83_FR_19274 83 FR 19189 - Safety Zone; Fireworks, Delaware River, Philadelphia, PA

83 FR 19189 - Safety Zone; Fireworks, Delaware River, Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 85 (May 2, 2018)

Page Range19189-19191
FR Document2018-09233

The Coast Guard proposes to establish a temporary safety zone for multiple fireworks events launched in the vicinity of Penn's Landing, Philadelphia, Pennsylvania, for waters of the Delaware River, Philadelphia, PA. Establishment of this safety zone is necessary 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 Delaware Bay or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 85 (Wednesday, May 2, 2018)
[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Proposed Rules]
[Pages 19189-19191]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09233]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0286]
RIN 1625-AA00


Safety Zone; Fireworks, Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for multiple fireworks events launched in the vicinity of Penn's 
Landing, Philadelphia, Pennsylvania, for waters of the Delaware River, 
Philadelphia, PA. Establishment of this safety zone is necessary 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 Delaware Bay or a 
designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 9, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0286 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Edmund Ofalt, 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
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 1, 2018, the Coast Guard was notified of fireworks events 
planned for May 24, 25, 26, and 27, 2018. Hazards from fireworks 
displays include accidental discharge, dangerous projectiles and 
falling hot embers or other debris. The COTP Delaware Bay has 
determined that a temporary safety zone is necessary to provide safety 
on the navigable waters of the Delaware River during these fireworks 
events, and to enhance safety of the public, spectators, and vessels.
    The purpose of this rulemaking is to ensure the safety of vessels 
and navigable waters immediately prior to, during, and immediately 
after these fireworks events. The Coast Guard is issuing this rule 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP Delaware Bay proposes to establish a safety zone on the 
Delaware River adjacent to Penns Landing in Philadelphia, PA, May 24, 
2018, through May 27, 2018. The safety zone will be enforced from 
approximately 8 p.m. to 11 p.m. on nights on which fireworks are being 
displayed from a barge in the Delaware River. These fireworks displays 
may be held on May 24th, 25th, 26th, and 27th, or on only some of these 
dates. Notification of enforcement dates and times will be published in 
the Coast Guard District 5 Local Notice to Mariners and broadcast via 
Broadcast Notice to Mariners. The safety zone will include all 
navigable 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 
connecting 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 southern edge of 
the Benjamin Franklin Bridge where it crosses the Delaware River.
    Access to this safety zone will be restricted during the specified

[[Page 19190]]

enforcement dates and time periods. Vessels may not take on bunkers or 
conduct lightering operations inside the zone during times of 
enforcement. Only vessels or persons specifically authorized by the 
COTP Delaware Bay or designated representative may enter or remain in 
the regulated area. Requests to enter or remain in the zone will be 
required to be submitted to the COTP Delaware Bay, or his designated 
representative via VHF-FM channel 16 or 217-271-4807. Vessels engaged 
in law enforcement, servicing of aids to navigation, and emergency 
response will be exempt from these requirements.
    The regulatory text we are proposing can be found at the end of 
this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration and time of day of the safety zone. The proposed 
safety zone will impact waters affected by this rule on May 24, 25, 26, 
and 27, 2018 from 8 p.m. to 11 p.m. During this time of day commercial 
and recreational traffic is normally low. Notifications of enforcement 
dates and times will be made to the maritime community via Broadcast 
Notice to Mariners and Local Notice to Mariners so that plans may be 
adjusted accordingly. Notifications will be updated as necessary, to 
keep the maritime community informed of the status of the safety 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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves a safety zone that will only 
be enforced for a short duration and excludes vessels from entry into 
or remaining within a specified area on the Delaware River. Normally 
such actions are categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A preliminary Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

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

[[Page 19191]]

coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places, or 
vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0286 to read as follows:


Sec.  165.T05-0286  Safety Zone; Safety Zone; Fireworks, Delaware 
River, Philadelphia PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of 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. These coordinates are based on the 1984 
World Geodedic System (WGS 84).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer on board a Coast Guard vessel 
or on board a federal, state, or local law enforcement vessel assisting 
the Captain of the Port, Delaware Bay in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, contact the 
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (3) No vessel may take on bunkers or conduct lightering operations 
within the safety zone during its enforcement period(s).
    (4) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement period. This zone will be enforced from 
approximately 8 p.m. to 11 p.m. on nights on which fireworks are being 
displayed from a barge beginning May 24 through May 27, 2018. Starting 
and ending times for the enforcement of the safety zone will be 
broadcast via Broadcast Notice to Mariners and published in the weekly 
Local Notice to Mariners.

    Dated: April 26, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-09233 Filed 5-1-18; 8:45 am]
BILLING CODE 9110-04-P



                                                                         Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules                                           19189

                                                 Bank’s General Fund and any Bank                        In light of these requests, and FHFA’s                271–4814, email Edmund.J.Ofalt@
                                                 Targeted Funds, in the calculation of                   additional request for comment on the                 uscg.mil.
                                                 whether the Bank achieved the                           correction to the proposed outcome                    SUPPLEMENTARY INFORMATION:
                                                 regulatory outcome requirement. That                    requirement calculation, FHFA is
                                                 is, the Bank’s awards under its General                 extending the comment period by an                    I. Table of Abbreviations
                                                 Fund and any Targeted Funds and                         additional 30 days. This will result in a             CFR Code of Federal Regulations
                                                 Homeownership Set-Aside Programs                        total comment period on the proposed                  COTP Captain of the Port
                                                 would be included in the numerator,                     rule of 90 days, expiring June 12, 2018.              DHS Department of Homeland Security
                                                 and the Bank’s required annual AHP                        Dated: April 26, 2018.                              FR Federal Register
                                                 contribution amount would be included                                                                         NPRM Notice of proposed rulemaking
                                                                                                         Melvin L. Watt,                                       § Section
                                                 in the denominator of the calculation.
                                                                                                         Director, Federal Housing Finance Agency.             U.S.C. United States Code
                                                    Accordingly, in the proposed rule FR
                                                 Doc. 2018–04745, on page 11386, in the                  [FR Doc. 2018–09326 Filed 5–1–18; 8:45 am]
                                                                                                                                                               II. Background, Purpose, and Legal
                                                 issue of March 14, 2018, in the left                    BILLING CODE 8070–01–P
                                                                                                                                                               Basis
                                                 column, in paragraph (d) of § 1291.48,
                                                 the correction should correctly read:                                                                            On March 1, 2018, the Coast Guard
                                                 ‘‘Each year, each Bank shall ensure that                                                                      was notified of fireworks events
                                                                                                         DEPARTMENT OF HOMELAND
                                                 at least 55 percent of the Bank’s                                                                             planned for May 24, 25, 26, and 27,
                                                                                                         SECURITY
                                                 required annual AHP contribution is                                                                           2018. Hazards from fireworks displays
                                                 awarded under the Bank’s General Fund                   Coast Guard                                           include accidental discharge, dangerous
                                                 and any Bank Targeted Funds and                                                                               projectiles and falling hot embers or
                                                 Homeownership Set-Aside Programs to                     33 CFR Part 165                                       other debris. The COTP Delaware Bay
                                                 projects or households, as applicable,                                                                        has determined that a temporary safety
                                                 that, in the aggregate, meet at least two
                                                                                                         [Docket Number USCG–2018–0286]                        zone is necessary to provide safety on
                                                 of the three regulatory priorities in this                                                                    the navigable waters of the Delaware
                                                                                                         RIN 1625–AA00
                                                 paragraph . . . .’’ (emphasis added) If                                                                       River during these fireworks events, and
                                                 the corrected language is adopted in a                  Safety Zone; Fireworks, Delaware                      to enhance safety of the public,
                                                 final rule, FHFA will also make any                     River, Philadelphia, PA                               spectators, and vessels.
                                                                                                                                                                  The purpose of this rulemaking is to
                                                 other conforming revisions to the rule
                                                                                                         AGENCY:   Coast Guard, DHS.                           ensure the safety of vessels and
                                                 text as necessitated by the correction.
                                                    FHFA specifically requests comments                  ACTION:   Notice of proposed rulemaking.              navigable waters immediately prior to,
                                                 on whether the calculation, as corrected,                                                                     during, and immediately after these
                                                 would provide the Banks sufficient                      SUMMARY:   The Coast Guard proposes to                fireworks events. The Coast Guard is
                                                 flexibility to provide AHP funds to the                 establish a temporary safety zone for                 issuing this rule under authority in 33
                                                 housing needs in their districts. FHFA                  multiple fireworks events launched in                 U.S.C. 1231.
                                                 further requests comments on whether                    the vicinity of Penn’s Landing,
                                                                                                                                                               III. Discussion of Proposed Rule
                                                 other changes to the outcome                            Philadelphia, Pennsylvania, for waters
                                                                                                         of the Delaware River, Philadelphia, PA.                 The COTP Delaware Bay proposes to
                                                 calculation would be appropriate, such                                                                        establish a safety zone on the Delaware
                                                 as decreasing the percentage of the                     Establishment of this safety zone is
                                                                                                         necessary to enhance safety of life on                River adjacent to Penns Landing in
                                                 Bank’s annual AHP contribution                                                                                Philadelphia, PA, May 24, 2018,
                                                 required to meet the regulatory                         navigable waters immediately prior to,
                                                                                                         during, and immediately after these                   through May 27, 2018. The safety zone
                                                 priorities to less than 55 percent,                                                                           will be enforced from approximately 8
                                                 provided that at least a majority of the                fireworks events. During the
                                                                                                         enforcement periods, no vessel may                    p.m. to 11 p.m. on nights on which
                                                 Bank’s annual AHP contribution is                                                                             fireworks are being displayed from a
                                                 awarded to certain regulatory priorities                enter in or transit this regulated area
                                                                                                         without approval from the Captain of                  barge in the Delaware River. These
                                                 established by FHFA.1 FHFA also                                                                               fireworks displays may be held on May
                                                 requests comments on whether adding a                   the Port Delaware Bay or a designated
                                                                                                         representative. We invite your                        24th, 25th, 26th, and 27th, or on only
                                                 regulatory priority that is specifically                                                                      some of these dates. Notification of
                                                 focused on homeownership would                          comments on this proposed rulemaking.
                                                                                                         DATES: Comments and related material                  enforcement dates and times will be
                                                 increase opportunities for the Banks to                                                                       published in the Coast Guard District 5
                                                 include awards made in their                            must be received by the Coast Guard on
                                                                                                         or before May 9, 2018.                                Local Notice to Mariners and broadcast
                                                 Homeownership Set-Aside Programs                                                                              via Broadcast Notice to Mariners. The
                                                 towards meeting the regulatory                          ADDRESSES: You may submit comments
                                                                                                                                                               safety zone will include all navigable
                                                 priorities.                                             identified by docket number USCG–
                                                                                                                                                               waters of Delaware River, adjacent to
                                                                                                         2018–0286 using the Federal
                                                 Extension of Comment Period                                                                                   Penns Landing, Philadelphia, PA,
                                                                                                         eRulemaking Portal at http://
                                                   The comment period for the proposed                                                                         bounded from shoreline to shoreline,
                                                                                                         www.regulations.gov. See the ‘‘Public
                                                 rule was originally set to expire on May                                                                      bounded on the south by a line running
                                                                                                         Participation and Request for
                                                 14, 2018. FHFA has received a number                                                                          east to west from points along the
                                                                                                         Comments’’ portion of the
                                                 of requests from commenters for an                                                                            shoreline connecting at latitude
                                                                                                         SUPPLEMENTARY INFORMATION section for
                                                 extension of the comment period of                                                                            39°56′31.2″ N, longitude 075°08′28.1″
                                                                                                         further instructions on submitting
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                                                 varying lengths, with commenters citing                                                                       W; thence westward to latitude
                                                                                                         comments.
                                                 the complexity and length of the                                                                              39°56′29″.1 N, longitude 075°07′56.5″
                                                 proposed rule, the important issues                     FOR FURTHER INFORMATION CONTACT:     If               W, and bounded on the north by the
                                                 addressed, and the high level of interest.              you have questions about this proposed                southern edge of the Benjamin Franklin
                                                                                                         rulemaking, call or email Petty Officer               Bridge where it crosses the Delaware
                                                   1 The Federal Home Loan Bank Act requires             Edmund Ofalt, U.S. Coast Guard, Sector                River.
                                                 FHFA to establish priorities for the use of the AHP     Delaware Bay, Waterways Management                       Access to this safety zone will be
                                                 funds. 12 U.S.C. 1430(j)(9)(B).                         Division, Coast Guard; telephone (215)                restricted during the specified


                                            VerDate Sep<11>2014   16:31 May 01, 2018   Jkt 244001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\02MYP1.SGM   02MYP1


                                                 19190                   Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules

                                                 enforcement dates and time periods.                     the potential impact of regulations on                Order 13175, Consultation and
                                                 Vessels may not take on bunkers or                      small entities during rulemaking. The                 Coordination with Indian Tribal
                                                 conduct lightering operations inside the                term ‘‘small entities’’ comprises small               Governments, because it would not have
                                                 zone during times of enforcement. Only                  businesses, not-for-profit organizations              a substantial direct effect on one or
                                                 vessels or persons specifically                         that are independently owned and                      more Indian tribes, on the relationship
                                                 authorized by the COTP Delaware Bay                     operated and are not dominant in their                between the Federal Government and
                                                 or designated representative may enter                  fields, and governmental jurisdictions                Indian tribes, or on the distribution of
                                                 or remain in the regulated area.                        with populations of less than 50,000.                 power and responsibilities between the
                                                 Requests to enter or remain in the zone                 The Coast Guard certifies under 5 U.S.C.              Federal Government and Indian tribes.
                                                 will be required to be submitted to the                 605(b) that this proposed rule would not              If you believe this proposed rule has
                                                 COTP Delaware Bay, or his designated                    have a significant economic impact on                 implications for federalism or Indian
                                                 representative via VHF–FM channel 16                    a substantial number of small entities.               tribes, please contact the person listed
                                                 or 217–271–4807. Vessels engaged in                        While some owners or operators of                  in the FOR FURTHER INFORMATION
                                                 law enforcement, servicing of aids to                   vessels intending to transit the safety               CONTACT section.
                                                 navigation, and emergency response                      zone may be small entities, for the
                                                                                                                                                               E. Unfunded Mandates Reform Act
                                                 will be exempt from these requirements.                 reasons stated in section IV.A above,
                                                   The regulatory text we are proposing                  this proposed rule would not have a                      The Unfunded Mandates Reform Act
                                                 can be found at the end of this                         significant economic impact on any                    of 1995 (2 U.S.C. 1531–1538) requires
                                                 document.                                               vessel owner or operator.                             Federal agencies to assess the effects of
                                                                                                            If you think that your business,                   their discretionary regulatory actions. In
                                                 IV. Regulatory Analyses                                 organization, or governmental                         particular, the Act addresses actions
                                                   We developed this proposed rule after                 jurisdiction qualifies as a small entity              that may result in the expenditure by a
                                                 considering numerous statutes and                       and that this rule would have a                       State, local, or tribal government, in the
                                                 Executive orders related to rulemaking.                 significant economic impact on it,                    aggregate, or by the private sector of
                                                 Below we summarize our analyses                         please submit a comment (see                          $100,000,000 (adjusted for inflation) or
                                                 based on a number of these statutes and                 ADDRESSES) explaining why you think it                more in any one year. Though this
                                                 Executive orders and we discuss First                   qualifies and how and to what degree                  proposed rule would not result in such
                                                 Amendment rights of protestors.                         this rule would economically affect it.               an expenditure, we do discuss the
                                                                                                            Under section 213(a) of the Small                  effects of this rule elsewhere in this
                                                 A. Regulatory Planning and Review                                                                             preamble.
                                                                                                         Business Regulatory Enforcement
                                                    Executive Orders 12866 and 13563                     Fairness Act of 1996 (Pub. L. 104–121),
                                                 direct agencies to assess the costs and                                                                       F. Environment
                                                                                                         we want to assist small entities in
                                                 benefits of available regulatory                        understanding this proposed rule. If the                We have analyzed this proposed rule
                                                 alternatives and, if regulation is                      rule would affect your small business,                under Department of Homeland
                                                 necessary, to select regulatory                         organization, or governmental                         Security Directive 023–01 and
                                                 approaches that maximize net benefits.                  jurisdiction and you have questions                   Commandant Instruction M16475.1D,
                                                 Executive Order 13771 directs agencies                  concerning its provisions or options for              which guide the Coast Guard in
                                                 to control regulatory costs through a                   compliance, please contact the person                 complying with the National
                                                 budgeting process. This NPRM has not                    listed in the FOR FURTHER INFORMATION                 Environmental Policy Act of 1969 (42
                                                 been designated a ‘‘significant                         CONTACT section. The Coast Guard will                 U.S.C. 4321–4370f), and have made a
                                                 regulatory action,’’ under Executive                    not retaliate against small entities that             preliminary determination that this
                                                 Order 12866. Accordingly, the NPRM                      question or complain about this                       action is one of a category of actions that
                                                 has not been reviewed by the Office of                  proposed rule or any policy or action of              do not individually or cumulatively
                                                 Management and Budget (OMB), and                        the Coast Guard.                                      have a significant effect on the human
                                                 pursuant to OMB guidance it is exempt                                                                         environment. This proposed rule
                                                 from the requirements of Executive                      C. Collection of Information                          involves a safety zone that will only be
                                                 Order 13771.                                              This proposed rule would not call for               enforced for a short duration and
                                                    This regulatory action determination                 a new collection of information under                 excludes vessels from entry into or
                                                 is based on the size, location, duration                the Paperwork Reduction Act of 1995                   remaining within a specified area on the
                                                 and time of day of the safety zone. The                 (44 U.S.C. 3501–3520).                                Delaware River. Normally such actions
                                                 proposed safety zone will impact waters                                                                       are categorically excluded from further
                                                 affected by this rule on May 24, 25, 26,                D. Federalism and Indian Tribal                       review under paragraph L60(a) of
                                                 and 27, 2018 from 8 p.m. to 11 p.m.                     Governments                                           Appendix A, Table 1 of DHS Instruction
                                                 During this time of day commercial and                     A rule has implications for federalism             Manual 023–01–001–01, Rev. 01. A
                                                 recreational traffic is normally low.                   under Executive Order 13132,                          preliminary Record of Environmental
                                                 Notifications of enforcement dates and                  Federalism, if it has a substantial direct            Consideration supporting this
                                                 times will be made to the maritime                      effect on the States, on the relationship             determination is available in the docket
                                                 community via Broadcast Notice to                       between the national government and                   where indicated under ADDRESSES. We
                                                 Mariners and Local Notice to Mariners                   the States, or on the distribution of                 seek any comments or information that
                                                 so that plans may be adjusted                           power and responsibilities among the                  may lead to the discovery of a
                                                 accordingly. Notifications will be                      various levels of government. We have                 significant environmental impact from
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                                                 updated as necessary, to keep the                       analyzed this proposed rule under that                this proposed rule.
                                                 maritime community informed of the                      Order and have determined that it is
                                                                                                         consistent with the fundamental                       G. Protest Activities
                                                 status of the safety zone.
                                                                                                         federalism principles and preemption                    The Coast Guard respects the First
                                                 B. Impact on Small Entities                             requirements described in Executive                   Amendment rights of protesters.
                                                   The Regulatory Flexibility Act of                     Order 13132.                                          Protesters are asked to contact the
                                                 1980, 5 U.S.C. 601–612, as amended,                        Also, this proposed rule does not have             person listed in the FOR FURTHER
                                                 requires Federal agencies to consider                   tribal implications under Executive                   INFORMATION CONTACT section to



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                                                                         Federal Register / Vol. 83, No. 85 / Wednesday, May 2, 2018 / Proposed Rules                                                  19191

                                                 coordinate protest activities so that your              § 165.T05–0286 Safety Zone; Safety Zone;                Dated: April 26, 2018.
                                                 message can be received without                         Fireworks, Delaware River, Philadelphia PA.           Scott E. Anderson,
                                                 jeopardizing the safety or security of                     (a) Location. The following area is a              Captain, U.S. Coast Guard, Captain of the
                                                 people, places, or vessels.                             safety zone: All navigable waters of                  Port Delaware Bay.
                                                                                                         Delaware River, adjacent to Penn’s                    [FR Doc. 2018–09233 Filed 5–1–18; 8:45 am]
                                                 V. Public Participation and Request for
                                                 Comments                                                Landing, Philadelphia, PA, bounded                    BILLING CODE 9110–04–P

                                                                                                         from shoreline to shoreline, bounded on
                                                    We view public participation as                      the south by a line running east to west
                                                 essential to effective rulemaking, and                  from points along the shoreline                       ENVIRONMENTAL PROTECTION
                                                 will consider all comments and material                 commencing at latitude 39°56′31.2″ N,                 AGENCY
                                                 received during the comment period.                     longitude 075°08′28.1″ W; thence
                                                 Your comment can help shape the                         westward to latitude 39°56′29.1″ N,                   40 CFR Part 52
                                                 outcome of this rulemaking. If you                      longitude 075°07′56.5″ W, and bounded                 [EPA–R10–OAR–2017–0745; FRL–9977–
                                                 submit a comment, please include the                    on the north by the Benjamin Franklin                 43—Region 10]
                                                 docket number for this rulemaking,                      Bridge where it crosses the Delaware
                                                 indicate the specific section of this                   River. These coordinates are based on                 Air Plan Approval; Alaska; Interstate
                                                 document to which each comment                          the 1984 World Geodedic System (WGS                   Transport Requirements for the 2012
                                                 applies, and provide a reason for each                                                                        PM2.5 NAAQS
                                                                                                         84).
                                                 suggestion or recommendation.
                                                                                                            (b) Definitions. As used in this                   AGENCY:  Environmental Protection
                                                    We encourage you to submit
                                                                                                         section, designated representative                    Agency (EPA).
                                                 comments through the Federal
                                                 eRulemaking Portal at http://                           means a Coast Guard Patrol                            ACTION: Proposed rule.
                                                 www.regulations.gov. If your material                   Commander, including a Coast Guard
                                                                                                         petty officer, warrant or commissioned                SUMMARY:   The Clean Air Act (CAA)
                                                 cannot be submitted using http://                                                                             requires each State Implementation Plan
                                                 www.regulations.gov, contact the person                 officer on board a Coast Guard vessel or
                                                                                                         on board a federal, state, or local law               (SIP) to contain adequate provisions
                                                 in the FOR FURTHER INFORMATION                                                                                prohibiting emissions that will have
                                                 CONTACT section of this document for                    enforcement vessel assisting the Captain
                                                                                                         of the Port, Delaware Bay in the                      certain adverse air quality effects in
                                                 alternate instructions.                                                                                       other states. On March 10, 2016, the
                                                                                                         enforcement of the safety zone.
                                                    We accept anonymous comments. All                                                                          State of Alaska made a submission to
                                                 comments received will be posted                           (c) Regulations. (1) Under the general             the Environmental Protection Agency
                                                 without change to http://                               safety zone regulations in subpart C of               (EPA) to address these requirements.
                                                 www.regulations.gov and will include                    this part, you may not enter the safety               The EPA is proposing to approve the
                                                 any personal information you have                       zone described in paragraph (a) of this               submission as meeting the requirement
                                                 provided. For more about privacy and                    section unless authorized by the COTP                 that each SIP contain adequate
                                                 the docket, visit http://www.                           or the COTP’s designated representative.              provisions to prohibit emissions that
                                                 regulations.gov/privacyNotice.                             (2) To seek permission to enter or                 will contribute significantly to
                                                    Documents mentioned in this NPRM                     remain in the zone, contact the COTP or               nonattainment or interfere with
                                                 as being available in the docket, and all               the COTP’s representative via VHF–FM                  maintenance of the 2012 annual fine
                                                 public comments, will be in our online                  channel 16 or 215–271–4807. Those in                  particulate matter (PM2.5) National
                                                 docket at http://www.regulations.gov                    the safety zone must comply with all                  Ambient Air Quality Standard
                                                 and can be viewed by following that                     lawful orders or directions given to                  (NAAQS).
                                                 website’s instructions. Additionally, if                them by the COTP or the COTP’s                        DATES:  Comments must be received on
                                                 you go to the online docket and sign up                 designated representative.                            or before June 1, 2018.
                                                 for email alerts, you will be notified                     (3) No vessel may take on bunkers or               ADDRESSES: Submit your comments,
                                                 when comments are posted or a final                     conduct lightering operations within the              identified by Docket ID No. EPA–R10–
                                                 rule is published.                                      safety zone during its enforcement                    OAR–2017–0745 at https://
                                                 List of Subjects in 33 CFR Part 165                     period(s).                                            www.regulations.gov. Follow the online
                                                                                                            (4) This section applies to all vessels            instructions for submitting comments.
                                                   Harbors, Marine safety, Navigation                                                                          Once submitted, comments cannot be
                                                 (water), Reporting and recordkeeping                    except those engaged in law
                                                                                                         enforcement, aids to navigation                       edited or removed from Regulations.gov.
                                                 requirements, Security measures,                                                                              The EPA may publish any comment
                                                 Waterways.                                              servicing, and emergency response
                                                                                                         operations.                                           received to its public docket. Do not
                                                   For the reasons discussed in the                                                                            submit electronically any information
                                                 preamble, the Coast Guard proposes to                      (d) Enforcement. The U.S. Coast                    you consider to be Confidential
                                                 amend 33 CFR part 165 as follows:                       Guard may be assisted in the patrol and               Business Information (CBI) or other
                                                                                                         enforcement of the safety zone by                     information the disclosure of which is
                                                 PART 165—REGULATED NAVIGATION                           Federal, State, and local agencies.                   restricted by statute. Multimedia
                                                 AREAS AND LIMITED ACCESS AREAS                             (e) Enforcement period. This zone                  submissions (audio, video, etc.) must be
                                                                                                         will be enforced from approximately 8                 accompanied by a written comment.
                                                   1. The authority citation for part 165
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 ■                                                       p.m. to 11 p.m. on nights on which                    The written comment is considered the
                                                 continues to read as follows:                           fireworks are being displayed from a                  official comment and should include
                                                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             barge beginning May 24 through May                    discussion of all points you wish to
                                                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               27, 2018. Starting and ending times for               make. The EPA will generally not
                                                 Department of Homeland Security Delegation              the enforcement of the safety zone will               consider comments or comment
                                                 No. 0170.1.                                             be broadcast via Broadcast Notice to                  contents located outside of the primary
                                                 ■ 2. Add § 165.T05–0286 to read as                      Mariners and published in the weekly                  submission (i.e., on the web, cloud, or
                                                 follows:                                                Local Notice to Mariners.                             other file sharing system). For


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Document Created: 2018-05-02 00:49:49
Document Modified: 2018-05-02 00:49:49
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 9, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Petty Officer Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast Guard; telephone (215) 271-4814, email [email protected]
FR Citation83 FR 19189 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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