82 FR 26846 - Safety Zone; Delaware River, Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 111 (June 12, 2017)

Page Range		26846-26848
FR Document		2017-12093

The Coast Guard is establishing a temporary safety zone for multiple fireworks events located at Penns Landing in Philadelphia, Pennsylvania for the waters of the Delaware River, Philadelphia, PA. Enforcement of this safety zone is necessary and intended to enhance safety of life on the navigable waters immediately prior to, during, and immediately after these fireworks events. During the enforcement periods, no vessel may enter in or transit this regulated area without approval from the Captain of the Port or a designated representative.

Federal Register, Volume 82 Issue 111 (Monday, June 12, 2017)

[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Rules and Regulations]
[Pages 26846-26848]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12093]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0399]
RIN 1625-AA00


Safety Zone; Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
multiple fireworks events located at Penns Landing in Philadelphia, 
Pennsylvania for the waters of the Delaware River, Philadelphia, PA. 
Enforcement of this safety zone is necessary and intended to enhance 
safety of life on the navigable waters immediately prior to, during, 
and immediately after these fireworks events. During the enforcement 
periods, no vessel may enter in or transit this regulated area without 
approval from the Captain of the Port or a designated representative.

DATES: This rule is effective from June 12, 2017, until June 13, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0399 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST2 Amanda Boone, U.S. Coast Guard, Sector Delaware Bay, 
Waterways Management Division, Coast Guard; telephone (215) 271-4814, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 with 
respect to this rule because doing so would be impracticable and 
contrary to the public interest. The final details for the safety zone 
were not known until May 3, 2017, preventing the Coast Guard from 
publishing a notice of proposed rulemaking in the Federal Register with 
opportunity for public comment. Delaying this action to allow an 
opportunity for public comment would be contrary to the rule's 
objective of enhancing safety of life on the navigable waters and 
protection of persons and vessels near the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register because doing so would be 
impracticable and contrary to the public interest. Delaying the

[[Page 26847]]

effective date would be contrary to the rule's objectives of ensuring 
safety of life on the navigable waters and protection near the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Delaware Bay has determined that this 
temporary safety zone is necessary to provide safety during the 
fireworks events, and to ensure protection of the public.

IV. Discussion of the Rule

    On June 12, 2017, and June 13, 2017 fireworks display events will 
take place at Penn's Landing, in Philadelphia, PA. The Coast Guard is 
establishing a temporary safety zone in a portion of the Delaware 
River, Philadelphia, PA to ensure the safety of persons, vessels and 
the public during the event. The safety zone includes all waters of 
Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded 
from shoreline to shoreline, bounded on the south by a line running 
east to west from points along the shoreline commencing at latitude 
39[deg]56'31.2'' N., longitude 075[deg]08'28.1'' W.; thence westward to 
latitude 39[deg]56'29''.1 N., longitude 075[deg]07'56.5'' W., and 
bounded on the north by the Benjamin Franklin Bridge where it crosses 
the Delaware River.
    Access to this safety zone will be restricted during the specified 
date and time period. Only vessels or persons specifically authorized 
by the Captain of the Port Delaware Bay or designated representative 
may enter or remain in the regulated area. These safety zones will be 
enforced on June 12, 2017 and June 13, 2017 from 8:45 p.m. to 10:30 
p.m., each day.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    This rule has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic will be 
unable to transit the safety zone for the duration of the fireworks 
event however; this safety zone will impact a small designated area of 
the Delaware River, in Philadelphia, PA, for less than 2 hours during 
the fireworks event. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners via VHF-FM marine channel 16 regarding the safety 
zone; under the regulation vessel operators may request permission to 
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the

[[Page 26848]]

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

F. 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 (42 U.S.C. 4321-4370f), and have determined that it 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule adjusts rates in accordance with applicable statutory and 
regulatory mandates. It is categorically excluded under section 2.B.2, 
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor 
regulatory changes that are editorial or procedural in nature. A Record 
of Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0399 to read as follows:


Sec.  165.T05-0399  Safety Zone; Delaware River; Philadelphia, PA.

    (a) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer operating on board a Coast 
Guard vessel and or on board another Federal, State, or local law 
enforcement vessel assisting the Captain of the Port, Delaware Bay in 
the enforcement of the safety zone.
    (b) Location. The following area is a security zone: All waters of 
Delaware River, adjacent to Penns Landing, Philadelphia, PA, bounded 
from shoreline to shoreline, bounded on the south by a line running 
east to west from points along the shoreline commencing at latitude 
39[deg]56'31.2'' N., longitude 075[deg]08'28.1'' W.; thence westward to 
latitude 39[deg]56'29''.1 N., longitude 075[deg]07'56.5'' W., and 
bounded on the north by the Benjamin Franklin Bridge where it crosses 
the Delaware River.
    (c) Regulations. (1) The general safety zone regulations found in 
Sec.  165.23 apply to the safety zone created by this temporary 
section.
    (2) Under the general safety zone regulations in Sec.  165.23, 
persons may not enter the safety zone described in paragraph (b) of 
this section unless authorized by the COTP or the COTP's designated 
representative.
    (3) To request permission to enter the safety zone, contact the 
COTP or the COTP's representative on VHF-FM channel 16. All persons and 
vessels in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period. This section will be enforced on June 12, 
2017, and June 13, 2017 from 8:45 p.m. to 10:30 p.m., each day.

    Dated: June 6, 2017.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-12093 Filed 6-9-17; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Rules and Regulations 26847

effective date would be contrary to the Regulatory Costs’’), directs agencies to concerning its provisions or options for
rule’s objectives of ensuring safety of reduce regulation and control regulatory compliance, please contact the person
life on the navigable waters and costs and provides that ‘‘for every one listed in the FOR FURTHER INFORMATION
protection near the event. new regulation issued, at least two prior CONTACT section.
regulations be identified for elimination, Small businesses may send comments
III. Legal Authority and Need for Rule and that the cost of planned regulations on the actions of federal employees who
The Coast Guard is issuing this rule be prudently managed and controlled enforce, or otherwise determine
under authority in 33 U.S.C. 1231. The through a budgeting process.’’ compliance with, federal regulations to
Captain of the Port Delaware Bay has This rule has not been designated a the Small Business and Agriculture
determined that this temporary safety ‘‘significant regulatory action,’’ under Regulatory Enforcement Ombudsman
zone is necessary to provide safety Executive Order 12866. Accordingly, it and the Regional Small Business
during the fireworks events, and to has not been reviewed by the Office of Regulatory Fairness Boards. The
ensure protection of the public. Management and Budget. Ombudsman evaluates these actions
As this rule is not a significant annually and rates each agency’s
IV. Discussion of the Rule regulatory action, this rule is exempt responsiveness to small business. If you
On June 12, 2017, and June 13, 2017 from the requirements of Executive wish to comment on actions by
fireworks display events will take place Order 13771. See OMB’s Memorandum employees of the Coast Guard, call 1–
at Penn’s Landing, in Philadelphia, PA. titled ‘‘Interim Guidance Implementing 888–REG–FAIR (1–888–734–3247). The
The Coast Guard is establishing a Section 2 of the Executive Order of Coast Guard will not retaliate against
temporary safety zone in a portion of the January 30, 2017 titled ‘Reducing small entities that question or complain
Delaware River, Philadelphia, PA to Regulation and Controlling Regulatory about this rule or any policy or action
ensure the safety of persons, vessels and Costs’ ’’ (February 2, 2017). of the Coast Guard.
the public during the event. The safety This regulatory action determination
zone includes all waters of Delaware is based on the size, location, and C. Collection of Information
River, adjacent to Penns Landing, duration of the safety zone. Vessel This rule calls for no new collection
Philadelphia, PA, bounded from traffic will be unable to transit the safety of information under the Paperwork
shoreline to shoreline, bounded on the zone for the duration of the fireworks Reduction Act of 1995 (44 U.S.C. 3501–
south by a line running east to west event however; this safety zone will 3520).
from points along the shoreline impact a small designated area of the
Delaware River, in Philadelphia, PA, for D. Federalism and Indian Tribal
commencing at latitude 39°56′31.2″ N.,
less than 2 hours during the fireworks Governments
longitude 075°08′28.1″ W.; thence
westward to latitude 39°56′29″.1 N., event. Moreover, the Coast Guard will A rule has implications for federalism
longitude 075°07′56.5″ W., and bounded issue Broadcast Notice to Mariners via under Executive Order 13132,
on the north by the Benjamin Franklin VHF–FM marine channel 16 regarding Federalism, if it has a substantial direct
Bridge where it crosses the Delaware the safety zone; under the regulation effect on the States, on the relationship
River. vessel operators may request permission between the national government and
Access to this safety zone will be to enter the zone. the States, or on the distribution of
restricted during the specified date and power and responsibilities among the
B. Impact on Small Entities various levels of government. We have
time period. Only vessels or persons
specifically authorized by the Captain of The Regulatory Flexibility Act of analyzed this rule under that Order and
the Port Delaware Bay or designated 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent
representative may enter or remain in requires federal agencies to consider the with the fundamental federalism
the regulated area. These safety zones potential impact of regulations on small principles and preemption requirements
will be enforced on June 12, 2017 and entities during rulemaking. The term described in Executive Order 13132.
June 13, 2017 from 8:45 p.m. to 10:30 ‘‘small entities’’ comprises small Also, this rule does not have tribal
p.m., each day. businesses, not-for-profit organizations implications under Executive Order
that are independently owned and 13175, Consultation and Coordination
V. Regulatory Analyses operated and are not dominant in their with Indian Tribal Governments,
We developed this rule after fields, and governmental jurisdictions because it does not have a substantial
considering numerous statutes and with populations of less than 50,000. direct effect on one or more Indian
Executive orders related to rulemaking. The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
Below we summarize our analyses 605(b) that this rule will not have a Federal Government and Indian tribes,
based on a number of these statutes and significant economic impact on a or on the distribution of power and
Executive orders, and we discuss First substantial number of small entities. responsibilities between the Federal
Amendment rights of protestors. While some owners or operators of Government and Indian tribes. If you
vessels intending to transit the safety believe this rule has implications for
A. Regulatory Planning and Review zone may be small entities, for the federalism or Indian tribes, please
Executive Orders 12866 and 13563 reasons stated in section V.A above, this contact the person listed in the FOR
direct agencies to assess the costs and rule will not have a significant FURTHER INFORMATION CONTACT section
benefits of available regulatory economic impact on any vessel owner above.
alternatives and, if regulation is or operator.
necessary, to select regulatory Under section 213(a) of the Small E. Unfunded Mandates Reform Act
pmangrum on DSK3GDR082PROD with RULES

approaches that maximize net benefits. Business Regulatory Enforcement The Unfunded Mandates Reform Act
Executive Order 13563 emphasizes the Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
importance of quantifying both costs we want to assist small entities in federal agencies to assess the effects of
and benefits, of reducing costs, of understanding this rule. If the rule their discretionary regulatory actions. In
harmonizing rules, and of promoting would affect your small business, particular, the Act addresses actions
flexibility. Executive Order 13771 organization, or governmental that may result in the expenditure by a
(‘‘Reducing Regulation and Controlling jurisdiction and you have questions State, local, or tribal government, in the

VerDate Sep<11>2014 15:07 Jun 09, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1

Document Created: 2017-06-10 01:40:55
Document Modified: 2017-06-10 01:40:55

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from June 12, 2017, until June 13, 2017.
Contact		If you have questions on this rule, call or email MST2 Amanda Boone, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast Guard; telephone (215) 271-4814, email [email protected]
FR Citation		82 FR 26846
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 26846 - Safety Zone; Delaware River, Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 111 (June 12, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard