80_FR_42208 80 FR 42072 - Safety Zone, Indian River Bay; Millsboro, DE

80 FR 42072 - Safety Zone, Indian River Bay; Millsboro, DE

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 136 (July 16, 2015)

Page Range42072-42075
FR Document2015-17482

The Coast Guard proposes to establish a temporary safety zone on the waters of Indian River Bay adjacent to Millsboro, Delaware. The safety zone will restrict vessel traffic on Indian River Bay in the vicinity of a fireworks barge on August 22 and September 26, 2015, from 8:45 p.m. until 10:15 p.m. on each day. 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 August 23 and September 27, 2015. 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 136 (Thursday, July 16, 2015)
[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Proposed Rules]
[Pages 42072-42075]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17482]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0563]
RIN 1625-AA00


Safety Zone, Indian River Bay; Millsboro, DE

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of Indian River Bay adjacent to Millsboro, Delaware. The 
safety zone will restrict vessel traffic on Indian River Bay in the 
vicinity of a fireworks barge on August 22 and September 26, 2015, from 
8:45 p.m. until 10:15 p.m. on each day. 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 
August 23 and September 27, 2015. This safety zone is necessary to 
protect the surrounding public and vessels from the

[[Page 42073]]

hazards associated with a fireworks display.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 23, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0563 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for further instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (Docket Number USCG-2015-0563), indicate the specific 
section of this document to which each comment applies, and provide a 
reason for each suggestion or recommendation. You may submit your 
comments and material online at http://www.regulations.gov, or by fax, 
mail, or hand delivery, but please use only one of these means. If you 
submit a comment online, it will be considered received by the Coast 
Guard when you successfully transmit the comment. If you fax, hand 
deliver, or mail your comment, it will be considered as having been 
received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email address, or a telephone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0563) in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0563) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue Federal 
Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. If we determine that 
one would aid this rulemaking, we will hold one at a time and place 
announced by a later notice in the Federal Register.

B. Regulatory History and Information

    This NPRM represents the first time the Coast Guard is seeking 
comments on the proposed safety zone at this location.

C. 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.
    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.

D. Discussion of Proposed Rule

    The Captain of the Port, Delaware Bay, proposes to establish a 
safety zone on specified waters that 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 August 22 and September 26, 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 August 23 and 
September 27, 2015, respectively.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port, Delaware Bay, 
or his designated representative. The Captain of the Port, Delaware 
Bay, or his representative may be contacted via VHF channel 16 or at 
215-271-4807.

E. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed 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

[[Page 42074]]

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 zone with 
the permission of the Captain of the Port on a case-by-case basis; and 
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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to anchor or transit along Indian River Bay, adjacent to 
Millsboro, Delaware, on August 22 and September 26, 2015, respectively 
from 8:45 p.m. until 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: Vessel 
traffic will be allowed to pass through the zone with permission of the 
Coast Guard Captain of the Port Delaware Bay or his designated 
representative and the safety zone is limited in size and duration. The 
Coast Guard will issue maritime advisories widely available to users of 
Indian River Bay.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 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, above. 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.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

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

11. Indian Tribal Governments

    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.

12. Energy Effects

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

14. Environment

    We have analyzed this proposed 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 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 
involves implementation of regulations within 33 CFR part 165, 
applicable to safety zones on the

[[Page 42075]]

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 fireworks display is conducted. 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 
proposed 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 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, 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add temporary Sec.  165.T05-0563 to read as follows:


Sec.  165.T05-0563  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 38-36.58 N., 075-09.00 W. near 
Millsboro, Delaware.
    (b) Regulations. The general safety zone regulations found in 
subpart C of this part apply to this safety zone created by this 
section.
    (1) All persons and vessels are prohibited from entering this zone, 
except as authorized by the Coast Guard Captain of the Port or his 
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; and
    (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.
    (c) Definitions. In this section--
    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.
    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 agencies. 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 enforced on August 
22 and September 26, 2015, from 8:45 p.m. until 10:15 p.m., 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 August 23 and September 27, 2015, unless cancelled earlier by 
the Captain of the Port.

    Dated: June 29, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-17482 Filed 7-15-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                42072                      Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules

                                                11. Indian Tribal Governments                                  Security Management Directive 023–01                           under ADDRESSES. We seek any
                                                   This proposed rule does not have                            and Commandant Instruction                                     comments or information that may lead
                                                tribal implications under Executive                            M16475.lD, which guide the Coast                               to the discovery of a significant
                                                Order 13175, Consultation and                                  Guard in complying with the National                           environmental impact from this
                                                Coordination with Indian Tribal                                Environmental Policy Act of 1969                               proposed rule.
                                                Governments, because it would not have                         (NEPA) (42 U.S.C. 4321–4370f), and
                                                                                                               have made a preliminary determination                          List of Subjects in 33 CFR Part 100
                                                a substantial direct effect on one or
                                                more Indian tribes, on the relationship                        that this action is one of a category of                         Marine safety, Navigation (water),
                                                between the Federal Government and                             actions that do not individually or                            Reporting and recordkeeping
                                                Indian tribes, or on the distribution of                       cumulatively have a significant effect on                      requirements, Waterways.
                                                power and responsibilities between the                         the human environment. This proposed
                                                                                                                                                                                For the reasons discussed in the
                                                Federal Government and Indian tribes.                          rule involves implementation of
                                                                                                                                                                              preamble, the Coast Guard proposes to
                                                                                                               regulations within 33 CFR part 100
                                                12. Energy Effects                                                                                                            amend 33 CFR part 100 as follows:
                                                                                                               applicable to organized marine events
                                                   This proposed rule is not a                                 on the navigable waters of the United                          PART 100—SAFETY OF LIFE ON
                                                ‘‘significant energy action’’ under                            States that could negatively impact the                        NAVIGABLE WATERS
                                                Executive Order 13211, Actions                                 safety of waterway users and shore side
                                                Concerning Regulations That                                    activities in the event area. The category                     ■ 1. The authority citation for part 100
                                                Significantly Affect Energy Supply,                            of water activities includes but is not                        continues to read as follows:
                                                Distribution, or Use.                                          limited to sail boat regattas, boat
                                                                                                               parades, power boat racing, swimming                               Authority: 33 U.S.C. 1233.
                                                13. Technical Standards                                        events, crew racing, canoe and sail                            ■   2. In the Table to § 100.501:
                                                  This proposed rule does not use                              board racing. This rule is categorically                       ■   a. Suspend line No. (b.)21; and
                                                technical standards. Therefore, we did                         excluded from further review under                             ■   b. Add line No. (b.)24.
                                                not consider the use of voluntary                              paragraph 34(h) of Figure 2–1 of the                               The addition reads as follows:
                                                consensus standards.                                           Commandant Instruction. A preliminary
                                                                                                               environmental analysis checklist                               § 100.501 Special Local Regulations;
                                                14. Environment                                                supporting this determination and a                            Recurring Marine Event in the Fifth Coast
                                                  We have analyzed this proposed rule                          Categorical Exclusion Determination are                        Guard District.
                                                under Department of Homeland                                   available in the docket where indicated                        *      *        *       *   *

                                                                                                                           TABLE TO § 100.501
                                                                                              [All coordinates listed in the Table to § 100.501 reference Datum NAD 1983]

                                                    No.                  Date                            Event                       Sponsor                                              Location


                                                            *                           *                           *                          *                         *                        *              *

                                                                                                             (b.) Coast Guard Sector Baltimore—COTP Zone


                                                            *                           *                     *                           *                               *                    *                    *
                                                24 ...........   October 3 and 4,               Ocean City Mary-              Offshore Perform-                The waters of the North Atlantic Ocean commencing at a point
                                                                  2015.                          land Offshore                  ance Assn. Rac-                  on the shoreline at latitude 38°25′42″ N., longitude
                                                                                                 Grand Prix.                    ing, LLC.                        075°03′06″ W.; thence east southeast to latitude 38°25′30″
                                                                                                                                                                 N., longitude 075°02′12″ W., thence south southwest par-
                                                                                                                                                                 allel to the Ocean City shoreline to latitude 38°19′12″ N.,
                                                                                                                                                                 longitude 075°03′48″ W.; thence west northwest to the
                                                                                                                                                                 shoreline at latitude 38°19′30″ N., longitude 075°05′00″ W.

                                                            *                           *                           *                          *                         *                        *              *



                                                  Dated: June 23, 2015.                                        DEPARTMENT OF HOMELAND                                         SUMMARY:   The Coast Guard proposes to
                                                Kevin C. Kiefer,                                               SECURITY                                                       establish a temporary safety zone on the
                                                Captain, U.S. Coast Guard, Captain of the                                                                                     waters of Indian River Bay adjacent to
                                                Port Baltimore.                                                Coast Guard                                                    Millsboro, Delaware. The safety zone
                                                [FR Doc. 2015–17456 Filed 7–15–15; 8:45 am]                                                                                   will restrict vessel traffic on Indian
                                                                                                               33 CFR Part 165                                                River Bay in the vicinity of a fireworks
                                                BILLING CODE 9110–04–P
                                                                                                                                                                              barge on August 22 and September 26,
                                                                                                               [Docket Number USCG–2015–0563]                                 2015, from 8:45 p.m. until 10:15 p.m. on
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                                                                                              each day. Should inclement weather
                                                                                                               RIN 1625–AA00                                                  require cancellation of the fireworks
                                                                                                                                                                              display on the above scheduled dates,
                                                                                                               Safety Zone, Indian River Bay;                                 the safety zone will be enforced from
                                                                                                               Millsboro, DE                                                  8:45 p.m. to 10:15 p.m. on August 23
                                                                                                               AGENCY:       Coast Guard, DHS.                                and September 27, 2015. This safety
                                                                                                                                                                              zone is necessary to protect the
                                                                                                               ACTION:       Notice of proposed rulemaking.
                                                                                                                                                                              surrounding public and vessels from the


                                           VerDate Sep<11>2014     17:07 Jul 15, 2015       Jkt 235001   PO 00000       Frm 00006   Fmt 4702       Sfmt 4702   E:\FR\FM\16JYP1.SGM   16JYP1


                                                                         Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules                                          42073

                                                hazards associated with a fireworks                      material online at http://                            4. Public Meeting
                                                display.                                                 www.regulations.gov, or by fax, mail, or                 We do not now plan to hold a public
                                                DATES:  Comments and related material                    hand delivery, but please use only one                meeting. If we determine that one would
                                                must be received by the Coast Guard on                   of these means. If you submit a                       aid this rulemaking, we will hold one at
                                                or before July 23, 2015.                                 comment online, it will be considered                 a time and place announced by a later
                                                                                                         received by the Coast Guard when you                  notice in the Federal Register.
                                                ADDRESSES: You may submit comments
                                                                                                         successfully transmit the comment. If
                                                identified by docket number USCG–                                                                              B. Regulatory History and Information
                                                                                                         you fax, hand deliver, or mail your
                                                2015–0563 using any one of the
                                                                                                         comment, it will be considered as                       This NPRM represents the first time
                                                following methods:
                                                                                                         having been received by the Coast                     the Coast Guard is seeking comments on
                                                   (1) Federal eRulemaking Portal:
                                                                                                         Guard when it is received at the Docket               the proposed safety zone at this
                                                http://www.regulations.gov.
                                                                                                         Management Facility. We recommend                     location.
                                                   (2) Fax: 202–493–2251.
                                                                                                         that you include your name and a
                                                   (3) Mail or Delivery: Docket                                                                                C. Basis and Purpose
                                                                                                         mailing address, an email address, or a
                                                Management Facility (M–30), U.S.                                                                                  The legal basis for the rule is the
                                                                                                         telephone number in the body of your
                                                Department of Transportation, West                                                                             Coast Guard’s authority to establish
                                                                                                         document so that we can contact you if
                                                Building Ground Floor, Room W12–140,                                                                           safety zones: 33 U.S.C 1231; 33 CFR
                                                                                                         we have questions regarding your
                                                1200 New Jersey Avenue SE.,                                                                                    1.05–1, 160.5; Department of Homeland
                                                                                                         submission.
                                                Washington, DC 20590–0001. Deliveries                                                                          Security Delegation No. 0170.1.
                                                accepted between 9 a.m. and 5 p.m.,                         To submit your comment online, go to
                                                                                                         http://www.regulations.gov, type the                     The purpose of this safety zone is to
                                                Monday through Friday, except federal                                                                          protect mariners and spectators from the
                                                holidays. The telephone number is 202–                   docket number (USCG–2015–0563) in
                                                                                                         the ‘‘SEARCH’’ box and click                          hazards associated with the fireworks
                                                366–9329. See the ‘‘Public Participation                                                                       display, such as accidental discharge of
                                                and Request for Comments’’ portion of                    ‘‘SEARCH.’’ Click on ‘‘Submit a
                                                                                                         Comment’’ on the line associated with                 fireworks, dangerous projectiles, and
                                                the SUPPLEMENTARY INFORMATION section                                                                          falling hot embers or other debris.
                                                below for further instructions on                        this rulemaking.
                                                submitting comments. To avoid                               If you submit your comments by mail                D. Discussion of Proposed Rule
                                                duplication, please use only one of                      or hand delivery, submit them in an
                                                                                                                                                                  The Captain of the Port, Delaware
                                                these three methods.                                     unbound format, no larger than 81⁄2 by
                                                                                                                                                               Bay, proposes to establish a safety zone
                                                                                                         11 inches, suitable for copying and
                                                FOR FURTHER INFORMATION CONTACT: If                                                                            on specified waters that will encompass
                                                                                                         electronic filing. If you submit
                                                you have questions on this proposed                                                                            all waters of Indian River Bay, within a
                                                                                                         comments by mail and would like to
                                                rule, call or email Lieutenant Brennan                                                                         200-foot radius of the fireworks barge in
                                                                                                         know that they reached the Facility,
                                                Dougherty, U.S. Coast Guard, Sector                                                                            approximate position 38–36.58 N., 075–
                                                                                                         please enclose a stamped, self-addressed
                                                Delaware Bay, Chief Waterways                                                                                  09.00 W., adjacent to Millsboro,
                                                                                                         postcard or envelope. We will consider
                                                Management Division, Coast Guard;                                                                              Delaware. The safety zone will be
                                                                                                         all comments and material received
                                                telephone (215)271–4851, email                                                                                 enforced from 8:45 p.m. to 10:15 p.m.
                                                                                                         during the comment period and may
                                                Brennan.P.Dougherty@uscg.mil. If you                                                                           on August 22 and September 26, 2015,
                                                                                                         change the rule based on your
                                                have questions on viewing or submitting                                                                        unless cancelled earlier by the Captain
                                                                                                         comments.
                                                material to the docket, call Cheryl                                                                            of the Port. Should inclement weather
                                                Collins, Program Manager, Docket                         2. Viewing Comments and Documents                     require cancellation of the fireworks
                                                Operations, telephone (202) 366–9826.                                                                          display on the above scheduled dates,
                                                                                                            To view comments, as well as
                                                SUPPLEMENTARY INFORMATION:                                                                                     the safety zone will be enforced from
                                                                                                         documents mentioned in this preamble
                                                                                                                                                               8:45 p.m. to 10:15 p.m. on August 23
                                                Table of Acronyms                                        as being available in the docket, go to
                                                                                                                                                               and September 27, 2015, respectively.
                                                                                                         http://www.regulations.gov, type the                     Entry into, transiting, or anchoring
                                                DHS Department of Homeland Security
                                                FR Federal Register
                                                                                                         docket number (USCG–2015–0563) in                     within the safety zone is prohibited
                                                NPRM Notice of Proposed Rulemaking                       the ‘‘SEARCH’’ box and click                          unless authorized by the Captain of the
                                                COTP Captain of the Port                                 ‘‘SEARCH.’’ Click on Open Docket                      Port, Delaware Bay, or his designated
                                                                                                         Folder on the line associated with this               representative. The Captain of the Port,
                                                A. Public Participation and Request for                  rulemaking. You may also visit the
                                                Comments                                                                                                       Delaware Bay, or his representative may
                                                                                                         Docket Management Facility in Room                    be contacted via VHF channel 16 or at
                                                  We encourage you to participate in                     W12–140 on the ground floor of the                    215–271–4807.
                                                this rulemaking by submitting                            Department of Transportation West
                                                comments and related materials. All                      Building, 1200 New Jersey Avenue SE.,                 E. Regulatory Analyses
                                                comments received will be posted                         Washington, DC 20590, between 9 a.m.                    We developed this proposed rule after
                                                without change to http://                                and 5 p.m., Monday through Friday,                    considering numerous statutes and
                                                www.regulations.gov and will include                     except Federal holidays.                              executive orders related to rulemaking.
                                                any personal information you have                        3. Privacy Act                                        Below we summarize our analyses
                                                provided.                                                                                                      based on a number of these statutes or
                                                                                                           Anyone can search the electronic                    executive orders.
                                                1. Submitting Comments                                   form of comments received into any of
                                                                                                                                                               1. Regulatory Planning and Review
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                                                  If you submit a comment, please                        our dockets by the name of the
                                                include the docket number for this                       individual submitting the comment (or                    This proposed rule is not a significant
                                                rulemaking (Docket Number USCG–                          signing the comment, if submitted on                  regulatory action under section 3(f) of
                                                2015–0563), indicate the specific                        behalf of an association, business, labor             Executive Order 12866, Regulatory
                                                section of this document to which each                   union, etc.). You may review a Privacy                Planning and Review, as supplemented
                                                comment applies, and provide a reason                    Act notice regarding our public dockets               by Executive Order 13563, Improving
                                                for each suggestion or recommendation.                   in the January 17, 2008, issue Federal                Regulation and Regulatory Review, and
                                                You may submit your comments and                         Register (73 FR 3316).                                does not require an assessment of


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                                                42074                    Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules

                                                potential costs and benefits under                       3. Assistance for Small Entities                      Executive Order 12630, Governmental
                                                section 6(a)(3) of Executive Order 12866                    Under section 213(a) of the Small                  Actions and Interference with
                                                or under section 1 of Executive Order                    Business Regulatory Enforcement                       Constitutionally Protected Property
                                                13563. The Office of Management and                      Fairness Act of 1996 (Pub. L. 104–121),               Rights.
                                                Budget has not reviewed it under those                   we want to assist small entities in                   9. Civil Justice Reform
                                                Orders. Although this regulation will                    understanding this proposed rule. If the
                                                restrict access to the regulated area, the               rule would affect your small business,                   This proposed rule meets applicable
                                                effect of this rule will not be significant              organization, or governmental                         standards in sections 3(a) and 3(b)(2) of
                                                because: the Coast Guard will make                       jurisdiction and you have questions                   Executive Order 12988, Civil Justice
                                                extensive notification of the Safety Zone                concerning its provisions or options for              Reform, to minimize litigation,
                                                to the maritime public via maritime                      compliance, please contact the person                 eliminate ambiguity, and reduce
                                                advisories so mariners can alter their                   listed in the FOR FURTHER INFORMATION                 burden.
                                                plans accordingly; vessels may still be                  CONTACT, above. The Coast Guard will                  10. Protection of Children From
                                                permitted to transit through the safety                  not retaliate against small entities that             Environmental Health Risks
                                                zone with the permission of the Captain                  question or complain about this
                                                                                                                                                                  We have analyzed this proposed rule
                                                of the Port on a case-by-case basis; and                 proposed rule or any policy or action of
                                                                                                                                                               under Executive Order 13045,
                                                the size and duration of the zone are                    the Coast Guard.
                                                                                                                                                               Protection of Children from
                                                relatively limited in scope.                             4. Collection of Information                          Environmental Health Risks and Safety
                                                2. Impact on Small Entities                                 This proposed rule will not call for a             Risks. This rule is not an economically
                                                                                                         new collection of information under the               significant rule and would not create an
                                                   The Regulatory Flexibility Act of 1980                Paperwork Reduction Act of 1995 (44                   environmental risk to health or risk to
                                                (RFA), 5 U.S.C. 601–612, as amended,                     U.S.C. 3501–3520).                                    safety that might disproportionately
                                                requires federal agencies to consider the                                                                      affect children.
                                                potential impact of regulations on small                 5. Federalism
                                                                                                                                                               11. Indian Tribal Governments
                                                entities during rulemaking. The term                        A rule has implications for federalism
                                                ‘‘small entities’’ comprises small                       under Executive Order 13132,                             This proposed rule does not have
                                                businesses, not-for-profit organizations                 Federalism, if it has a substantial direct            tribal implications under Executive
                                                that are independently owned and                         effect on the States, on the relationship             Order 13175, Consultation and
                                                operated and are not dominant in their                   between the national government and                   Coordination with Indian Tribal
                                                fields, and governmental jurisdictions                   the States, or on the distribution of                 Governments, because it would not have
                                                with populations of less than 50,000.                    power and responsibilities among the                  a substantial direct effect on one or
                                                The Coast Guard certifies under 5 U.S.C.                 various levels of government. We have                 more Indian tribes, on the relationship
                                                605(b) that this proposed rule will not                  analyzed this proposed rule under that                between the Federal Government and
                                                have a significant economic impact on                    Order and determined that this rule                   Indian tribes, or on the distribution of
                                                a substantial number of small entities.                  does not have implications for                        power and responsibilities between the
                                                                                                         federalism.                                           Federal Government and Indian tribes.
                                                   This proposed rule would affect the
                                                following entities, some of which may                    6. Protest Activities                                 12. Energy Effects
                                                be small entities: the owners or                            The Coast Guard respects the First                    This proposed rule is not a
                                                operators of vessels intending to anchor                 Amendment rights of protesters.                       ‘‘significant energy action’’ under
                                                or transit along Indian River Bay,                       Protesters are asked to contact the                   Executive Order 13211, Actions
                                                adjacent to Millsboro, Delaware, on                      person listed in the FOR FURTHER                      Concerning Regulations That
                                                August 22 and September 26, 2015,                        INFORMATION CONTACT section to                        Significantly Affect Energy Supply,
                                                respectively from 8:45 p.m. until 10:15                  coordinate protest activities so that your            Distribution, or Use.
                                                p.m., unless cancelled earlier by the                    message can be received without
                                                Captain of the Port.                                                                                           13. Technical Standards
                                                                                                         jeopardizing the safety or security of
                                                   This safety zone will not have a                      people, places or vessels.                              This proposed rule does not use
                                                significant economic impact on a                                                                               technical standards. Therefore, we did
                                                                                                         7. Unfunded Mandates Reform Act                       not consider the use of voluntary
                                                substantial number of small entities for
                                                the following reason: Vessel traffic will                   The Unfunded Mandates Reform Act                   consensus standards.
                                                be allowed to pass through the zone                      of 1995 (2 U.S.C. 1531–1538) requires                 14. Environment
                                                with permission of the Coast Guard                       Federal agencies to assess the effects of
                                                                                                         their discretionary regulatory actions. In              We have analyzed this proposed rule
                                                Captain of the Port Delaware Bay or his
                                                                                                         particular, the Act addresses actions                 under Department of Homeland
                                                designated representative and the safety                                                                       Security Management Directive 023–01
                                                zone is limited in size and duration. The                that may result in the expenditure by a
                                                                                                         State, local, or tribal government, in the            and Commandant Instruction
                                                Coast Guard will issue maritime                                                                                M16475.lD, which guide the Coast
                                                advisories widely available to users of                  aggregate, or by the private sector of
                                                                                                         $100,000,000 (adjusted for inflation) or              Guard in complying with the National
                                                Indian River Bay.                                                                                              Environmental Policy Act of 1969
                                                                                                         more in any one year. Though this
                                                   If you think that your business,                      proposed rule would not result in such                (NEPA) (42 U.S.C. 4321–4370f), and
                                                organization, or governmental
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                                                                                                         an expenditure, we do discuss the                     have made a preliminary determination
                                                jurisdiction qualifies as a small entity                 effects of this rule elsewhere in this                that this action is one of a category of
                                                and that this rule would have a                          preamble.                                             actions that do not individually or
                                                significant economic impact on it,                                                                             cumulatively have a significant effect on
                                                please submit a comment (see                             8. Taking of Private Property                         the human environment. This proposed
                                                ADDRESSES) explaining why you think it                      This proposed rule would not cause a               rule involves implementation of
                                                qualifies and how and to what degree                     taking of private property or otherwise               regulations within 33 CFR part 165,
                                                this rule would economically affect it.                  have taking implications under                        applicable to safety zones on the


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                                                                         Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules                                          42075

                                                navigable waterways. This zone will                        (4) Each person and vessel in a safety              the Final Rules section of this Federal
                                                temporarily restrict vessel traffic from                 zone shall obey any direction or order                Register, EPA is approving the
                                                anchoring or transiting a portion of                     of the Captain of the Port; and                       Commonwealth’s SIP submittal as a
                                                Indian River Bay near Millsboro,                           (5) No person may board, or take or                 direct final rule without prior proposal
                                                Delaware, in order to protect the safety                 place any article or thing on board, any              because the Agency views this as a
                                                of life and property on the waters while                 vessel in a safety zone without the                   noncontroversial submittal and
                                                a fireworks display is conducted. This                   permission of the Captain of the Port.                anticipates no adverse comments. A
                                                rule is categorically excluded from                        (c) Definitions. In this section—                   detailed rationale for the approval is set
                                                further review under paragraph 34(g) of                    Captain of the Port means the                       forth in the direct final rule. If no
                                                Figure 2–1 of the Commandant                             Commander, Coast Guard Sector                         adverse comments are received in
                                                Instruction. A preliminary                               Delaware Bay, or any Coast Guard                      response to this action, no further
                                                environmental analysis checklist                         commissioned, warrant or petty officer                activity is contemplated. If EPA receives
                                                supporting this determination and a                      who has been authorized by the Captain                adverse comments, the direct final rule
                                                Categorical Exclusion Determination are                  of the Port to act on his behalf.                     will be withdrawn and all public
                                                available in the docket where indicated                    Designated representative means any                 comments received will be addressed in
                                                under ADDRESSES. We seek any                             Coast Guard commissioned, warrant or                  a subsequent final rule based on this
                                                comments or information that may lead                    petty officer who has been authorized                 proposed rule. EPA will not institute a
                                                to the discovery of a significant                        by the Captain of the Port, Delaware                  second comment period. Any parties
                                                environmental impact from this                           Bay, to assist in enforcing the safety                interested in commenting on this action
                                                proposed rule.                                           zone described in paragraph (a) of this               should do so at this time.
                                                                                                         section.                                              DATES: Comments must be received in
                                                List of Subjects in 33 CFR Part 165
                                                                                                           (d) Enforcement agencies. The U.S.                  writing by August 17, 2015.
                                                  Harbors, Marine safety, Navigation                     Coast Guard may be assisted by Federal,               ADDRESSES: Submit your comments,
                                                (water), Reporting and recordkeeping                     State, and local agencies in the patrol               identified by Docket ID Number EPA–
                                                requirements, Security measures,                         and enforcement of the zone.                          R03–OAR–2015–0360 by one of the
                                                Waterways.                                                 (e) Enforcement period. This safety                 following methods:
                                                  For the reasons discussed in the                       zone will be enforced on August 22 and                   A. www.regulations.gov. Follow the
                                                preamble, the Coast Guard proposes to                    September 26, 2015, from 8:45 p.m.                    on-line instructions for submitting
                                                amend 33 CFR part 165 as follows:                        until 10:15 p.m., unless cancelled                    comments.
                                                                                                         earlier by the Captain of the Port.                      B. Email: fernandez.cristina@epa.gov.
                                                PART 165—REGULATED NAVIGATION                            Should inclement weather require                         C. Mail: EPA–R03–OAR–2015–0360,
                                                AREAS AND LIMITED ACCESS AREAS                           cancellation of the fireworks display on              Cristina Fernandez, Associate Director,
                                                                                                         the above scheduled dates, the safety                 Office of Air Program Planning, Air
                                                ■ 1. The authority citation for part 165                 zone will be enforced between 8:45 p.m.
                                                continues to read as follows:                                                                                  Protection Division, Mailcode 3AP30,
                                                                                                         and 10:15 p.m. on August 23 and                       U.S. Environmental Protection Agency,
                                                  Authority: 33 U.S.C 1231; 50 U.S.C. 191;               September 27, 2015, unless cancelled                  Region III, 1650 Arch Street,
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;                    earlier by the Captain of the Port.
                                                Department of Homeland Security Delegation
                                                                                                                                                               Philadelphia, Pennsylvania 19103.
                                                No. 0170.1.                                                Dated: June 29, 2015.                                  D. Hand Delivery: At the previously-
                                                                                                         B.A. Cooper,                                          listed EPA Region III address. Such
                                                ■ 2. Add temporary § 165.T05–0563 to                                                                           deliveries are only accepted during the
                                                read as follows:                                         Captain, U.S. Coast Guard, Captain of the
                                                                                                         Port Delaware Bay.                                    Docket’s normal hours of operation, and
                                                § 165.T05–0563 Safety Zone, Indian River                 [FR Doc. 2015–17482 Filed 7–15–15; 8:45 am]           special arrangements should be made
                                                Bay; Millsboro, DE.                                      BILLING CODE 9110–04–P
                                                                                                                                                               for deliveries of boxed information.
                                                   (a) Regulated area. The following area                                                                         Instructions: Direct your comments to
                                                is a safety zone: All waters of Indian                                                                         Docket ID No. EPA–R03–OAR–2015–
                                                River Bay within a 200-foot radius of a                                                                        0360. EPA’s policy is that all comments
                                                                                                         ENVIRONMENTAL PROTECTION
                                                fireworks barge located approximately                                                                          received will be included in the public
                                                                                                         AGENCY
                                                at position 38–36.58 N., 075–09.00 W.                                                                          docket without change, and may be
                                                near Millsboro, Delaware.                                40 CFR Part 52                                        made available online at
                                                   (b) Regulations. The general safety                                                                         www.regulations.gov, including any
                                                                                                         [EPA–R03–OAR–2015–0360; FRL–9930–62–                  personal information provided, unless
                                                zone regulations found in subpart C of                   Region 3]
                                                this part apply to this safety zone                                                                            the comment includes information
                                                created by this section.                                                                                       claimed to be Confidential Business
                                                                                                         Approval and Promulgation of Air
                                                   (1) All persons and vessels are                                                                             Information (CBI) or other information
                                                                                                         Quality Implementation Plans; Virginia;
                                                prohibited from entering this zone,                                                                            whose disclosure is restricted by statute.
                                                                                                         Revision to the Definition of Volatile
                                                except as authorized by the Coast Guard                                                                        Do not submit information that you
                                                                                                         Organic Compounds
                                                Captain of the Port or his designated                                                                          consider to be CBI or otherwise
                                                representative.                                          AGENCY:  Environmental Protection                     protected through www.regulations.gov
                                                   (2) This section applies to all vessels               Agency (EPA).                                         or email. The www.regulations.gov Web
                                                wishing to transit through the safety                    ACTION: Proposed rule.                                site is an ‘‘anonymous access’’ system,
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                                                zone except vessels that are engaged in                                                                        which means EPA will not know your
                                                the following operations:                                SUMMARY:   The Environmental Protection               identity or contact information unless
                                                   (i) Enforcing laws;                                   Agency (EPA) proposes to approve the                  you provide it in the body of your
                                                   (ii) Servicing aids to navigation; and                State Implementation Plan (SIP)                       comment. If you send an email
                                                   (iii) Emergency response vessels.                     revision submitted by the                             comment directly to EPA without going
                                                   (3) No person or vessel may enter or                  Commonwealth of Virginia for the                      through www.regulations.gov, your
                                                remain in a safety zone without the                      purpose of revising the definition of                 email address will be automatically
                                                permission of the Captain of the Port;                   volatile organic compounds (VOC). In                  captured and included as part of the


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Document Created: 2015-12-15 13:13:53
Document Modified: 2015-12-15 13:13:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before July 23, 2015.
ContactIf you have questions on this proposed 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 42072 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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