80_FR_53637 80 FR 53465 - Safety Zone, Labor Day Long Neck Style Fireworks, Indian River Bay; Long Neck, DE

80 FR 53465 - Safety Zone, Labor Day Long Neck Style Fireworks, Indian River Bay; Long Neck, DE

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 172 (September 4, 2015)

Page Range53465-53467
FR Document2015-21953

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

Federal Register, Volume 80 Issue 172 (Friday, September 4, 2015)
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Rules and Regulations]
[Pages 53465-53467]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21953]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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

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

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0823]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email If you have questions on this temporary rule, call or 
email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware 
Bay, Chief Waterways Management Division, Coast Guard; telephone 
(215)271-4851, email Brennan.P.Dougherty@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule as publishing an NPRM is impracticable given 
that the final details for this event were not received by the Coast 
Guard until August 18, 2015, and this event is scheduled for September 
6, 2015.
    For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

B. Basis and Purpose

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

C. Discussion of the Final Rule

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

D. Regulatory Analyses

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

1. Regulatory Planning and Review

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

[[Page 53466]]

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

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule will affect the following entities, some of 
which may be small entities: the owners or operators of vessels 
intending to anchor or transit along a portion of Indian River Bay in 
Long Neck, DE from 8:00 p.m. until 10:00 p.m. on September 6, 2015, 
unless cancelled earlier by the Captain of the Port once all operations 
are completed.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons stated under 
paragraph D.1., Regulatory Planning and Review.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves implementation of regulations within 33 
CFR part 165, applicable to safety zones on the navigable waterways. 
This zone will temporarily restrict vessel traffic from transiting the 
Indian River Bay along the shoreline of Long Neck, Delaware, in order 
to protect the safety of life and property on the waters for the 
duration of the fireworks display. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

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


[[Page 53467]]


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T05-0823 to read as follows:


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

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

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



                                                              Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations                                         53465

                                             on signal if at least four hours notice is              DATES: This rule is effective from 8:00               B. Basis and Purpose
                                             given, as required by 33 CFR 117.189(a).                p.m. to 10:00 p.m. on September 6,                       The legal basis for the rule is the
                                             Navigation on the waterway is                           2015.                                                 Coast Guard’s authority to establish
                                             commercial and recreational.                            ADDRESSES:   Documents mentioned in                   regulated navigation areas and other
                                                The drawspan will be secured in the                  this preamble are part of docket [USCG–               limited access areas: 33 U.S.C. 1231; 33
                                             closed-to-navigation position 1 p.m. to                 2015–0823]. To view documents                         CFR 1.05–1, 160.5; Department of
                                             10 p.m. on September 27, 2015, to allow                 mentioned in this preamble as being                   Homeland Security Delegation No.
                                             the community to participate in the                     available in the docket, go to http://                0170.1.
                                             Farm to Fork dinner event. This                         www.regulations.gov, type the docket                     The purpose of this safety zone is to
                                             temporary deviation has been                            number in the ‘‘SEARCH’’ box and click                protect mariners and spectators from the
                                             coordinated with the waterway users.                    ‘‘SEARCH.’’ Click on Open Docket                      hazards associated with the fireworks
                                             No objections to the proposed                           Folder on the line associated with this               display, such as accidental discharge of
                                             temporary deviation were raised.                        rulemaking. You may also visit the                    fireworks, dangerous projectiles, and
                                                Vessels able to pass through the                     Docket Management Facility in Room                    falling hot embers or other debris.
                                             bridge in the closed position may do so                 W12–140 on the ground floor of the
                                             at anytime. The bridge will not be able                                                                       C. Discussion of the Final Rule
                                                                                                     Department of Transportation West
                                             to open for emergencies and there is no                                                                          To mitigate the risks associated with
                                                                                                     Building, 1200 New Jersey Avenue SE.,
                                             immediate alternate route for vessels to                                                                      the Labor Day Long Neck Style
                                                                                                     Washington, DC 20590, between 9 a.m.
                                             pass. The Coast Guard will also inform                                                                        Fireworks Display, the Captain of the
                                                                                                     and 5 p.m., Monday through Friday,
                                             the users of the waterway through our                                                                         Port, Delaware Bay is establishing a
                                                                                                     except Federal holidays.
                                             Local and Broadcast Notices to Mariners                                                                       temporary safety zone in the vicinity of
                                                                                                     FOR FURTHER INFORMATION CONTACT: If                   the launch site. The safety zone will
                                             of the change in operating schedule for
                                             the bridge so that vessels can arrange                  you have questions on this rule, call or              encompass all waters of Indian River
                                             their transits to minimize any impact                   email If you have questions on this                   Bay within a 230 Yard radius of the
                                             caused by the temporary deviation.                      temporary rule, call or email Lieutenant              fireworks launch platform in
                                                In accordance with 33 CFR 117.35(e),                 Brennan Dougherty, U.S. Coast Guard,                  approximate position 38°36′35.8″ N.,
                                             the drawbridge must return to its regular               Sector Delaware Bay, Chief Waterways                  075°09′04.4″ W. in Long Neck, DE. The
                                             operating schedule immediately at the                   Management Division, Coast Guard;                     safety zone will be effective and
                                             end of the effective period of this                     telephone (215)271–4851, email                        enforced from 8:00 p.m. until 10:00 p.m.
                                             temporary deviation. This deviation                     Brennan.P.Dougherty@uscg.mil. If you                  on September 6, 2015. Entry into,
                                             from the operating regulations is                       have questions on viewing or submitting               transiting, or anchoring within the
                                             authorized under 33 CFR 117.35.                         material to the docket, call Cheryl                   safety zone is prohibited unless
                                                                                                     Collins, Program Manager, Docket                      authorized by the Captain of the Port,
                                               Dated: August 19, 2015.                               Operations, telephone (202) 366–9826.                 Delaware Bay, or his on-scene
                                             D.H. Sulouff,                                           SUPPLEMENTARY INFORMATION:                            representative. The Captain of the Port,
                                             District Bridge Chief, Eleventh Coast Guard                                                                   Delaware Bay, or his on-scene
                                             District.                                               Table of Acronyms
                                                                                                                                                           representative may be contacted via
                                             [FR Doc. 2015–22026 Filed 9–3–15; 8:45 am]              DHS Department of Homeland Security                   VHF channel 16.
                                             BILLING CODE 9110–04–P                                  FR Federal Register
                                                                                                     NPRM Notice of Proposed Rulemaking                    D. Regulatory Analyses
                                                                                                     COTP Captain of the Port                                We developed this rule after
                                             DEPARTMENT OF HOMELAND                                  A. Regulatory History and Information                 considering numerous statutes and
                                             SECURITY                                                                                                      executive orders related to rulemaking.
                                                                                                        The Coast Guard is issuing this final              Below we summarize our analyses
                                             Coast Guard                                             rule without prior notice and                         based on these statutes or executive
                                                                                                     opportunity to comment pursuant to                    orders.
                                             33 CFR Part 165                                         authority under section 4(a) of the
                                                                                                     Administrative Procedure Act (APA) (5                 1. Regulatory Planning and Review
                                             [Docket Number USCG–2015–0823]                          U.S.C. 553(b)). This provision                           This rule is not a significant
                                                                                                     authorizes an agency to issue a rule                  regulatory action under section 3(f) of
                                             RIN 1625–AA00                                           without prior notice and opportunity to               Executive Order 12866, Regulatory
                                                                                                     comment when the agency for good                      Planning and Review, as supplemented
                                             Safety Zone, Labor Day Long Neck
                                                                                                     cause finds that those procedures are                 by Executive Order 13563, Improving
                                             Style Fireworks, Indian River Bay;
                                                                                                     ‘‘impracticable, unnecessary, or contrary             Regulation and Regulatory Review, and
                                             Long Neck, DE
                                                                                                     to the public interest.’’ Under 5 U.S.C.              does not require an assessment of
                                             AGENCY:    Coast Guard, DHS.                            553(b)(B), the Coast Guard finds that                 potential costs and benefits under
                                             ACTION:   Temporary final rule.                         good cause exists for not publishing a                section 6(a)(3) of Executive Order 12866
                                                                                                     notice of proposed rulemaking (NPRM)                  or under section 1 of Executive Order
                                             SUMMARY:   The Coast Guard is                           with respect to this rule as publishing               13563. The Office of Management and
                                             establishing a temporary safety zone on                 an NPRM is impracticable given that the               Budget has not reviewed it under those
                                             the waters of Indian River Bay in Long                  final details for this event were not                 Orders. Although this regulation will
                                             Neck, DE. The safety zone will restrict                 received by the Coast Guard until                     restrict access to the regulated area, the
                                             vessel traffic on a portion of Indian                                                                         effect of this rule will not be significant
rmajette on DSK2VPTVN1PROD with RULES




                                                                                                     August 18, 2015, and this event is
                                             River Bay from operating while a                        scheduled for September 6, 2015.                      because: the Coast Guard will make
                                             fireworks event is taking place. This                      For similar reasons, under 5 U.S.C.                extensive notification of the Safety Zone
                                             temporary safety zone is necessary to                   553(d)(3), the Coast Guard finds that                 to the maritime public via maritime
                                             protect the surrounding public and                      good cause exists for making this rule                advisories so mariners can alter their
                                             vessels from the hazards associated with                effective less than 30 days after                     plans accordingly, vessels may still be
                                             a fireworks display.                                    publication in the Federal Register.                  permitted to transit through the safety


                                        VerDate Sep<11>2014   13:57 Sep 03, 2015   Jkt 235001   PO 00000   Frm 00009   Fmt 4700   Sfmt 4700   E:\FR\FM\04SER1.SGM   04SER1


                                             53466            Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations

                                             zone with the permission of the Captain                 4. Collection of Information                          11. Indian Tribal Governments
                                             of the Port on a case-by-case basis, and                   This rule will not call for a new
                                             this rule will be enforced for only the                                                                          This rule does not have tribal
                                                                                                     collection of information under the                   implications under Executive Order
                                             duration of the fireworks display.                      Paperwork Reduction Act of 1995 (44                   13175, Consultation and Coordination
                                             2. Impact on Small Entities                             U.S.C. 3501–3520).                                    with Indian Tribal Governments,
                                                                                                     5. Federalism                                         because it does not have a substantial
                                                The Regulatory Flexibility Act of 1980                                                                     direct effect on one or more Indian
                                             (RFA), 5 U.S.C. 601–612, as amended,                       A rule has implications for federalism
                                                                                                                                                           tribes, on the relationship between the
                                             requires federal agencies to consider the               under Executive Order 13132,
                                                                                                                                                           Federal Government and Indian tribes,
                                             potential impact of regulations on small                Federalism, if it has a substantial direct
                                                                                                                                                           or on the distribution of power and
                                             entities during rulemaking. The term                    effect on the States, on the relationship
                                                                                                                                                           responsibilities between the Federal
                                             ‘‘small entities’’ comprises small                      between the national government and
                                                                                                                                                           Government and Indian tribes.
                                             businesses, not-for-profit organizations                the States, or on the distribution of
                                             that are independently owned and                        power and responsibilities among the                  12. Energy Effects
                                             operated and are not dominant in their                  various levels of government. We have
                                                                                                     analyzed this rule under that Order and                 This action is not a ‘‘significant
                                             fields, and governmental jurisdictions
                                                                                                     determined that this rule does not have               energy action’’ under Executive Order
                                             with populations of less than 50,000.
                                                                                                     implications for federalism.                          13211, Actions Concerning Regulations
                                             The Coast Guard certifies under 5 U.S.C.
                                                                                                                                                           That Significantly Affect Energy Supply,
                                             605(b) that this rule will not have a                   6. Protest Activities                                 Distribution, or Use.
                                             significant economic impact on a
                                             substantial number of small entities.                      The Coast Guard respects the First                 13. Technical Standards
                                             This rule will affect the following                     Amendment rights of protesters.
                                             entities, some of which may be small                    Protesters are asked to contact the                     This rule does not use technical
                                             entities: the owners or operators of                    person listed in the FOR FURTHER                      standards. Therefore, we did not
                                             vessels intending to anchor or transit                  INFORMATION CONTACT section to                        consider the use of voluntary consensus
                                             along a portion of Indian River Bay in                  coordinate protest activities so that your            standards.
                                             Long Neck, DE from 8:00 p.m. until                      message can be received without
                                                                                                                                                           14. Environment
                                             10:00 p.m. on September 6, 2015, unless                 jeopardizing the safety or security of
                                             cancelled earlier by the Captain of the                 people, places or vessels.                               We have analyzed this rule under
                                             Port once all operations are completed.                 7. Unfunded Mandates Reform Act                       Department of Homeland Security
                                                                                                                                                           Management Directive 023–01 and
                                                This safety zone will not have a                        The Unfunded Mandates Reform Act                   Commandant Instruction M16475.lD,
                                             significant economic impact on a                        of 1995 (2 U.S.C. 1531–1538) requires                 which guide the Coast Guard in
                                             substantial number of small entities for                Federal agencies to assess the effects of             complying with the National
                                             the reasons stated under paragraph D.1.,                their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                             Regulatory Planning and Review.                         particular, the Act addresses actions                 (NEPA) (42 U.S.C. 4321–4370f), and
                                             3. Assistance for Small Entities                        that may result in the expenditure by a               have determined that this action is one
                                                                                                     State, local, or tribal government, in the            of a category of actions that do not
                                                Under section 213(a) of the Small                    aggregate, or by the private sector of                individually or cumulatively have a
                                             Business Regulatory Enforcement                         $100,000,000 (adjusted for inflation) or              significant effect on the human
                                             Fairness Act of 1996 (Pub. L. 104–121),                 more in any one year. Though this rule                environment. This rule involves
                                             we want to assist small entities in                     will not result in such expenditure, we               implementation of regulations within 33
                                             understanding this rule. If the rule                    do discuss the effects of this rule                   CFR part 165, applicable to safety zones
                                             would affect your small business,                       elsewhere in this preamble.                           on the navigable waterways. This zone
                                             organization, or governmental                           8. Taking of Private Property                         will temporarily restrict vessel traffic
                                             jurisdiction and you have questions                                                                           from transiting the Indian River Bay
                                             concerning its provisions or options for                   This rule will not cause a taking of
                                                                                                                                                           along the shoreline of Long Neck,
                                             compliance, please contact the person                   private property or otherwise have
                                                                                                                                                           Delaware, in order to protect the safety
                                             listed in the FOR FURTHER INFORMATION                   taking implications under Executive
                                                                                                                                                           of life and property on the waters for the
                                             CONTACT, above.                                         Order 12630, Governmental Actions and
                                                                                                                                                           duration of the fireworks display. This
                                                                                                     Interference with Constitutionally
                                                Small businesses may send comments                                                                         rule is categorically excluded from
                                                                                                     Protected Property Rights.
                                             on the actions of Federal employees                                                                           further review under paragraph 34(g) of
                                             who enforce, or otherwise determine                     9. Civil Justice Reform                               Figure 2–1 of the Commandant
                                             compliance with, Federal regulations to                    This rule meets applicable standards               Instruction. A preliminary
                                             the Small Business and Agriculture                      in sections 3(a) and 3(b)(2) of Executive             environmental analysis checklist
                                             Regulatory Enforcement Ombudsman                        Order 12988, Civil Justice Reform, to                 supporting this determination and a
                                             and the Regional Small Business                         minimize litigation, eliminate                        Categorical Exclusion Determination are
                                             Regulatory Fairness Boards. The                         ambiguity, and reduce burden.                         available in the docket where indicated
                                             Ombudsman evaluates these actions                                                                             under ADDRESSES. We seek any
                                             annually and rates each agency’s                        10. Protection of Children                            comments or information that may lead
                                             responsiveness to small business. If you                  We have analyzed this rule under                    to the discovery of a significant
                                             wish to comment on actions by                           Executive Order 13045, Protection of                  environmental impact from this rule.
rmajette on DSK2VPTVN1PROD with RULES




                                             employees of the Coast Guard, call 1–                   Children from Environmental Health                    List of Subjects in 33 CFR Part 165
                                             888–REG–FAIR (1–888–734–3247). The                      Risks and Safety Risks. This rule is not
                                             Coast Guard will not retaliate against                  an economically significant rule and                    Harbors, Marine safety, Navigation
                                             small entities that question or complain                does not create an environmental risk to              (water), Reporting and recordkeeping
                                             about this rule or any policy or action                 health or risk to safety that may                     requirements, Security measures,
                                             of the Coast Guard.                                     disproportionately affect children.                   Waterways.


                                        VerDate Sep<11>2014   13:57 Sep 03, 2015   Jkt 235001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\04SER1.SGM   04SER1


                                                              Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations                                        53467

                                               For the reasons discussed in the                        (d) Enforcement officials. The U.S.                    Instructions: Direct your comments to
                                             preamble, the Coast Guard amends 33                     Coast Guard may be assisted by Federal,               Docket ID No. EPA–R06–OAR–2013–
                                             CFR part 165 as follows:                                State, and local agencies in the patrol               0808. The EPA’s policy is that all
                                                                                                     and enforcement of the zone.                          comments received will be included in
                                             PART 165—REGULATED NAVIGATION                             (e) Enforcement period. This safety                 the public docket without change and
                                             AREAS AND LIMITED ACCESS AREAS                          zone will be effective from 8:00 p.m.                 may be made available online at
                                                                                                     until 10:00 p.m. on September 6, 2015,                http://www.regulations.gov, including
                                             ■ 1. The authority citation for part 165                unless cancelled earlier by the Captain
                                             continues to read as follows:                                                                                 any personal information provided,
                                                                                                     of the Port.                                          unless the comment includes
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               B.A. Cooper,                                          information claimed to be Confidential
                                             Department of Homeland Security Delegation              Captain, U.S. Coast Guard, Captain of the             Business Information (CBI) or other
                                             No. 0170.1.                                             Port Delaware Bay.                                    information the disclosure of which is
                                                                                                     [FR Doc. 2015–21953 Filed 9–3–15; 8:45 am]            restricted by statute. Do not submit
                                             ■ 2. Add § 165.T05–0823 to read as
                                             follows:                                                BILLING CODE 9110–04–P
                                                                                                                                                           electronically any information that you
                                                                                                                                                           consider to be CBI or other information
                                             § 165.T05–0823 Safety Zone, Labor Day                                                                         whose disclosure is restricted by statute.
                                             Long Neck Style Fireworks, Indian River                                                                       The http://www.regulations.gov Web
                                             Bay; Long Neck, DE.                                     ENVIRONMENTAL PROTECTION
                                                                                                     AGENCY                                                site is an ‘‘anonymous access’’ system,
                                                (a) Regulated area. The following area                                                                     which means that the EPA will not
                                             is a safety zone: all waters of Indian                  40 CFR Part 52                                        know your identity or contact
                                             River Bay within a 230 yard radius of                                                                         information unless you provide it in the
                                             the fireworks launch platform in                        [EPA–R06–OAR–2013–0808; FRL–9932–50–
                                                                                                     Region 6]
                                                                                                                                                           body of your comment. If you send an
                                             approximate position 38°36′35.8″ N.,                                                                          email comment directly to the EPA
                                             075°09′04.4″ W. in Long Neck, DE.                                                                             without going through http://
                                                (b) Regulations. The general safety                  Approval and Promulgation of
                                                                                                     Implementation Plans; Texas;                          www.regulations.gov, your email
                                             zone regulations found in subpart C of                                                                        address will be automatically captured
                                             this part apply to the safety zone created              Infrastructure Requirements for the
                                                                                                     1997 Ozone and the 1997 and 2006                      and included as part of the comment
                                             by this section.                                                                                              that is placed in the public docket and
                                                (1) All persons or vessels wishing to                PM2.5 NAAQS
                                                                                                                                                           made available on the Internet. If you
                                             transit through the Safety Zone must                    AGENCY: Environmental Protection                      submit an electronic comment, the EPA
                                             request authorization to do so from the                 Agency (EPA).                                         recommends that you include your
                                             Captain of the Port or his designated                   ACTION: Direct final rule.                            name and other contact information in
                                             representative one hour prior to the
                                                                                                     SUMMARY:   The Environmental Protection               the body of your comment along with
                                             intended time of transit.
                                                (2) Vessels granted permission to                    Agency (EPA) is finalizing a change to                any disk or CD–ROM submitted. If the
                                             transit must do so in accordance with                   the Code of Federal Regulations (CFR) to              EPA cannot read your comment due to
                                             the directions provided by the Captain                  reflect a 2014 EPA approval to a State                technical difficulties and cannot contact
                                             of the Port or his designated                           Implementation Plan (SIP) revision to                 you for clarification, the EPA may not
                                             representative to the vessel.                           regulate greenhouse gases (GHGs) in                   be able to consider your comment.
                                                (3) To seek permission to transit the                Texas Prevention of Significant                       Electronic files should avoid the use of
                                             Safety Zone, the Captain of the Port’s                  Deterioration (PSD) permitting program                special characters and any form of
                                             representative can be contacted via                     and to show that the SIP deficiency                   encryption and should be free of any
                                             marine radio VHF Channel 16.                            identified in a prior partial disapproval             defects or viruses. Multimedia
                                                (4) This section applies to all vessels              for the 1997 Ozone and the 1997 and                   submissions (audio, video, etc.) must be
                                             wishing to transit through the safety                   2006 PM2.5 National Ambient Air                       accompanied by a written comment.
                                             zone except vessels that are engaged in                 Quality Standards (NAAQS) has been                    The written comment is considered the
                                             the following operations:                               addressed.                                            official comment and should include
                                                (i) Enforcing laws;                                                                                        discussion of all points you wish to
                                                (ii) Servicing aids to navigation; and               DATES: This rule is effective on
                                                                                                                                                           make. The EPA will generally not
                                                (iii) Emergency response vessels.                    November 3, 2015 without further                      consider comments or comment
                                                (5) No person or vessel may enter or                 notice, unless EPA receives relevant                  contents located outside of the primary
                                             remain in a safety zone without the                     adverse comment by October 5, 2015. If                submission (i.e. on the web, cloud, or
                                             permission of the Captain of the Port;                  EPA receives such comment, EPA will                   other file sharing system). For
                                                (6) Each person and vessel in a safety               publish a timely withdrawal in the
                                                                                                                                                           additional information on submitting
                                             zone shall obey any direction or order                  Federal Register informing the public
                                                                                                                                                           comments, please visit http://
                                             of the Captain of the Port.                             that this rule will not take effect.
                                                                                                                                                           www2.epa.gov/dockets/commenting-
                                                (c) Definitions. (1) Captain of the Port             ADDRESSES: Submit your comments,                      epa-dockets.
                                             means the Commander, Coast Guard                        identified by Docket No. EPA–R06–
                                             Sector Delaware Bay, or any Coast                       OAR–2013–0808, by one of the                             Docket: The index to the docket for
                                             Guard commissioned, warrant or petty                    following methods:                                    this action is available electronically at
                                             officer who has been authorized by the                    • www.regulations.gov: Follow the                   www.regulations.gov and in hard copy
                                             Captain of the Port to act on his behalf.               on-line instructions.                                 at EPA Region 6, 1445 Ross Avenue,
                                                (2) Designated representative means                    • Email: Carl Young at young.carl@                  Suite 700, Dallas, Texas. While all
rmajette on DSK2VPTVN1PROD with RULES




                                             any Coast Guard commissioned, warrant                   epa.gov.                                              documents in the docket are listed in
                                             or petty officer who has been authorized                  • Mail or delivery: Mr. Guy                         the index, some information may be
                                             by the Captain of the Port, Delaware                    Donaldson, Chief, Air Planning Section                publicly available only at the hard copy
                                             Bay, to assist in enforcing the safety                  (6PD–L), Environmental Protection                     location (e.g., copyrighted material), and
                                             zone described in paragraph (a) of this                 Agency, 1445 Ross Avenue, Suite 1200,                 some may not be publicly available at
                                             section.                                                Dallas, Texas 75202–2733.                             either location (e.g., CBI).


                                        VerDate Sep<11>2014   13:57 Sep 03, 2015   Jkt 235001   PO 00000   Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\04SER1.SGM   04SER1



Document Created: 2015-12-15 09:57:58
Document Modified: 2015-12-15 09:57:58
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 rule is effective from 8:00 p.m. to 10:00 p.m. on September 6, 2015.
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 53465 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR