82_FR_41690 82 FR 41521 - Safety Zone; Delaware River, Philadelphia, PA

82 FR 41521 - Safety Zone; Delaware River, Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 169 (September 1, 2017)

Page Range41521-41523
FR Document2017-18617

The Coast Guard is establishing a temporary safety zone for multiple fireworks events launched in the vicinity of Penn's Landing in Philadelphia, Pennsylvania for the waters of Delaware River, Philadelphia, PA. Enforcement of this safety zone is necessary and intended to enhance safety of life on 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 169 (Friday, September 1, 2017)
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Rules and Regulations]
[Pages 41521-41523]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18617]



[[Page 41521]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0543]
RIN 1625-AA00


Safety Zone; Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
multiple fireworks events launched in the vicinity of Penn's Landing in 
Philadelphia, Pennsylvania for the waters of Delaware River, 
Philadelphia, PA. Enforcement of this safety zone is necessary and 
intended to enhance safety of life on 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 September 3, 2017 to September 13, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0543 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, 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 foregoing public comment with respect to this rule. 
Insufficient time remains to publish a Notice of Proposed Rule Making 
(NPMR) and allow for a public comment period before the events, which 
are scheduled to take place September 3, September 10, and September 
13, 2017. The safety zone must be in effect on those dates in order to 
serve its purpose of ensuring the safety of spectators and the general 
public from hazards associated with the fireworks display. Hazards may 
include accidental discharge of fireworks, dangerous projectiles, and 
falling hot embers or other debris. For those reasons, it would be 
impracticable and contrary to the public interest to publish an NPRM.
    For the reason discussed above, 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. Delaying the 
effective date would be contrary to the rule's objectives of ensuring 
safety of life on the navigable waters and protection of persons and 
vessels in the vicinity of the fireworks display. The events have been 
widely publicized in local media outlets.

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 enhance the safety of the public, 
spectators, vessels, and navigable waters immediately prior to, during, 
and immediately after these fireworks events.

IV. Discussion of the Rule

    On September 3, September 10, and September 13, 2017 fireworks 
display events will take place in the vicinity of Penn's Landing in 
Philadelphia, PA. The Coast Guard is establishing a temporary safety 
zone in a portion of Delaware River, Philadelphia, PA to ensure the 
safety of persons, vessels, and the public during the event. The safety 
zone includes all waters of the Delaware River, adjacent to Penn's 
Landing, Philadelphia, PA, bounded from shoreline to shoreline, bounded 
on the south by a line running east to west from points along the 
shoreline commencing at latitude 39[deg]56'31.2'' N., longitude 
075[deg]08'28.1'' W.; thence westward to latitude 39[deg]56'29''.1 N., 
longitude 075[deg]07'56.5'' W., and bounded on the north by the 
Benjamin Franklin Bridge where it crosses the Delaware River.
    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. This safety zone will be 
enforced on September 3, September 10, and September 13, 2017 from 7:45 
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 (OMB).
    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 
events; 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 events. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via

[[Page 41522]]

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 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.T05-0543 to read as follows:


Sec.  165.T05-0543  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 
the Delaware River, adjacent to Penn's Landing, Philadelphia, PA, 
bounded from shoreline to shoreline, bounded on the south by a line 
running east to west from points along the shoreline commencing at 
latitude 39[deg]56'31.2'' N., longitude 075[deg]08'28.1'' W.; thence 
westward to latitude 39[deg]56'29''.1 N., longitude 075[deg]07'56.5'' 
W., and bounded on the north by the Benjamin Franklin Bridge where it 
crosses the Delaware River.
    (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.

[[Page 41523]]

    (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 September 
3, 2017, September 10, 2017, and September 13, 2017 from 7:45 p.m. to 
10:30 p.m. each day.

    Dated: August 29, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-18617 Filed 8-31-17; 8:45 am]
BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations                                          41521

                                              DEPARTMENT OF HOMELAND                                  without prior notice and opportunity to               on the north by the Benjamin Franklin
                                              SECURITY                                                comment when the agency for good                      Bridge where it crosses the Delaware
                                                                                                      cause finds that those procedures are                 River.
                                              Coast Guard                                             impracticable, unnecessary, or contrary                 Access to this safety zone will be
                                                                                                      to the public interest. Under 5 U.S.C.                restricted during the specified date and
                                              33 CFR Part 165                                         553(b)(B), the Coast Guard finds that                 time period. Only vessels or persons
                                                                                                      good cause exists for foregoing public                specifically authorized by the Captain of
                                              [Docket No. USCG–2017–0543]
                                                                                                      comment with respect to this rule.                    the Port Delaware Bay or designated
                                              RIN 1625–AA00                                           Insufficient time remains to publish a                representative may enter or remain in
                                                                                                      Notice of Proposed Rule Making                        the regulated area. This safety zone will
                                              Safety Zone; Delaware River,                            (NPMR) and allow for a public comment                 be enforced on September 3, September
                                              Philadelphia, PA                                        period before the events, which are                   10, and September 13, 2017 from 7:45
                                              AGENCY:    Coast Guard, DHS.                            scheduled to take place September 3,                  p.m. to 10:30 p.m. each day.
                                              ACTION:   Temporary final rule.                         September 10, and September 13, 2017.                 V. Regulatory Analyses
                                                                                                      The safety zone must be in effect on
                                              SUMMARY:    The Coast Guard is                          those dates in order to serve its purpose               We developed this rule after
                                              establishing a temporary safety zone for                of ensuring the safety of spectators and              considering numerous statutes and
                                              multiple fireworks events launched in                   the general public from hazards                       Executive orders related to rulemaking.
                                              the vicinity of Penn’s Landing in                       associated with the fireworks display.                Below we summarize our analyses
                                              Philadelphia, Pennsylvania for the                      Hazards may include accidental                        based on a number of these statutes and
                                              waters of Delaware River, Philadelphia,                 discharge of fireworks, dangerous                     Executive orders, and we discuss First
                                              PA. Enforcement of this safety zone is                  projectiles, and falling hot embers or                Amendment rights of protestors.
                                              necessary and intended to enhance                       other debris. For those reasons, it would             A. Regulatory Planning and Review
                                              safety of life on navigable waters                      be impracticable and contrary to the
                                                                                                      public interest to publish an NPRM.                      Executive Orders 12866 and 13563
                                              immediately prior to, during, and
                                                                                                        For the reason discussed above, under               direct agencies to assess the costs and
                                              immediately after these fireworks
                                                                                                      5 U.S.C. 553(d)(3), the Coast Guard finds             benefits of available regulatory
                                              events. During the enforcement periods,
                                                                                                      that good cause exists for making this                alternatives and, if regulation is
                                              no vessel may enter in or transit this
                                                                                                      rule effective less than 30 days after                necessary, to select regulatory
                                              regulated area without approval from
                                                                                                      publication in the Federal Register.                  approaches that maximize net benefits.
                                              the Captain of the Port or a designated
                                                                                                      Delaying the effective date would be                  Executive Order 13563 emphasizes the
                                              representative.
                                                                                                      contrary to the rule’s objectives of                  importance of quantifying both costs
                                              DATES: This rule is effective from                                                                            and benefits, of reducing costs, of
                                                                                                      ensuring safety of life on the navigable
                                              September 3, 2017 to September 13,                                                                            harmonizing rules, and of promoting
                                                                                                      waters and protection of persons and
                                              2017.                                                                                                         flexibility. Executive Order 13771
                                                                                                      vessels in the vicinity of the fireworks
                                              ADDRESSES:   To view documents                          display. The events have been widely                  (‘‘Reducing Regulation and Controlling
                                              mentioned in this preamble as being                     publicized in local media outlets.                    Regulatory Costs’’), directs agencies to
                                              available in the docket, go to http://                                                                        reduce regulation and control regulatory
                                              www.regulations.gov, type USCG–2017–                    III. Legal Authority and Need for Rule                costs and provides that ‘‘for every one
                                              0543 in the ‘‘SEARCH’’ box and click                       The Coast Guard is issuing this rule               new regulation issued, at least two prior
                                              ‘‘SEARCH.’’ Click on Open Docket                        under authority in 33 U.S.C. 1231. The                regulations be identified for elimination,
                                              Folder on the line associated with this                 Captain of the Port Delaware Bay has                  and that the cost of planned regulations
                                              rule.                                                   determined that this temporary safety                 be prudently managed and controlled
                                              FOR FURTHER INFORMATION CONTACT: If                     zone is necessary to enhance the safety               through a budgeting process.’’
                                              you have questions on this rule, call or                of the public, spectators, vessels, and                  This rule has not been designated a
                                              email MST2 Amanda Boone, U.S. Coast                     navigable waters immediately prior to,                ‘‘significant regulatory action,’’ under
                                              Guard, Sector Delaware Bay, Waterways                   during, and immediately after these                   Executive Order 12866. Accordingly, it
                                              Management Division, telephone (215)                    fireworks events.                                     has not been reviewed by the Office of
                                              271–4814, email Amanda.N.Boone@                                                                               Management and Budget (OMB).
                                                                                                      IV. Discussion of the Rule                               As this rule is not a significant
                                              uscg.mil.
                                                                                                        On September 3, September 10, and                   regulatory action, this rule is exempt
                                              SUPPLEMENTARY INFORMATION:                              September 13, 2017 fireworks display                  from the requirements of Executive
                                              I. Table of Abbreviations                               events will take place in the vicinity of             Order 13771. See OMB’s Memorandum
                                                                                                      Penn’s Landing in Philadelphia, PA.                   titled ‘‘Interim Guidance Implementing
                                              CFR Code of Federal Regulations                         The Coast Guard is establishing a                     Section 2 of the Executive Order of
                                              DHS Department of Homeland Security
                                                                                                      temporary safety zone in a portion of                 January 30, 2017 titled ‘Reducing
                                              FR Federal Register
                                              § Section                                               Delaware River, Philadelphia, PA to                   Regulation and Controlling Regulatory
                                              U.S.C. United States Code                               ensure the safety of persons, vessels,                Costs’ ’’ (February 2, 2017).
                                              COTP Captain of the Port                                and the public during the event. The                     This regulatory action determination
                                                                                                      safety zone includes all waters of the                is based on the size, location, and
                                              II. Background Information and                          Delaware River, adjacent to Penn’s                    duration of the safety zone. Vessel
                                              Regulatory History                                      Landing, Philadelphia, PA, bounded                    traffic will be unable to transit the safety
sradovich on DSK3GMQ082PROD with RULES




                                                 The Coast Guard is issuing this                      from shoreline to shoreline, bounded on               zone for the duration of the fireworks
                                              temporary final rule without prior                      the south by a line running east to west              events; however, this safety zone will
                                              notice and opportunity to comment                       from points along the shoreline                       impact a small designated area of the
                                              pursuant to authority under section 4(a)                commencing at latitude 39°56′31.2″ N.,                Delaware River, in Philadelphia, PA, for
                                              of the Administrative Procedure Act                     longitude 075°08′28.1″ W.; thence                     less than 2 hours during the fireworks
                                              (APA) (5 U.S.C. 553(b)). This provision                 westward to latitude 39°56′29″.1 N.,                  events. Moreover, the Coast Guard will
                                              authorizes an agency to issue a rule                    longitude 075°07′56.5″ W., and bounded                issue Broadcast Notice to Mariners via


                                         VerDate Sep<11>2014   16:20 Aug 31, 2017   Jkt 241001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\01SER1.SGM   01SER1


                                              41522            Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations

                                              VHF–FM marine channel 16 regarding                      Federalism, if it has a substantial direct            G. Protest Activities
                                              the safety zone; under the regulation                   effect on the States, on the relationship               The Coast Guard respects the First
                                              vessel operators may request permission                 between the national government and                   Amendment rights of protesters.
                                              to enter the zone.                                      the States, or on the distribution of                 Protesters are asked to contact the
                                                                                                      power and responsibilities among the                  person listed in the FOR FURTHER
                                              B. Impact on Small Entities
                                                                                                      various levels of government. We have                 INFORMATION CONTACT section to
                                                 The Regulatory Flexibility Act of                    analyzed this rule under that Order and               coordinate protest activities so that your
                                              1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 message can be received without
                                              requires federal agencies to consider the               with the fundamental federalism                       jeopardizing the safety or security of
                                              potential impact of regulations on small                principles and preemption requirements                people, places or vessels.
                                              entities during rulemaking. The term                    described in Executive Order 13132.
                                              ‘‘small entities’’ comprises small                         Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                              businesses, not-for-profit organizations                implications under Executive Order                      Harbors, Marine safety, Navigation
                                              that are independently owned and                        13175, Consultation and Coordination                  (water), Reporting and recordkeeping
                                              operated and are not dominant in their                  with Indian Tribal Governments,                       requirements, Security measures,
                                              fields, and governmental jurisdictions                  because it does not have a substantial                Waterways.
                                              with populations of less than 50,000.                   direct effect on one or more Indian                     For the reasons discussed in the
                                              The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               preamble, the Coast Guard amends 33
                                              605(b) that this rule will not have a                   Federal Government and Indian tribes,                 CFR part 165 as follows:
                                              significant economic impact on a                        or on the distribution of power and
                                              substantial number of small entities.                   responsibilities between the Federal                  PART 165—REGULATED NAVIGATION
                                                 While some owners or operators of                    Government and Indian tribes. If you                  AREAS AND LIMITED ACCESS AREAS
                                              vessels intending to transit the safety                 believe this rule has implications for
                                              zone may be small entities, for the                                                                           ■ 1. The authority citation for part 165
                                                                                                      federalism or Indian tribes, please
                                              reasons stated in section V.A above, this                                                                     continues to read as follows:
                                                                                                      contact the person listed in the FOR
                                              rule will not have a significant                        FURTHER INFORMATION CONTACT section                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              economic impact on any vessel owner                     above.                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              or operator.                                                                                                  Department of Homeland Security Delegation
                                                 Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       No. 0170.1.
                                              Business Regulatory Enforcement                                                                               ■ 2. Add § 165.T05–0543 to read as
                                                                                                        The Unfunded Mandates Reform Act
                                              Fairness Act of 1996 (Pub. L. 104–121),                                                                       follows:
                                                                                                      of 1995 (2 U.S.C. 1531–1538) requires
                                              we want to assist small entities in
                                                                                                      federal agencies to assess the effects of             § 165.T05–0543 Safety Zone; Delaware
                                              understanding this rule. If the rule
                                                                                                      their discretionary regulatory actions. In            River; Philadelphia, PA.
                                              would affect your small business,
                                                                                                      particular, the Act addresses actions                   (a) Definitions. As used in this
                                              organization, or governmental
                                                                                                      that may result in the expenditure by a               section, designated representative
                                              jurisdiction and you have questions
                                                                                                      State, local, or tribal government, in the            means a Coast Guard Patrol
                                              concerning its provisions or options for
                                                                                                      aggregate, or by the private sector of                Commander, including a Coast Guard
                                              compliance, please contact the person
                                                                                                      $100,000,000 (adjusted for inflation) or              petty officer, warrant or commissioned
                                              listed in the FOR FURTHER INFORMATION
                                                                                                      more in any one year. Though this rule                officer operating on board a Coast Guard
                                              CONTACT section.
                                                 Small businesses may send comments                   will not result in such an expenditure,               vessel and or on board another Federal,
                                              on the actions of federal employees who                 we do discuss the effects of this rule                State, or local law enforcement vessel
                                              enforce, or otherwise determine                         elsewhere in this preamble.                           assisting the Captain of the Port,
                                              compliance with, federal regulations to                 F. Environment                                        Delaware Bay in the enforcement of the
                                              the Small Business and Agriculture                                                                            safety zone.
                                              Regulatory Enforcement Ombudsman                          We have analyzed this rule under                      (b) Location. The following area is a
                                              and the Regional Small Business                         Department of Homeland Security                       security zone: all waters of the Delaware
                                              Regulatory Fairness Boards. The                         Management Directive 023–01 and                       River, adjacent to Penn’s Landing,
                                              Ombudsman evaluates these actions                       Commandant Instruction M16475.lD,                     Philadelphia, PA, bounded from
                                              annually and rates each agency’s                        which guide the Coast Guard in                        shoreline to shoreline, bounded on the
                                              responsiveness to small business. If you                complying with the National                           south by a line running east to west
                                              wish to comment on actions by                           Environmental Policy Act of 1969 (42                  from points along the shoreline
                                              employees of the Coast Guard, call 1–                   U.S.C. 4321–4370f), and have                          commencing at latitude 39°56′31.2″ N.,
                                              888–REG–FAIR (1–888–734–3247). The                      determined that it is one of a category               longitude 075°08′28.1″ W.; thence
                                              Coast Guard will not retaliate against                  of actions that do not individually or                westward to latitude 39°56′29″.1 N.,
                                              small entities that question or complain                cumulatively have a significant effect on             longitude 075°07′56.5″ W., and bounded
                                              about this rule or any policy or action                 the human environment. This rule                      on the north by the Benjamin Franklin
                                              of the Coast Guard.                                     adjusts rates in accordance with                      Bridge where it crosses the Delaware
                                                                                                      applicable statutory and regulatory                   River.
                                              C. Collection of Information                            mandates. It is categorically excluded                   (c) Regulations. (1) The general safety
                                                This rule calls for no new collection                 under section 2.B.2, figure 2–1,                      zone regulations found in § 165.23
                                              of information under the Paperwork                      paragraph 34(g) of the Instruction,                   apply to the safety zone created by this
sradovich on DSK3GMQ082PROD with RULES




                                              Reduction Act of 1995 (44 U.S.C. 3501–                  which pertains to minor regulatory                    temporary section.
                                              3520).                                                  changes that are editorial or procedural                 (2) Under the general safety zone
                                                                                                      in nature. A Record of Environmental                  regulations in § 165.23, persons may not
                                              D. Federalism and Indian Tribal                         Consideration (REC) supporting this                   enter the safety zone described in
                                              Governments                                             determination is available in the docket              paragraph (b) of this section unless
                                                A rule has implications for federalism                where indicated in the ADDRESSES                      authorized by the COTP or the COTP’s
                                              under Executive Order 13132,                            section of this preamble.                             designated representative.


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                                                               Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations                                        41523

                                                (3) To request permission to enter the                the Supportive Services for Veteran                   make an effective program more so.’’ We
                                              safety zone, contact the COTP or the                    Families (SSVF) Program. 81 FR 49198.                 thank the commenters for supporting
                                              COTP’s representative on VHF–FM                         VA provided a 60-day comment period,                  the rule.
                                              channel 16. All persons and vessels in                  which ended on September 26, 2016.                       One commenter recommended that
                                              the safety zone must comply with all                    We received 14 comments on the                        VA revise the proposed rule to ‘‘take
                                              lawful orders or directions given to                    proposed rule. Section 2044 of title 38               into account the impact of unexpected
                                              them by the COTP or the COTP’s                          U.S.C. requires the Secretary to provide              need, such as occurs in natural disasters
                                              designated representative.                              financial assistance to eligible entities to          where Federal Disaster Area designation
                                                (d) Enforcement period: This section                  provide and coordinate the provision of               is affirmed.’’ The commenter further
                                              will be enforced on September 3, 2017,                  supportive services for very low-income               recommended that VA distribute SSVF
                                              September 10, 2017, and September 13,                   veteran families occupying permanent                  grant assistance to grantees serving in
                                              2017 from 7:45 p.m. to 10:30 p.m. each                  housing. The Secretary’s implementing                 Federal disaster areas to assist veterans
                                              day.                                                    regulations are in 38 CFR part 62, which              in need or who are displaced from their
                                                Dated: August 29, 2017.                               established the SSVF Program. Through                 homes or become homeless ‘‘due to a
                                                                                                      the SSVF Program, VA awards                           natural disaster, regardless of whether
                                              Scott E. Anderson,
                                                                                                      supportive services grants to private                 the Veteran family meets the income
                                              Captain, U.S. Coast Guard, Captain of the                                                                     eligibility requirements of SSVF.’’
                                              Port, Delaware Bay.                                     non-profit organizations or consumer
                                                                                                      cooperatives to provide or coordinate                 Additionally, VA should focus the
                                              [FR Doc. 2017–18617 Filed 8–31–17; 8:45 am]
                                                                                                      the provision of supportive services to               availability of SSVF funds to those
                                              BILLING CODE 9110–04–P                                                                                        veterans who were impacted by a
                                                                                                      very low-income veteran families who
                                                                                                      are residing in permanent housing and                 natural disaster and do not have
                                                                                                      at risk of becoming homeless. The grants              sufficient resources to relocate to ‘‘new
                                              DEPARTMENT OF VETERANS                                                                                        housing because of trauma, an inability
                                                                                                      provide services to low-income families
                                              AFFAIRS                                                                                                       to access records, and/or an inability to
                                                                                                      who are lacking a fixed, regular, and
                                                                                                      adequate nighttime residence, are at risk             access personal resources.’’ As
                                              38 CFR Part 62                                                                                                previously stated in this rulemaking 38
                                                                                                      of remaining so but for grantee
                                              RIN 2900–AP61                                           assistance, and scheduled to become                   U.S.C. 2044 is the authority that
                                                                                                      residents of permanent housing within                 establishes the SSVF program. Under
                                              Supportive Services for Veteran                         90 days pending the location or                       this program, VA may only provide
                                              Families Program                                        development of housing suitable for                   assistance to very low-income veteran
                                                                                                      permanent housing. The grants also                    families. Section 2044(f)(6) defines
                                              AGENCY:    Department of Veterans Affairs.
                                                                                                      provide services to low-income families               ‘‘very low-income veteran family’’ to
                                              ACTION:   Final rule.                                                                                         mean ‘‘a veteran family whose income
                                                                                                      who, after exiting permanent housing,
                                              SUMMARY:    The Department of Veterans                  are seeking other housing that is                     does not exceed 50 percent of the
                                              Affairs (VA) is amending its regulations                responsive to their needs and                         median income for an area’’ as
                                              that govern the Supportive Services for                 preferences. This rulemaking clarifies                determined by VA. Because the SSVF
                                              Veteran Families (SSVF) Program. This                   existing VA policy regarding award of                 funds are limited, VA cannot use these
                                              rulemaking clarifies VA’s procedures for                non-renewed or deobligated funds to                   funds to assist veteran families that do
                                              continuing to fund SSVF Program                                                                               not otherwise meet the eligibility
                                                                                                      other existing SSVF grantees in or near
                                              services in communities that have lost                                                                        criteria under section 2044. Also, the
                                                                                                      the affected community where the funds
                                              grants due to the non-renewal or                                                                              loss of SSVF funds would adversely
                                                                                                      were originally used in order to
                                              termination of services of an existing                                                                        affect the veterans being served in the
                                                                                                      maintain continuity in the services
                                              award to a grantee. VA can now award                                                                          community whose deobligated funds
                                                                                                      offered to these communities. This
                                              the non-renewed or deobligated funds to                                                                       were lost due to the funds being
                                                                                                      rulemaking also reduces the number of
                                              other existing SSVF grantees in or near                                                                       transferred to a different community
                                                                                                      satisfaction surveys grantees are
                                              the affected community. This award of                                                                         that was affected by a natural disaster.
                                                                                                      required to provide to participants in
                                              non-renewed or deobligated funds                                                                              We are not making any edits based on
                                                                                                      order to reduce the burden on grantees
                                              prevents potential access issues                                                                              this comment.
                                                                                                      and participants.                                        Several commenters suggested that
                                              associated with grant termination. This                    We received several comments in                    VA reconsider the requirement that 60%
                                              rulemaking also reduces the number of                   support of the proposed rule. One                     of funding support rapid re-housing of
                                              satisfaction surveys grantees are                       commenter stated that the proposed rule               homeless veterans and 40% may be
                                              required to provide to participants in                  was ‘‘needed from multiple                            used for prevention of homelessness in
                                              order to reduce the burden on grantees                  perspectives, most importantly, in                    rural communities and instead allow an
                                              and participants.                                       maintaining all momentum toward                       even 50/50 split of funding because the
                                              DATES: This final rule is effective                     ending Veteran homelessness.’’ A                      needs for homeless veteran families in
                                              October 2, 2017.                                        commenter stated that ‘‘non-renewed                   rural communities differ from those in
                                              FOR FURTHER INFORMATION CONTACT: John                   and deobligated funds are critical to our             urban settings. The commenters further
                                              Kuhn, National Center for Homelessness                  community as we are seeing a strong                   stated that there is a housing shortage
                                              Among Veterans, Supportive Services                     inflow of newly homeless in our area.’’               and it is difficult to use all of the SSVF
                                              for Veteran Families Program Office,                    Another commenter stated that the                     funds, ‘‘particularly when Veterans who
                                              4100 Chester Avenue, Suite 200,                         proposed rule would eliminate the                     are in danger of literal homelessness
sradovich on DSK3GMQ082PROD with RULES




                                              Philadelphia, PA 19104, (877) 737–                      ‘‘hoops to jump through and the grant                 present to our program and we are
                                              0111. (This is a toll-free number)                      will still be awarded to those who                    unable to assist them due to the 60/40
                                              John.Kuhn2@va.gov.                                      qualify.’’ A commenter agreed that                    mandate. If that mandate was to be
                                              SUPPLEMENTARY INFORMATION: In a                         reducing the number of surveys would                  lifted, and we could focus a larger pool
                                              document published in the Federal                       yield a higher response rate. Lastly, a               of resources on prevention, fewer of our
                                              Register on July 27, 2016, VA proposed                  commenter stated that the proposed                    clients would cycle back through as
                                              to revise its regulations that addressed                changes ‘‘are reasonable and would                    RRH.’’ Under section 2044(a)(4), SSVF


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Document Created: 2017-09-01 01:50:54
Document Modified: 2017-09-01 01:50:54
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 September 3, 2017 to September 13, 2017.
ContactIf you have questions on this rule, call or email MST2 Amanda Boone, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, telephone (215) 271-4814, email [email protected]
FR Citation82 FR 41521 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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