83_FR_22990 83 FR 22894 - Safety Zone for Marine Events, Delaware River; Philadelphia, PA

83 FR 22894 - Safety Zone for Marine Events, Delaware River; Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 96 (May 17, 2018)

Page Range22894-22896
FR Document2018-10486

The Coast Guard is proposing to establish a temporary safety zone on the waters of the Delaware River in Philadelphia, Pennsylvania. The regulation will restrict vessel traffic on a portion of the Delaware River from operating during a fireworks display on June 30, 2018 from 9:30 p.m. to 11:30 p.m. This regulation is necessary to protect the surrounding public and vessels from the hazards associated with a fireworks display. 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 83 Issue 96 (Thursday, May 17, 2018)
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Proposed Rules]
[Pages 22894-22896]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10486]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0367]
RIN 1625-AA00


Safety Zone for Marine Events, Delaware River; Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone on the waters of the Delaware River in Philadelphia, Pennsylvania. 
The regulation will restrict vessel traffic on a portion of the 
Delaware River from operating during a fireworks display on June 30, 
2018 from 9:30 p.m. to 11:30 p.m. This regulation is necessary to 
protect the surrounding public and vessels from the hazards associated 
with a fireworks display. 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: Comments and related material must be received by the Coast 
Guard on or before June 18, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0367 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 on this rule, 
call or email MST1 Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, 
Waterways Management Division, telephone (215) 271-4889.

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 1 March 2018, the Delaware River Waterfront Corporation notified 
the Coast Guard that it will be conducting a fireworks display from 
9:30 to 11:30 p.m. on June 30, 2018. The fireworks will be launched 
from a barge in the Delaware River off Penn's Landing in Philadelphia. 
Hazards from fireworks displays include accidental discharge of 
fireworks, dangerous projectiles, and falling hot embers or other 
debris. The Captain of the Port Delaware Bay (COTP) has determined that 
potential hazards associated with the fireworks to be used in this 
display would be a safety concern.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters before, during, and after the scheduled event. 
The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 
1231.

III. Discussion of Proposed Rule

    The COTP Delaware Bay proposes to establish a safety zone on a 
portion of the Delaware River, Philadelphia, PA to ensure the safety of 
persons, vessels and the public during the event. The proposed safety 
zone includes navigable 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. The safety zone 
would be effective and enforced from 9:30 p.m. to 11:30 p.m. on June 
30, 2018. No vessel or person would be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. The regulatory text we are proposing appears 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, and duration of the safety zone. Vessel traffic will be 
unable to transit the safety zone for the duration of the fireworks 
event however; this safety zone will impact a small designated area of 
the Delaware River, in Philadelphia, PA, for a two hour period during 
the fireworks event. Moreover, the Coast Guard will issue Broadcast 
Notice to Mariners via VHF-FM marine channel 16 regarding the safety 
zone; under the regulation vessel operators may request permission to 
enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
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 rule will 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

[[Page 22895]]

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 lasting for two 
hours that would prohibit entry on portions of the Delaware River to 
promote public and maritime safety during a fireworks display. 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. We seek any comments or information that may lead 
to the

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.

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.T05-0367 to read as follows:


Sec.  165.T05-0367   Safety Zone; Delaware River; Philadelphia, PA.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Delaware River, adjacent to Penns Landing, Philadelphia, 
PA, bounded from shoreline to shoreline, bounded on the south by a line 
running east to west from points along the shoreline commencing at 
latitude 39[deg]56'31.2'' N, longitude 075[deg]08'28.1'' W; thence 
westward to latitude 39[deg]56'29.1'' N, longitude 075[deg]07'56.5'' W, 
and bounded on the north by the Benjamin Franklin Bridge where it 
crosses the Delaware River.
    (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 request permission to enter the safety zone, contact the 
COTP or the COTP's representative on marine band radio VHF-FM channel 
16 (156.8 MHz) or 215-271-4807. All persons and

[[Page 22896]]

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 from 9:30 
p.m. to 11:30 p.m. on June 30, 2018.

    Dated: May 11, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware.
[FR Doc. 2018-10486 Filed 5-16-18; 8:45 am]
 BILLING CODE 9110-04-P



                                               22894                    Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Proposed Rules

                                               DUUZE, KS WP                                            COTP Captain of the Port                              A. Regulatory Planning and Review
                                                 (Lat. 38°51′00.00′ N, long. 101°42′00.00″             DHS Department of Homeland Security
                                                   W)                                                  FR Federal Register                                      Executive Orders 12866 and 13563
                                               EXHAS, KS WP                                            NPRM Notice of Proposed Rulemaking                    direct agencies to assess the costs and
                                                 (Lat. 38°20′04.70′ N, long. 101°09′35.23″             § Section                                             benefits of available regulatory
                                                   W)                                                  U.S.C. United States Code                             alternatives and, if regulation is
                                                 Issued in Washington, DC, on May 10,                                                                        necessary, to select regulatory
                                               2018.                                                   II. Background, Purpose, and Legal                    approaches that maximize net benefits.
                                               Scott M. Rosenbloom,                                    Basis                                                 Executive Order 13771 directs agencies
                                               Acting Manager, Airspace Policy Group.                     On 1 March 2018, the Delaware River                to control regulatory costs through a
                                               [FR Doc. 2018–10446 Filed 5–16–18; 8:45 am]             Waterfront Corporation notified the                   budgeting process. This NPRM has not
                                                                                                       Coast Guard that it will be conducting                been designated a ‘‘significant
                                               BILLING CODE 4910–13–P
                                                                                                       a fireworks display from 9:30 to 11:30                regulatory action,’’ under Executive
                                                                                                       p.m. on June 30, 2018. The fireworks                  Order 12866. Accordingly, the NPRM
                                                                                                       will be launched from a barge in the                  has not been reviewed by the Office of
                                               DEPARTMENT OF HOMELAND
                                                                                                       Delaware River off Penn’s Landing in                  Management and Budget (OMB), and
                                               SECURITY
                                                                                                       Philadelphia. Hazards from fireworks                  pursuant to OMB guidance it is exempt
                                               Coast Guard                                             displays include accidental discharge of              from the requirements of Executive
                                                                                                       fireworks, dangerous projectiles, and                 Order 13771.
                                               33 CFR Part 165                                         falling hot embers or other debris. The                  This regulatory action determination
                                                                                                       Captain of the Port Delaware Bay                      is based on the size, location, and
                                               [Docket Number USCG–2018–0367]                                                                                duration of the safety zone. Vessel
                                                                                                       (COTP) has determined that potential
                                               RIN 1625–AA00                                           hazards associated with the fireworks to              traffic will be unable to transit the safety
                                                                                                       be used in this display would be a safety             zone for the duration of the fireworks
                                               Safety Zone for Marine Events,                          concern.                                              event however; this safety zone will
                                               Delaware River; Philadelphia, PA                           The purpose of this rulemaking is to               impact a small designated area of the
                                                                                                       ensure the safety of vessels and the                  Delaware River, in Philadelphia, PA, for
                                               AGENCY:   Coast Guard, DHS.
                                                                                                       navigable waters before, during, and                  a two hour period during the fireworks
                                               ACTION:   Notice of proposed rulemaking.                                                                      event. Moreover, the Coast Guard will
                                                                                                       after the scheduled event. The Coast
                                               SUMMARY:   The Coast Guard is proposing                 Guard proposes this rulemaking under                  issue Broadcast Notice to Mariners via
                                               to establish a temporary safety zone on                 authority in 33 U.S.C. 1231.                          VHF–FM marine channel 16 regarding
                                               the waters of the Delaware River in                                                                           the safety zone; under the regulation
                                                                                                       III. Discussion of Proposed Rule                      vessel operators may request permission
                                               Philadelphia, Pennsylvania. The
                                               regulation will restrict vessel traffic on                 The COTP Delaware Bay proposes to                  to enter the zone.
                                               a portion of the Delaware River from                    establish a safety zone on a portion of
                                                                                                                                                             B. Impact on Small Entities
                                               operating during a fireworks display on                 the Delaware River, Philadelphia, PA to
                                               June 30, 2018 from 9:30 p.m. to 11:30                   ensure the safety of persons, vessels and                The Regulatory Flexibility Act of
                                               p.m. This regulation is necessary to                    the public during the event. The                      1980, 5 U.S.C. 601–612, as amended,
                                               protect the surrounding public and                      proposed safety zone includes navigable               requires Federal agencies to consider
                                               vessels from the hazards associated with                all waters of the Delaware River,                     the potential impact of regulations on
                                               a fireworks display. During the                         adjacent to Penn’s Landing,                           small entities during rulemaking. The
                                               enforcement periods, no vessel may                      Philadelphia, PA, bounded from                        term ‘‘small entities’’ comprises small
                                               enter in or transit this regulated area                 shoreline to shoreline, bounded on the                businesses, not-for-profit organizations
                                               without approval from the Captain of                    south by a line running east to west                  that are independently owned and
                                               the Port or a designated representative.                from points along the shoreline                       operated and are not dominant in their
                                                                                                       commencing at latitude 39°56′31.2″ N,                 fields, and governmental jurisdictions
                                               DATES: Comments and related material
                                                                                                       longitude 075°08′28.1″ W; thence                      with populations of less than 50,000.
                                               must be received by the Coast Guard on
                                                                                                       westward to latitude 39°56′29.1″ N,                   The Coast Guard certifies under 5 U.S.C.
                                               or before June 18, 2018.
                                                                                                       longitude 075°07′56.5′ W, and bounded                 605(b) that this proposed rule would not
                                               ADDRESSES: You may submit comments                                                                            have a significant economic impact on
                                                                                                       on the north by the Benjamin Franklin
                                               identified by docket number USCG–                                                                             a substantial number of small entities.
                                                                                                       Bridge where it crosses the Delaware
                                               2018–0367 using the Federal                                                                                      While some owners or operators of
                                                                                                       River. The safety zone would be
                                               eRulemaking Portal at http://                                                                                 vessels intending to transit the safety
                                                                                                       effective and enforced from 9:30 p.m. to
                                               www.regulations.gov. See the ‘‘Public                                                                         zone may be small entities, for the
                                                                                                       11:30 p.m. on June 30, 2018. No vessel
                                               Participation and Request for                                                                                 reasons stated in section IV.A above,
                                                                                                       or person would be permitted to enter
                                               Comments’’ portion of the                                                                                     this rule will not have a significant
                                                                                                       the safety zone without obtaining
                                               SUPPLEMENTARY INFORMATION section for                                                                         economic impact on any vessel owner
                                                                                                       permission from the COTP or a
                                               further instructions on submitting                                                                            or operator.
                                                                                                       designated representative. The
                                               comments.                                                                                                        If you think that your business,
                                                                                                       regulatory text we are proposing appears
                                               FOR FURTHER INFORMATION CONTACT: If                     at the end of this document.                          organization, or governmental
                                               you have questions on this rule, call or                                                                      jurisdiction qualifies as a small entity
                                                                                                       IV. Regulatory Analyses
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                                               email MST1 Edmund Ofalt, U.S. Coast                                                                           and that this rule would have a
                                               Guard, Sector Delaware Bay, Waterways                     We developed this proposed rule after               significant economic impact on it,
                                               Management Division, telephone (215)                    considering numerous statutes and                     please submit a comment (see
                                               271–4889.                                               Executive orders related to rulemaking.               ADDRESSES) explaining why you think it
                                               SUPPLEMENTARY INFORMATION:                              Below we summarize our analyses                       qualifies and how and to what degree
                                                                                                       based on a number of these statutes and               this rule would economically affect it.
                                               I. Table of Abbreviations                               Executive orders and we discuss First                    Under section 213(a) of the Small
                                               CFR    Code of Federal Regulations                      Amendment rights of protestors.                       Business Regulatory Enforcement


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                                                                        Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Proposed Rules                                            22895

                                               Fairness Act of 1996 (Pub. L. 104–121),                 F. Environment                                          Documents mentioned in this NPRM
                                               we want to assist small entities in                        We have analyzed this proposed rule                as being available in the docket, and all
                                               understanding this proposed rule. If the                under Department of Homeland                          public comments, will be in our online
                                               rule would affect your small business,                  Security Directive 023–01 and                         docket at http://www.regulations.gov
                                               organization, or governmental                           Commandant Instruction M16475.1D,                     and can be viewed by following that
                                               jurisdiction and you have questions                     which guide the Coast Guard in                        website’s instructions. Additionally, if
                                               concerning its provisions or options for                                                                      you go to the online docket and sign up
                                                                                                       complying with the National
                                               compliance, please contact the person                                                                         for email alerts, you will be notified
                                                                                                       Environmental Policy Act of 1969 (42
                                               listed in the FOR FURTHER INFORMATION                                                                         when comments are posted or a final
                                                                                                       U.S.C. 4321–4370f), and have made a
                                               CONTACT section. The Coast Guard will                                                                         rule is published.
                                                                                                       preliminary determination that this
                                               not retaliate against small entities that
                                                                                                       action is one of a category of actions that           List of Subjects in 33 CFR Part 165
                                               question or complain about this
                                                                                                       do not individually or cumulatively                     Harbors, Marine safety, Navigation
                                               proposed rule or any policy or action of
                                                                                                       have a significant effect on the human                (water), Reporting and recordkeeping
                                               the Coast Guard.
                                                                                                       environment. This proposed rule                       requirements, Security measures,
                                               C. Collection of Information                            involves a safety zone lasting for two                Waterways.
                                                 This proposed rule would not call for                 hours that would prohibit entry on
                                                                                                                                                               For the reasons discussed in the
                                               a new collection of information under                   portions of the Delaware River to
                                                                                                                                                             preamble, the Coast Guard proposes to
                                               the Paperwork Reduction Act of 1995                     promote public and maritime safety
                                                                                                                                                             amend 33 CFR part 165 as follows:
                                               (44 U.S.C. 3501–3520).                                  during a fireworks display. Normally
                                                                                                       such actions are categorically excluded               PART 165—REGULATED NAVIGATION
                                               D. Federalism and Indian Tribal                         from further review under paragraph
                                               Governments                                                                                                   AREAS AND LIMITED ACCESS AREAS
                                                                                                       L60(a) of Appendix A, Table 1 of DHS
                                                  A rule has implications for federalism               Instruction Manual 023–01–001–01,                     ■ 1. The authority citation for part 165
                                               under Executive Order 13132,                            Rev. 01. We seek any comments or                      continues to read as follows:
                                               Federalism, if it has a substantial direct              information that may lead to the                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                               effect on the States, on the relationship               G. Protest Activities                                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                               between the national government and                                                                           Department of Homeland Security Delegation
                                               the States, or on the distribution of                     The Coast Guard respects the First                  No. 0170.1.
                                               power and responsibilities among the                    Amendment rights of protesters.
                                                                                                                                                             ■ 2. Add § 165.T05–0367 to read as
                                               various levels of government. We have                   Protesters are asked to contact the
                                                                                                                                                             follows:
                                               analyzed this proposed rule under that                  person listed in the FOR FURTHER
                                               Order and have determined that it is                    INFORMATION CONTACT section to                        § 165.T05–0367 Safety Zone; Delaware
                                               consistent with the fundamental                         coordinate protest activities so that your            River; Philadelphia, PA.
                                               federalism principles and preemption                    message can be received without                         (a) Location. The following area is a
                                               requirements described in Executive                     jeopardizing the safety or security of                safety zone: All navigable waters of the
                                               Order 13132.                                            people, places, or vessels.                           Delaware River, adjacent to Penns
                                                  Also, this proposed rule does not have               V. Public Participation and Request for               Landing, Philadelphia, PA, bounded
                                               tribal implications under Executive                     Comments                                              from shoreline to shoreline, bounded on
                                               Order 13175, Consultation and                                                                                 the south by a line running east to west
                                               Coordination with Indian Tribal                            We view public participation as                    from points along the shoreline
                                               Governments, because it would not have                  essential to effective rulemaking, and                commencing at latitude 39°56′31.2″ N,
                                               a substantial direct effect on one or                   will consider all comments and material               longitude 075°08′28.1″ W; thence
                                               more Indian tribes, on the relationship                 received during the comment period.                   westward to latitude 39°56′29.1″ N,
                                               between the Federal Government and                      Your comment can help shape the                       longitude 075°07′56.5″ W, and bounded
                                               Indian tribes, or on the distribution of                outcome of this rulemaking. If you                    on the north by the Benjamin Franklin
                                               power and responsibilities between the                  submit a comment, please include the                  Bridge where it crosses the Delaware
                                               Federal Government and Indian tribes.                   docket number for this rulemaking,                    River.
                                               If you believe this proposed rule has                   indicate the specific section of this                    (b) Definitions. As used in this
                                               implications for federalism or Indian                   document to which each comment                        section, designated representative
                                               tribes, please contact the person listed                applies, and provide a reason for each                means a Coast Guard Patrol
                                               in the FOR FURTHER INFORMATION                          suggestion or recommendation.                         Commander, including a Coast Guard
                                               CONTACT section.                                           We encourage you to submit                         petty officer, warrant or commissioned
                                                                                                       comments through the Federal                          officer on board a Coast Guard vessel or
                                               E. Unfunded Mandates Reform Act                         eRulemaking Portal at http://                         on board a federal, state, or local law
                                                  The Unfunded Mandates Reform Act                     www.regulations.gov. If your material                 enforcement vessel assisting the Captain
                                               of 1995 (2 U.S.C. 1531–1538) requires                   cannot be submitted using http://                     of the Port, Delaware Bay in the
                                               Federal agencies to assess the effects of               www.regulations.gov, contact the person               enforcement of the safety zone.
                                               their discretionary regulatory actions. In              in the FOR FURTHER INFORMATION                           (c) Regulations. (1) Under the general
                                               particular, the Act addresses actions                   CONTACT section of this document for                  safety zone regulations in subpart C of
                                               that may result in the expenditure by a                 alternate instructions.                               this part, you may not enter the safety
amozie on DSK3GDR082PROD with PROPOSALS




                                               State, local, or tribal government, in the                 We accept anonymous comments. All                  zone described in paragraph (a) of this
                                               aggregate, or by the private sector of                  comments received will be posted                      section unless authorized by the COTP
                                               $100,000,000 (adjusted for inflation) or                without change to http://                             or the COTP’s designated representative.
                                               more in any one year. Though this                       www.regulations.gov and will include                     (2) To request permission to enter the
                                               proposed rule would not result in such                  any personal information you have                     safety zone, contact the COTP or the
                                               an expenditure, we do discuss the                       provided. For more about privacy and                  COTP’s representative on marine band
                                               effects of this rule elsewhere in this                  the docket, visit http://                             radio VHF–FM channel 16 (156.8 MHz)
                                               preamble.                                               www.regulations.gov/privacyNotice.                    or 215–271–4807. All persons and


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                                               22896                    Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Proposed Rules

                                               vessels in the safety zone must comply                  mandatory deposit regime. The Office                  categories of works, provided that
                                               with all lawful orders or directions                    invites public comment on these                       certain conditions have been met. See
                                               given to them by the COTP or the                        proposed changes.                                     generally 37 CFR 202.3(b)(5),(6), (9),
                                               COTP’s designated representative.                       DATES: Comments must be made in                       202.4(e), (g)–(i), (k).
                                                 (d) Enforcement period. This section                  writing and must be received in the U.S.              II. The Existing Group Registration
                                               will be enforced from 9:30 p.m. to 11:30                Copyright Office no later than June 18,               Option for Serials
                                               p.m. on June 30, 2018.                                  2018.
                                                                                                       ADDRESSES: For reasons of government
                                                                                                                                                                In 1991, the Office began offering a
                                                 Dated: May 11, 2018.
                                                                                                       efficiency, the Copyright Office is using             group registration option for serials.1 55
                                               Scott E. Anderson,                                                                                            FR 50556 (Dec. 7, 1990). A ‘‘serial’’ is
                                               Captain, U.S. Coast Guard, Captain of the               the regulations.gov system for the
                                                                                                       submission and posting of public                      defined as a ‘‘work issued or intended
                                               Port Delaware.                                                                                                to be issued in successive parts bearing
                                               [FR Doc. 2018–10486 Filed 5–16–18; 8:45 am]             comments in this proceeding. All
                                                                                                       comments are therefore to be submitted                numerical or chronological designations
                                               BILLING CODE 9110–04–P                                                                                        and intended to be continued
                                                                                                       electronically through regulations.gov.
                                                                                                                                                             indefinitely,’’ such as periodicals,
                                                                                                       Specific instructions for submitting
                                                                                                                                                             magazines, and journals. 37 CFR
                                                                                                       comments are available on the
                                               LIBRARY OF CONGRESS                                                                                           202.3(b)(1)(v).
                                                                                                       Copyright Office website at https://                     The current group registration option
                                               Copyright Office                                        www.copyright.gov/rulemaking/group-                   for serials has a number of
                                                                                                       serials/. If electronic submission of                 requirements, which are listed in
                                               37 CFR Parts 201, 202                                   comments is not feasible due to lack of               different areas of the Code of Federal
                                                                                                       access to a computer and/or the                       Regulations and in various Office
                                               [Docket No. 2018–2]                                     internet, please contact the Office using             publications. Specifically, applicants
                                                                                                       the contact information below for                     may use the group option (i) if the serial
                                               Group Registration of Serials                           special instructions.                                 is ‘‘published at intervals of a week or
                                               AGENCY: U.S. Copyright Office, Library                  FOR FURTHER INFORMATION CONTACT:                      longer’’; (ii) if the issues are ‘‘published
                                               of Congress.                                            Robert J. Kasunic, Associate Register of              in the same calendar year’’; (iii) if the
                                               ACTION: Notice of proposed rulemaking.                  Copyrights and Director of Registration               ‘‘application covers no more than the
                                                                                                       Policy and Practice, or Erik Bertin,                  issues published in a given three month
                                               SUMMARY:    The U.S. Copyright Office is                Deputy Director of Registration Policy                period’’; and (iv) if the issues are
                                               proposing to update its regulation                      and Practice, by telephone at 202–707–                ‘‘created no more than one year prior to
                                               governing the group registration option                 8040, or by email at rkas@loc.gov and                 publication.’’ 37 CFR 202.3(b)(6)(i),
                                               for serials—works such as magazines                     ebertin@loc.gov; or Cindy Paige                       (i)(B), (i)(G). The applicant must include
                                               and journals. The proposed rule will                    Abramson, Assistant General Counsel,                  a ‘‘minimum [of] 2 issues’’ in each
                                               make a number of changes to reflect                     by telephone at 202–707–0676, or by                   submission, id. § 201.3(c)(6), and may
                                               current Office practices, promote                       email at ciab@loc.gov.                                register the works using the online
                                               efficiency of the registration process,                 SUPPLEMENTARY INFORMATION:                            application designated for groups of
                                               and encourage broader participation in                                                                        serial issues, or submit a paper
                                               the registration system by reducing the                 I. Background
                                                                                                                                                             application on Form SE/Group, id.
                                               burden on applicants. Specifically, the                    When Congress enacted the Copyright                § 202.3(b)(6)(v). In addition, ‘‘[t]he claim
                                               proposed rule will require applicants to                Act of 1976 (the ‘‘Act’’), it authorized              to copyright for which registration is
                                               file an online application rather than a                the Register of Copyrights (the                       sought’’ must be ‘‘in the collective
                                               paper application, and upload a                         ‘‘Register’’) to specify by regulation the            work’’; the collective work must be a
                                               complete digital copy of each issue                     administrative classes of works for the               work made for hire; ‘‘[t]he collective
                                               through the electronic registration                     purpose of seeking a registration, and                work authorship’’ must be ‘‘essentially
                                               system instead of submitting them in                    the nature of the deposits required for               new material that is being published for
                                               physical form. It will update the                       each such class. See 17 U.S.C.408(c). In              the first time’’; and ‘‘[t]he author(s) and
                                               eligibility requirements for this group                 addition, Congress granted the Register               claimant(s) of the collective work’’ must
                                               option in several respects, such as                     the discretion to allow groups of related             be ‘‘the same person(s) or
                                               clarifying that each issue must be                      works to be registered with one                       organization(s).’’ Id. § 202.3(b)(6)(i)(C)–
                                               published under the same continuing                     application and one filing fee, a                     (F). The applicant must also submit a
                                               title. In addition, the proposed rule will              procedure known as ‘‘group                            deposit consisting of one complete copy
                                               remove the requirement that the                         registration.’’ See 17 U.S.C. 408(c)(1).              of the best edition of each issue
                                               claimant provide the Library of                         Congress recognized that requiring                    included in the group registration.2 Id.
                                               Congress with two complimentary                         applicants to submit separate                         § 202.3(b)(6)(v)(A)(3), B(3).
                                               subscriptions to that serial as a                       applications for certain types of works
                                               condition for using the group                           may be so burdensome and expensive                      1 Subsequently, the Office created separate group

                                               registration option. Under the proposed                 that authors and copyright owners may                 registration options for daily newspapers and daily
                                                                                                                                                             newsletters. 57 FR 39615 (Sept. 1, 1992); 60 FR
                                               rule, however, serial publishers will                   forgo registration altogether, since                  15874 (Mar. 28, 1995). While such works meet the
                                               remain subject to the mandatory deposit                 copyright registration is not a                       regulatory definition of ‘‘serials,’’ see 37 CFR
                                               requirement. Specifically, if a serial is               prerequisite to copyright protection.                 202.3(b)(1)(v), they could not be registered under
amozie on DSK3GDR082PROD with PROPOSALS




                                               published in the United States in a                     H.R. Rep. No. 94–1476, at 154 (1976);                 the existing serial group registration option because
                                                                                                                                                             that option was limited to serials published at
                                               physical format, the publisher must                     reprinted in 1976 U.S.C.C.A.N. 5659,                  intervals of a week or longer. See 55 FR at 50556.
                                               send complimentary subscriptions to                     5770; S. Rep. No. 94–473, at 136 (1975).              The Office has recently updated its regulations
                                               the Library, unless it is informed that                 Pursuant to the authority granted from                regarding the group registration of newspapers, 83
                                               the serial title is not needed for the                  Congress, the Register has issued                     FR 4144 (Jan. 30, 2018), and plans to issue a
                                                                                                                                                             proposed rule relating to the group registration of
                                               Library’s collection. Serials published                 regulations permitting the U.S.                       newsletters.
                                               only in electronic form will continue to                Copyright Office (the ‘‘Office’’) to issue              2 The ‘‘best edition’’ of a work is ‘‘the edition,

                                               be subject to the existing on-demand                    a group registration for limited                      published in the United States at any time before



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Document Created: 2018-05-17 00:50:33
Document Modified: 2018-05-17 00:50:33
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 June 18, 2018.
ContactIf you have questions on this rule, call or email MST1 Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, telephone (215) 271-4889.
FR Citation83 FR 22894 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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