83_FR_23339 83 FR 23242 - Safety Zone for Marine Events, Delaware River; Philadelphia, PA

83 FR 23242 - Safety Zone for Marine Events, Delaware River; Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 97 (May 18, 2018)

Page Range23242-23244
FR Document2018-10661

The Coast Guard proposes to establish a temporary safety zone on the waters of the Delaware River in Philadelphia, Pennsylvania. The regulation would restrict vessel traffic on a portion of the Delaware River from operating during a fireworks display on June 13, 2018, from 9:00 p.m. until 10:00 p.m. During the enforcement periods, no vessel would be allowed to enter in or transit this regulated area without approval from the Captain of the Port or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 97 (Friday, May 18, 2018)
[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Proposed Rules]
[Pages 23242-23244]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10661]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0373]
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 proposes to establish a temporary safety zone 
on the waters of the Delaware River in Philadelphia, Pennsylvania. The 
regulation would restrict vessel traffic on a portion of the Delaware 
River from operating during a fireworks display on June 13, 2018, from 
9:00 p.m. until 10:00 p.m. During the enforcement periods, no vessel 
would be allowed to enter in or transit this regulated area without 
approval from the Captain of the Port 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 June 4, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0373 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 rule, 
call or email MST1 Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, 
Waterways Management Division, telephone (215) 271-4889, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COT 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 April 14, 2018, the Delaware River Waterfront Corporation 
notified the Coast Guard that it will be conducting a fireworks display 
from 9:00 p.m. to 10:00 p.m. on June 13, 2018. The

[[Page 23243]]

fireworks will be launched from a barge in the Delaware River off 
Penn's Landing in Philadelphia. Potential hazards from fireworks 
display 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 these potential hazards 
pose 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 Captain of the Port, Delaware Bay, proposes the establishment 
of 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 safety zone includes all navigable 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 will be effective and enforced from 
9:00 p.m. to 10:00 p.m. on June 13, 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 
display. However, this safety zone will only impact a small designated 
area of the Delaware River, in Philadelphia, PA, for one hour. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 regarding the safety zone. Vessel operators 
may request permission to enter the zone before and after the fireworks 
display while the rule is in effect.

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.
    This rule will affect the following entities, some of which may be 
small entities. The owners or operators of vessels intending to anchor 
or transit along a portion of Delaware River in the vicinity of 
Philadelphia, from 9:00 p.m. until 10:00 p.m. on June 13, 2018.
    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

[[Page 23244]]

involves a safety zone lasting for one hour that would prohibit entry 
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 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 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.T05-0373 to read as follows:


Sec.  165.T05-0373  Safety Zone; Delaware River; Philadelphia, PA.

    (a) Location. The following area is a safety zone: 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 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 vessels in the safety 
zone must comply with all lawful orders or directions given to them by 
the COTP or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced on from 9:00 
p.m. to 10:00 p.m. on June 13, 2018.

    Dated: May 15, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware.
[FR Doc. 2018-10661 Filed 5-17-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                  23242                      Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Proposed Rules

                                                  Scotts-Bell 47 Inc. (Type Certificate                   (a)(1) through (4) and 14 CFR 91.417(a)(2)(v).        DEPARTMENT OF HOMELAND
                                                      Previously Held by Bell Helicopter                  The record must be maintained as required             SECURITY
                                                      Textron Inc.): Docket No. FAA–2018–                 by 14 CFR 91.417, 121.380, or 135.439.
                                                      0440; Product Identifier 2016–SW–077–                  (ii) If the safety wire is missing or broken       Coast Guard
                                                      AD.                                                 or if the anti-sabotage lacquer is missing or
                                                  (a) Applicability                                       fractured, before further flight, adjust and          33 CFR Part 165
                                                                                                          secure the throttle linkage as described in
                                                    This AD applies to Scotts-Bell 47 Inc.                                                                      [Docket Number USCG–2018–0373]
                                                  (Scotts-Bell) Model 47, 47B, 47B3, 47D,                 paragraph (e)(3)(i) and (e)(3)(ii) of this AD.
                                                  47D1, 47E, 47G, 47G–2, 47G–2A, 47G–2A–1,                   (3) Within 100 hours time-in-service or at         RIN 1625–AA00
                                                  47G–3, 47G–3B, 47G–3B–1, 47G–3B–2, 47G–                 the next annual or 100-hour inspection,
                                                  3B–2A, 47G–4, 47G–4A, 47G–5, 47G–5A,                    whichever occurs first, and thereafter at each        Safety Zone for Marine Events,
                                                  47H–1, 47J, 47J–2, 47J–2A, and 47K                      annual or 100-hour inspection, whichever              Delaware River; Philadelphia, PA
                                                  helicopters, certificated in any category, with         occurs first:
                                                  a Marvel Schebler Model MA–3, MA–3A,                       (i) Adjust and secure the throttle linkage as      AGENCY:   Coast Guard, DHS.
                                                  MA3–PA, MA–3SPA, MA4–SPA, MA4–5,                        specified in Appendix 1 of the Scotts-Bell            ACTION:   Notice of proposed rulemaking.
                                                  MA4–5AA, MA–5, MA–5AA, MA–6AA, or                       Maintenance and Overhaul Instructions
                                                  HA–6 carburetor installed.                              Temporary Revision that is applicable to              SUMMARY:   The Coast Guard proposes to
                                                  (b) Unsafe Condition                                    your helicopter, as listed in Table 1 of Scotts-      establish a temporary safety zone on the
                                                                                                          Bell Alert Service Bulletin 47–15–27 R1,              waters of the Delaware River in
                                                    This AD defines the unsafe condition as
                                                  separation of the throttle linkage from an              dated November 1, 2016.                               Philadelphia, Pennsylvania. The
                                                  engine carburetor shaft. This condition could              (ii) For Model 47, 47B, 47B3, 47D, 47E, and        regulation would restrict vessel traffic
                                                  result in loss of throttle control and                  47K helicopters, adjust and secure the                on a portion of the Delaware River from
                                                  subsequent forced landing of the helicopter.            throttle linkage using a method approved by           operating during a fireworks display on
                                                                                                          the Manager, Chicago ACO Branch. For a                June 13, 2018, from 9:00 p.m. until
                                                  (c) Comments Due Date
                                                                                                          repair method to be approved as required by           10:00 p.m. During the enforcement
                                                     We must receive comments by July 17,                 this AD, the Manager’s approval letter must           periods, no vessel would be allowed to
                                                  2018.                                                   specifically refer to this AD.                        enter in or transit this regulated area
                                                  (d) Compliance                                          (f) Special Flight Permits                            without approval from the Captain of
                                                    You are responsible for performing each                                                                     the Port or a designated representative.
                                                                                                            Special flight permits are prohibited.
                                                  action required by this AD within the                                                                         We invite your comments on this
                                                  specified compliance time unless it has                 (g) Alternative Methods of Compliance                 proposed rulemaking.
                                                  already been accomplished prior to that time.
                                                                                                            (1) The Manager, Chicago ACO Branch,                DATES: Comments and related material
                                                  (e) Required Actions                                    FAA, may approve AMOCs for this AD. Send              must be received by the Coast Guard on
                                                     (1) Before further flight, inspect the throttle      your proposal to: Shawn Malekpour,                    or before June 4, 2018.
                                                  linkage connection at the engine carburetor             Aviation Safety Engineer, Chicago ACO                 ADDRESSES: You may submit comments
                                                  for security: Determine whether the throttle            Branch, Compliance & Airworthiness                    identified by docket number USCG–
                                                  linkage is securely attached to the serrated            Division, FAA, 2300 East Devon Ave., Des
                                                                                                                                                                2018–0373 using the Federal
                                                  shaft of the carburetor, inspect the throttle           Plaines, Illinois 60018; telephone (847) 294–
                                                  linkage clamp screw for broken or missing                                                                     eRulemaking Portal at http://
                                                                                                          7834; email shawn.malekpour@faa.gov.
                                                  safety wire, and determine whether safety                 (2) For operations conducted under a 14
                                                                                                                                                                www.regulations.gov. See the ‘‘Public
                                                  wire captures the throttle linkage and                  CFR part 119 operating certificate or under           Participation and Request for
                                                  carburetor stop arm.                                    14 CFR part 91, subpart K, we suggest that            Comments’’ portion of the
                                                     (i) If there is any looseness, axial                 you notify your principal inspector, or               SUPPLEMENTARY INFORMATION section for
                                                  movement, or movement between the                                                                             further instructions on submitting
                                                                                                          lacking a principal inspector, the manager of
                                                  serrated shaft and the throttle linkage; if a                                                                 comments.
                                                                                                          the local flight standards district office or
                                                  throttle linkage clamp screw is loose; if any
                                                  safety wire is broken or missing; or if safety          certificate holding district office before            FOR FURTHER INFORMATION CONTACT:    If
                                                  wire does not capture the throttle linkage and          operating any aircraft complying with this            you have questions about this rule, call
                                                  carburetor stop arm, before further flight,             AD through an AMOC.                                   or email MST1 Edmund Ofalt, U.S.
                                                  adjust and secure the throttle linkage as               (h) Additional Information                            Coast Guard, Sector Delaware Bay,
                                                  required by paragraph (e)(3)(i) and (e)(3)(ii) of                                                             Waterways Management Division,
                                                  this AD.                                                   For service information identified in this
                                                                                                          AD, contact Scott’s-Bell 47, Inc., 100                telephone (215) 271–4889, email
                                                     (ii) If there is no looseness, axial
                                                  movement, or movement between the                       Minnesota Ave., Le Sueur, MN 56058;                   Edmund.J.Ofalt@uscg.mil.
                                                  serrated shaft and the throttle linkage; no             telephone (507) 665–0035; email info@                 SUPPLEMENTARY INFORMATION:
                                                  throttle linkage clamp screws are loose; no             scottsbell47.com. You may review a copy of
                                                  safety wire is broken or missing; and safety            this referenced service information at the
                                                                                                                                                                I. Table of Abbreviations
                                                  wire captures the throttle linkage and                  FAA, Office of the Regional Counsel,                  CFR Code of Federal Regulations
                                                  carburetor stop arm, before further flight,             Southwest Region, 10101 Hillwood Pkwy,                COT Captain of the Port
                                                  apply anti-sabotage lacquer (Torque-Seal or             Room 6N–321, Fort Worth, TX 76177.                    DHS Department of Homeland Security
                                                  equivalent) between the throttle arm and the                                                                  FR Federal Register
                                                  serrated shaft and between the self-locking             (i) Subject                                           NPRM Notice of proposed rulemaking
                                                  nut and the throttle arm.                                 Joint Aircraft Service Component (JASC)             § Section
                                                     (2) Before the first flight of each day:
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          Code: 7322 Engine Controls.                           U.S.C. United States Code
                                                     (i) Check the throttle linkage-carburetor
                                                  attachment for broken or missing safety wire              Issued in Fort Worth, Texas, on May 9,              II. Background, Purpose, and Legal
                                                  and for missing or fractured anti-sabotage              2018.                                                 Basis
                                                  lacquer. The actions required by this                   Lance T. Gant,
                                                  paragraph may be performed by the owner/                                                                         On April 14, 2018, the Delaware River
                                                                                                          Director, Compliance & Airworthiness                  Waterfront Corporation notified the
                                                  operator (pilot) holding at least a private pilot
                                                                                                          Division, Aircraft Certification Service.             Coast Guard that it will be conducting
                                                  certificate, and must be entered into the
                                                  aircraft records showing compliance with                [FR Doc. 2018–10585 Filed 5–17–18; 8:45 am]           a fireworks display from 9:00 p.m. to
                                                  this AD in accordance with 14 CFR 43.9                  BILLING CODE 4910–13–P                                10:00 p.m. on June 13, 2018. The


                                             VerDate Sep<11>2014   16:02 May 17, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\18MYP1.SGM   18MYP1


                                                                             Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Proposed Rules                                            23243

                                                  fireworks will be launched from a barge                 Management and Budget (OMB), and                      C. Collection of Information
                                                  in the Delaware River off Penn’s                        pursuant to OMB guidance it is exempt                   This proposed rule would not call for
                                                  Landing in Philadelphia. Potential                      from the requirements of Executive                    a new collection of information under
                                                  hazards from fireworks display include                  Order 13771.                                          the Paperwork Reduction Act of 1995
                                                  accidental discharge of fireworks,                         This regulatory action determination               (44 U.S.C. 3501–3520).
                                                  dangerous projectiles, and falling hot                  is based on the size, location, and
                                                  embers or other debris. The Captain of                                                                        D. Federalism and Indian Tribal
                                                                                                          duration of the safety zone. Vessel
                                                  the Port Delaware Bay (COTP) has                                                                              Governments
                                                                                                          traffic will be unable to transit the safety
                                                  determined that these potential hazards                 zone for the duration of the fireworks                   A rule has implications for federalism
                                                  pose a safety concern.                                  display. However, this safety zone will               under Executive Order 13132,
                                                     The purpose of this rulemaking is to                 only impact a small designated area of                Federalism, if it has a substantial direct
                                                  ensure the safety of vessels and the                    the Delaware River, in Philadelphia, PA,              effect on the States, on the relationship
                                                  navigable waters before, during, and                    for one hour. Moreover, the Coast Guard               between the national government and
                                                  after the scheduled event. The Coast                                                                          the States, or on the distribution of
                                                                                                          will issue Broadcast Notice to Mariners
                                                  Guard proposes this rulemaking under                                                                          power and responsibilities among the
                                                                                                          via VHF–FM marine channel 16
                                                  authority in 33 U.S.C. 1231.                                                                                  various levels of government. We have
                                                                                                          regarding the safety zone. Vessel
                                                  III. Discussion of Proposed Rule                        operators may request permission to                   analyzed this proposed rule under that
                                                                                                          enter the zone before and after the                   Order and have determined that it is
                                                     The Captain of the Port, Delaware                                                                          consistent with the fundamental
                                                  Bay, proposes the establishment of a                    fireworks display while the rule is in
                                                                                                          effect.                                               federalism principles and preemption
                                                  safety zone on a portion of the Delaware                                                                      requirements described in Executive
                                                  River, Philadelphia, PA, to ensure the                  B. Impact on Small Entities                           Order 13132.
                                                  safety of persons, vessels and the public                                                                        Also, this proposed rule does not have
                                                  during the event. The safety zone                          The Regulatory Flexibility Act of                  tribal implications under Executive
                                                  includes all navigable waters of the                    1980, 5 U.S.C. 601–612, as amended,                   Order 13175, Consultation and
                                                  Delaware River, adjacent to Penn’s                      requires Federal agencies to consider                 Coordination with Indian Tribal
                                                  Landing, Philadelphia, PA, bounded                      the potential impact of regulations on                Governments, because it would not have
                                                  from shoreline to shoreline, bounded on                 small entities during rulemaking. The                 a substantial direct effect on one or
                                                  the south by a line running east to west                term ‘‘small entities’’ comprises small               more Indian tribes, on the relationship
                                                  from points along the shoreline                         businesses, not-for-profit organizations              between the Federal Government and
                                                  commencing at latitude 39°56′31.2″ N,                   that are independently owned and                      Indian tribes, or on the distribution of
                                                  longitude 075°08′28.1″ W; thence                        operated and are not dominant in their                power and responsibilities between the
                                                  westward to latitude 39°56′29.1″ N,                     fields, and governmental jurisdictions                Federal Government and Indian tribes.
                                                  longitude 075°07′56.5″ W, and bounded                   with populations of less than 50,000.                 If you believe this proposed rule has
                                                  on the north by the Benjamin Franklin                   The Coast Guard certifies under 5 U.S.C.              implications for federalism or Indian
                                                  Bridge where it crosses the Delaware                    605(b) that this proposed rule would not              tribes, please contact the person listed
                                                  River. The safety zone will be effective                have a significant economic impact on                 in the FOR FURTHER INFORMATION
                                                  and enforced from 9:00 p.m. to 10:00                    a substantial number of small entities.               CONTACT section.
                                                  p.m. on June 13, 2018. No vessel or                        While some owners or operators of
                                                  person would be permitted to enter the                                                                        E. Unfunded Mandates Reform Act
                                                                                                          vessels intending to transit the safety
                                                  safety zone without obtaining                           zone may be small entities, for the                      The Unfunded Mandates Reform Act
                                                  permission from the COTP or a                           reasons stated in section IV.A above,                 of 1995 (2 U.S.C. 1531–1538) requires
                                                  designated representative. The                          this rule will not have a significant                 Federal agencies to assess the effects of
                                                  regulatory text we are proposing appears                economic impact on any vessel owner                   their discretionary regulatory actions. In
                                                  at the end of this document.                            or operator.                                          particular, the Act addresses actions
                                                                                                                                                                that may result in the expenditure by a
                                                  IV. Regulatory Analyses                                    This rule will affect the following
                                                                                                                                                                State, local, or tribal government, in the
                                                                                                          entities, some of which may be small
                                                    We developed this proposed rule after                                                                       aggregate, or by the private sector of
                                                                                                          entities. The owners or operators of
                                                  considering numerous statutes and                                                                             $100,000,000 (adjusted for inflation) or
                                                                                                          vessels intending to anchor or transit
                                                  Executive orders related to rulemaking.                                                                       more in any one year. Though this
                                                                                                          along a portion of Delaware River in the
                                                  Below we summarize our analyses                                                                               proposed rule would not result in such
                                                                                                          vicinity of Philadelphia, from 9:00 p.m.
                                                  based on a number of these statutes and                                                                       an expenditure, we do discuss the
                                                                                                          until 10:00 p.m. on June 13, 2018.
                                                  Executive orders and we discuss First                                                                         effects of this rule elsewhere in this
                                                  Amendment rights of protestors.                            Under section 213(a) of the Small                  preamble.
                                                                                                          Business Regulatory Enforcement
                                                  A. Regulatory Planning and Review                       Fairness Act of 1996 (Pub. L. 104–121),               F. Environment
                                                     Executive Orders 12866 and 13563                     we want to assist small entities in                     We have analyzed this proposed rule
                                                  direct agencies to assess the costs and                 understanding this proposed rule. If the              under Department of Homeland
                                                  benefits of available regulatory                        rule would affect your small business,                Security Directive 023–01 and
                                                  alternatives and, if regulation is                      organization, or governmental                         Commandant Instruction M16475.1D,
                                                  necessary, to select regulatory                         jurisdiction and you have questions                   which guide the Coast Guard in
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                                                  approaches that maximize net benefits.                  concerning its provisions or options for              complying with the National
                                                  Executive Order 13771 directs agencies                  compliance, please contact the person                 Environmental Policy Act of 1969 (42
                                                  to control regulatory costs through a                   listed in the FOR FURTHER INFORMATION                 U.S.C. 4321–4370f), and have made a
                                                  budgeting process. This NPRM has not                    CONTACT section. The Coast Guard will                 preliminary determination that this
                                                  been designated a ‘‘significant                         not retaliate against small entities that             action is one of a category of actions that
                                                  regulatory action,’’ under Executive                    question or complain about this                       do not individually or cumulatively
                                                  Order 12866. Accordingly, the NPRM                      proposed rule or any policy or action of              have a significant effect on the human
                                                  has not been reviewed by the Office of                  the Coast Guard.                                      environment. This proposed rule


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                                                  23244                      Federal Register / Vol. 83, No. 97 / Friday, May 18, 2018 / Proposed Rules

                                                  involves a safety zone lasting for one                  List of Subjects in 33 CFR Part 165                     Dated: May 15, 2018.
                                                  hour that would prohibit entry portions                                                                       Scott E. Anderson,
                                                                                                            Harbors, Marine safety, Navigation
                                                  of the Delaware River to promote public                                                                       Captain, U.S. Coast Guard, Captain of the
                                                                                                          (water), Reporting and recordkeeping
                                                  and maritime safety during a fireworks                                                                        Port Delaware.
                                                                                                          requirements, Security measures,
                                                  display. Normally such actions are                                                                            [FR Doc. 2018–10661 Filed 5–17–18; 8:45 am]
                                                                                                          Waterways.
                                                  categorically excluded from further                                                                           BILLING CODE 9110–04–P
                                                  review under paragraph L60(a) of                          For the reasons discussed in the
                                                  Appendix A, Table 1 of DHS Instruction                  preamble, the Coast Guard proposes to
                                                  Manual 023–01–001–01, Rev. 01. We                       amend 33 CFR part 165 as follows:                     ENVIRONMENTAL PROTECTION
                                                  seek any comments or information that                                                                         AGENCY
                                                  may lead to the discovery of a                          PART 165—REGULATED NAVIGATION
                                                  significant environmental impact from                   AREAS AND LIMITED ACCESS AREAS                        40 CFR Part 52
                                                  this proposed rule.                                                                                           [EPA–R06–OAR–2017–0052; FRL–9977–89–
                                                                                                          ■ 1. The authority citation for part 165
                                                  G. Protest Activities                                   continues to read as follows:                         Region 6]
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Approval and Promulgation of
                                                    The Coast Guard respects the First
                                                                                                          33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             Implementation Plans; Oklahoma;
                                                  Amendment rights of protesters.                         Department of Homeland Security Delegation
                                                  Protesters are asked to contact the                                                                           Interstate Transport Requirements for
                                                                                                          No. 0170.1.
                                                  person listed in the FOR FURTHER                                                                              the 2012 PM2.5 NAAQS
                                                  INFORMATION CONTACT section to                          ■ 2. Add § 165.T05–0373 to read as
                                                                                                                                                                AGENCY:  Environmental Protection
                                                  coordinate protest activities so that your              follows:
                                                                                                                                                                Agency (EPA).
                                                  message can be received without                         § 165.T05–0373 Safety Zone; Delaware                  ACTION: Proposed rule.
                                                  jeopardizing the safety or security of                  River; Philadelphia, PA.
                                                  people, places, or vessels.                                                                                   SUMMARY:   Pursuant to the Federal Clean
                                                                                                            (a) Location. The following area is a
                                                  V. Public Participation and Request for                 safety zone: all navigable waters of                  Air Act (CAA or Act), the
                                                  Comments                                                Delaware River, adjacent to Penns                     Environmental Protection Agency (EPA)
                                                                                                          Landing, Philadelphia, PA, bounded                    is proposing to approve portions of the
                                                     We view public participation as                      from shoreline to shoreline, bounded on               Oklahoma State Implementation Plan
                                                  essential to effective rulemaking, and                  the south by a line running east to west              (SIP) submittal addressing the CAA
                                                  will consider all comments and material                 from points along the shoreline                       requirement that SIPs address the
                                                  received during the comment period.                     commencing at latitude 39°56′31.2″ N,                 potential for interstate transport of air
                                                  Your comment can help shape the                         longitude 075°08′28.1″ W; thence                      pollution to significantly contribute to
                                                  outcome of this rulemaking. If you                      westward to latitude 39°56′29.1″ N,                   nonattainment or interfere with
                                                  submit a comment, please include the                    longitude 075°07′56.5″ W, and bounded                 maintenance of the 2012 fine particulate
                                                  docket number for this rulemaking,                      on the north by the Benjamin Franklin                 matter (PM2.5) National Ambient Air
                                                  indicate the specific section of this                   Bridge where it crosses the Delaware                  Quality Standards (NAAQS) in other
                                                  document to which each comment                          River.                                                states. EPA is proposing to determine
                                                  applies, and provide a reason for each                                                                        that emissions from Oklahoma sources
                                                                                                            (b) Definitions. As used in this                    do not contribute significantly to
                                                  suggestion or recommendation.                           section, designated representative                    nonattainment in, or interfere with
                                                     We encourage you to submit                           means a Coast Guard Patrol                            maintenance by, any other state with
                                                  comments through the Federal                            Commander, including a Coast Guard                    regard to the 2012 PM2.5 NAAQS.
                                                  eRulemaking Portal at http://                           petty officer, warrant or commissioned
                                                  www.regulations.gov. If your material                                                                         DATES: Written comments must be
                                                                                                          officer on board a Coast Guard vessel or
                                                  cannot be submitted using http://                       on board a federal, state, or local law               received on or before June 18, 2018.
                                                  www.regulations.gov, contact the person                 enforcement vessel assisting the Captain              ADDRESSES: Submit your comments,
                                                  in the FOR FURTHER INFORMATION                          of the Port, Delaware Bay in the                      identified by Docket Number EPA–R06–
                                                  CONTACT section of this document for                    enforcement of the safety zone.                       OAR–2017–0052, at http://
                                                  alternate instructions.                                    (c) Regulations.                                   www.regulations.gov or via email to
                                                                                                                                                                fuerst.sherry@epa.gov. Follow the
                                                     We accept anonymous comments. All                       (1) Under the general safety zone                  online instructions for submitting
                                                  comments received will be posted                        regulations in subpart C of this part, you            comments. Once submitted, comments
                                                  without change to http://                               may not enter the safety zone described               cannot be edited or removed from
                                                  www.regulations.gov and will include                    in paragraph (a) of this section unless               Regulations.gov. The EPA may publish
                                                  any personal information you have                       authorized by the COTP or the COTP’s                  any comment received to its public
                                                  provided. For more about privacy and                    designated representative.                            docket. Do not submit electronically any
                                                  the docket, visit http://                                  (2) To request permission to enter the             information you consider to be
                                                  www.regulations.gov/privacyNotice.                      safety zone, contact the COTP or the                  Confidential Business Information (CBI)
                                                     Documents mentioned in this NPRM                     COTP’s representative on marine band                  or other information whose disclosure is
                                                  as being available in the docket, and all               radio VHF–FM channel 16 (156.8 MHz)                   restricted by statute. Multimedia
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                                                  public comments, will be in our online                  or 215–271–4807. All persons and                      submissions (audio, video, etc.) must be
                                                  docket at http://www.regulations.gov                    vessels in the safety zone must comply                accompanied by a written comment.
                                                  and can be viewed by following that                     with all lawful orders or directions                  The written comment is considered the
                                                  website’s instructions. Additionally, if                given to them by the COTP or the                      official comment and should include
                                                  you go to the online docket and sign up                 COTP’s designated representative.                     discussion of all points you wish to
                                                  for email alerts, you will be notified                     (d) Enforcement period. This section               make. The EPA will generally not
                                                  when comments are posted or a final                     will be enforced on from 9:00 p.m. to                 consider comments or comment
                                                  rule is published.                                      10:00 p.m. on June 13, 2018.                          contents located outside of the primary


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Document Created: 2018-05-18 02:16:26
Document Modified: 2018-05-18 02:16:26
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 4, 2018.
ContactIf you have questions about this rule, call or email MST1 Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, telephone (215) 271-4889, email [email protected]
FR Citation83 FR 23242 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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