkt 235001   PO 00000   Frm 00079   Fmt 4700   Sfmt 4700   E:\FR\FM\16JNR1.SGM   16JNR1


                                                  34318              Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Rules and Regulations

                                                  11. Indian Tribal Governments                             For the reasons discussed in the                       (d) Enforcement. The U.S. Coast
                                                                                                          preamble, the Coast Guard amends 33                    Guard may be assisted by Federal, State,
                                                     This rule does not have tribal                       CFR part 165 as follows:                               and local agencies in the patrol and
                                                  implications under Executive Order                                                                             enforcement of the zone.
                                                  13175, Consultation and Coordination                    PART 165—REGULATED NAVIGATION                            (e) Enforcement period. This section
                                                  with Indian Tribal Governments,                         AREAS AND LIMITED ACCESS AREAS                         will be enforced between 8:45 p.m. to
                                                  because it does not have a substantial                                                                         10:15 p.m. on May 23 and July 4, 2015,
                                                  direct effect on one or more Indian                     ■ 1. The authority citation for part 165               unless cancelled earlier by the Captain
                                                  tribes, on the relationship between the                 continues to read as follows:                          of the Port. Should inclement weather
                                                  Federal Government and Indian tribes,                     Authority: 33 U.S.C 1231; 50 U.S.C. 191;             require cancellation of the fireworks
                                                  or on the distribution of power and                     33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;                  display on the above scheduled dates,
                                                  responsibilities between the Federal                    Department of Homeland Security Delegation             the safety zone will be enforced between
                                                  Government and Indian tribes.                           No. 0170.1.
                                                                                                                                                                 8:45 p.m. and 10:15 p.m. on May 24 and
                                                  12. Energy Effects                                      ■ 2. Add temporary § 165.T05–0317, to                  July 5, 2015, unless cancelled earlier by
                                                                                                          read as follows:                                       the Captain of the Port.
                                                    This action is not a ‘‘significant
                                                                                                                                                                   Dated: May 7, 2015.
                                                  energy action’’ under Executive Order                   § 165.T05–0317 Safety Zone, Indian River
                                                  13211, Actions Concerning Regulations                   Bay; Millsboro, DE.                                    K. Moore,
                                                  That Significantly Affect Energy Supply,                   (a) Regulated Area. The following area              Captain, U.S. Coast Guard, Captain of the
                                                  Distribution, or Use.                                   is a safety zone: All waters of Indian                 Port Delaware Bay.
                                                                                                          River Bay within a 200 foot radius of a                [FR Doc. 2015–14797 Filed 6–15–15; 8:45 am]
                                                  13. Technical Standards
                                                                                                          fireworks barge located approximately                  BILLING CODE 9110–04–P

                                                    This rule does not use technical                      at position 38–36.58N, 075–09.00W near
                                                  standards. Therefore, we did not                        Millsboro, Delaware.
                                                  consider the use of voluntary consensus                    (b) Regulations. The general safety                 DEPARTMENT OF COMMERCE
                                                  standards.                                              zone regulations found in 33 CFR
                                                                                                          165.23 apply to the safety zone created                Patent and Trademark Office
                                                  14. Environment                                         by this section (§ 165.T05–0317).
                                                                                                             (1) All persons and vessels are                     37 CFR Part 42
                                                     We have analyzed this rule under
                                                  Department of Homeland Security                         prohibited from entering this zone,                    [Docket No. PTO–P–2015–0032]
                                                  Management Directive 023–01 and                         except as authorized by the Coast Guard
                                                                                                          Captain of the Port or her designated                  RIN 0651–AD00
                                                  Commandant Instruction M16475.lD,
                                                  which guide the Coast Guard in                          representative.
                                                                                                             (2) This section applies to all vessels             Amendments to the Rules of Practice
                                                  complying with the National                                                                                    for Trials Before the Patent Trial and
                                                                                                          wishing to transit through the safety
                                                  Environmental Policy Act of 1969                                                                               Appeal Board
                                                                                                          zone except vessels that are engaged in
                                                  (NEPA)(42 U.S.C. 4321–4370f), and
                                                                                                          the following operations:                              Correction
                                                  have determined that this action is one
                                                                                                             (i) Enforcing laws;
                                                  of a category of actions that do not                       (ii) Servicing aids to navigation, and                 In rule document 2015–12117
                                                  individually or cumulatively have a                        (iii) Emergency response vessels.                   appearing on pages 28561–28566 in the
                                                  significant effect on the human                            (3) No person or vessel may enter or                issue of Tuesday, May 19, 2015, make
                                                  environment. This rule involves                         remain in a safety zone without the                    the following correction:
                                                  implementation of regulations within 33                 permission of the Captain of the Port;                    On page 28563, in the third column,
                                                  CFR part 165, applicable to safety zones                   (4) Each person and vessel in a safety              third line from the bottom, delete
                                                  on the navigable waterways. This zone                   zone shall obey any direction or order                 ‘‘http://www.cruiseamerica.com/rent/
                                                  will temporarily restrict vessel traffic                of the Captain of the Port;                            ourvehicles/’’.
                                                  from anchoring or transiting a portion of                  (5) No person may board, or take or                 [FR Doc. C1–2015–12117 Filed 6–15–15; 8:45 am]
                                                  Indian River Bay near Millsboro,                        place any article or thing on board, any               BILLING CODE 1505–01–P
                                                  Delaware in order to protect the safety                 vessel in a safety zone without the
                                                  of life and property on the waters while                permission of the Captain of the Port;
                                                  a firework display is conducted. This                   and
                                                  rule is categorically excluded from                                                                            DEPARTMENT OF VETERANS
                                                                                                             (6) No person may take or place any                 AFFAIRS
                                                  further review under paragraph 34(g) of                 article or thing upon any waterfront
                                                  Figure 2–1 of the Commandant                            facility in a safety zone without the                  38 CFR Part 36
                                                  Instruction. An environmental analysis                  permission of the Captain of the Port.
                                                  checklist supporting this determination                    (c) Definitions—(1) Captain of the                  RIN 2900–AN71
                                                  and a Categorical Exclusion                             Port means the Commander, Coast
                                                  Determination are available in the                                                                             Loan Guaranty: Elimination of
                                                                                                          Guard Sector Delaware Bay, or any                      Redundant Regulations; Technical
                                                  docket where indicated under                            Coast Guard commissioned, warrant or
                                                  ADDRESSES. We seek any comments or
                                                                                                                                                                 Correction
                                                                                                          petty officer who has been authorized
                                                  information that may lead to the                        by the Captain of the Port to act on her               AGENCY:    Department of Veterans Affairs.
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  discovery of a significant environmental                behalf.                                                ACTION:   Final rule; technical correction.
                                                  impact from this rule.                                     (2) Designated representative means
                                                  List of Subjects in 33 CFR Part 165                     any Coast Guard commissioned, warrant                  SUMMARY:   On June 15, 2010, the
                                                                                                          or petty officer who has been authorized               Department of Veterans Affairs (VA)
                                                    Harbors, Marine safety, Navigation                    by the Captain of the Port, Delaware                   published a document in the Federal
                                                  (water), Reporting and recordkeeping                    Bay, to assist in enforcing the safety                 Register (75 FR 33704), amending its
                                                  requirements, Security measures,                        zone described in paragraph (a) of this                loan guaranty regulations to eliminate
                                                  Waterways.                                              section.                                               redundancies in the regulations that


                                             VerDate Sep<11>2014   16:14 Jun 15, 2015   Jkt 235001   PO 00000   Frm 00080   Fmt 4700   Sfmt 4700   E:\FR\FM\16JNR1.SGM   16JNR1



Document Created: 2018-02-22 10:22:51
Document Modified: 2018-02-22 10:22:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis safety zone is effective without actual notice from June 16, 2015, until July 5, 2015. For the purposes of enforcement, actual notice will be used from May 23, 2015 until June 16, 2015. It will be enforced on May 23 and July 4, 2015 with rain dates of May 24 and July 5, respectively, from 8:45 p.m. (EST) to 10:15 p.m. (EST), unless cancelled earlier by the Captain of the Port.
ContactIf 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 [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 34316 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR