83 FR 30863 - Safety Zone; Fireworks Display, Delaware Bay, Lewes, DE

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 127 (July 2, 2018)

Page Range		30863-30865
FR Document		2018-14103

The Coast Guard is establishing a temporary safety zone on the waters of Delaware Bay off Lewes, DE from 9 p.m. to 10 p.m. on July 4, 2018 during the Lewes, DE Fireworks Display. The safety zone is necessary to ensure the safety of participant vessels, spectators, and the boating public during the event. This regulation prohibits persons and non-participant vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port (COTP) Delaware Bay or a designated representative.

Federal Register, Volume 83 Issue 127 (Monday, July 2, 2018)

[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30863-30865]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14103]



[[Page 30863]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0450]
RIN 1625-AA00


Safety Zone; Fireworks Display, Delaware Bay, Lewes, DE

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Delaware Bay off Lewes, DE from 9 p.m. to 10 p.m. on July 4, 
2018 during the Lewes, DE Fireworks Display. The safety zone is 
necessary to ensure the safety of participant vessels, spectators, and 
the boating public during the event. This regulation prohibits persons 
and non-participant vessels from entering, transiting through, 
anchoring in, or remaining within the safety zone unless authorized by 
the Captain of the Port (COTP) Delaware Bay or a designated 
representative.

DATES: This rule is effective from 9 p.m. to 10 p.m. on July 4, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0450 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, 
Waterways Management Division, Coast Guard; telephone (215) 271-4814, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable and contrary to 
the public interest to do so. There is insufficient time to allow for a 
reasonable comment period prior to the date of the event. The rule must 
be in force by July 4, 2018 to serve its purpose of ensuring the safety 
of spectators and the general public from hazards associated with the 
fireworks display. Hazards include accidental discharge of fireworks, 
dangerous projectiles, and falling hot embers or other debris.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to mitigate the potential safety 
hazards associated with a fireworks display in this location.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Delaware Bay (COTP) has determined that 
potential hazards associated with the fireworks display on July 4, 2018 
will be a safety concern for anyone within a 350 yard radius of the 
fireworks barge, which will be anchored in approximate position 
38[deg]47'12.07'' N, 075[deg]07'48.89'' W. This rule is needed to 
protect persons, vessels and the public within the safety zone during 
the fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on the waters of 
Delaware Bay off Lewes, DE during a fireworks display from a barge. The 
event is scheduled to take place from 9 p.m. to 10 p.m. on July 4, 
2018. The safety zone will extend 350 yards around the barge, which 
will be anchored at approximate position 38[deg]47'12.07'' N, 
075[deg]07'48.89'' W. No person or vessel will be permitted to enter, 
transit through, anchor in, or remain within the safety zone without 
obtaining permission from the COTP Delaware Bay or a designated 
representative. If authorization to enter, transit through, anchor in, 
or remain within the safety zone is granted by the COTP Delaware Bay or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the COTP Delaware 
Bay or a designated representative. The Coast Guard will provide public 
notice of the safety zone by Local Notice to Mariners, Broadcast Notice 
to Mariners, and by on-scene actual notice from designated 
representatives. The regulatory text we are proposing appears at the 
end of this document.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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 rule will not have a significant economic impact on any vessel 
owner or operator for the following reasons: (1) Although persons and 
vessels may not enter, transit through, anchor in, or remain within the 
safety zone without authorization from the COTP Delaware Bay or a 
designated representative, they may operate in the surrounding area 
during the enforcement period; (2) persons and vessels will still be 
able to enter, transit through, anchor in, or remain within the 
regulated area if authorized by the COTP Delaware Bay or a designated 
representative; and (3) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners, Broadcast Notice to Mariners, or by on-scene 
actual notice from designated representatives.

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

[[Page 30864]]

with populations of less than 50,000. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will 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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 determined 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 rule involves 
a safety zone that will prohibit persons and vessels from entering, 
transiting through, anchoring in, or remaining within a limited area on 
the navigable water in the Delaware Bay, during a fireworks display 
lasting approximately one hour. This rule is categorically excluded 
from further review under paragraph L60(a) of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0450 to read as follows:


Sec.  165.T05-0450  Safety Zone; Safety Zone; Fireworks, Delaware 
River, Philadelphia PA.

    (a) Location. The following area is a safety zone: All waters of 
Delaware Bay off Lewes, DE within 350 yards of the barge anchored in 
approximate position 38[deg]47'12.07'' N, 075[deg]07'48.89'' W. These 
coordinates are based on the 1984 World Geodedic System (WGS 84).
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer on board a Coast Guard vessel 
or on board a federal, state, or local law enforcement vessel assisting 
the Captain of the Port (COTP), Delaware Bay in the enforcement of the 
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, all persons and vessels are prohibited from 
entering the safety zone described in paragraph (a) of this section 
unless authorized by the COTP or the COTP's designated representative.
    (2) To seek permission to enter or remain in the zone, contact the 
COTP or the COTP's representative via VHF-FM channel 16 or 215-271-
4807. Those in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (3) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by Federal, State, and local 
agencies.
    (e) Enforcement period. This zone will be enforced from 
approximately 9 p.m. to 10 p.m. on July 4, 2018.


[[Page 30865]]


    Dated: June 20, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard Captain of the Port Delaware Bay.
[FR Doc. 2018-14103 Filed 6-29-18; 8:45 am]
 BILLING CODE 9110-04-P

30864 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations

with populations of less than 50,000. direct effect on one or more Indian List of Subjects in 33 CFR Part 165
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
Harbors, Marine safety, Navigation
605(b) that this rule will not have a Federal Government and Indian tribes, (water), Reporting and recordkeeping
significant economic impact on a or on the distribution of power and requirements, Security measures,
substantial number of small entities. responsibilities between the Federal
While some owners or operators of Waterways.
Government and Indian tribes. If you
vessels intending to transit the safety believe this rule has implications for For the reasons discussed in the
zone may be small entities, for the federalism or Indian tribes, please preamble, the Coast Guard amends 33
reasons stated in section IV.A above, contact the person listed in the FOR CFR part 165 as follows:
this rule will not have a significant FURTHER INFORMATION CONTACT section
economic impact on any vessel owner PART 165—REGULATED NAVIGATION
above. AREAS AND LIMITED ACCESS AREAS
or operator.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
Business Regulatory Enforcement ■ 1. The authority citation for part 165
Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act continues to read as follows:
we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
understanding this rule. If the rule Federal agencies to assess the effects of 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
would affect your small business, their discretionary regulatory actions. In Department of Homeland Security Delegation
organization, or governmental particular, the Act addresses actions No. 0170.1.
jurisdiction and you have questions that may result in the expenditure by a ■ 2. Add § 165.T05–0450 to read as
concerning its provisions or options for State, local, or tribal government, in the follows:
compliance, please contact the person aggregate, or by the private sector of
listed in the FOR FURTHER INFORMATION § 165.T05–0450 Safety Zone; Safety Zone;
$100,000,000 (adjusted for inflation) or
Fireworks, Delaware River, Philadelphia PA.
CONTACT section. more in any one year. Though this rule
Small businesses may send comments will not result in such an expenditure, (a) Location. The following area is a
on the actions of Federal employees we do discuss the effects of this rule safety zone: All waters of Delaware Bay
who enforce, or otherwise determine elsewhere in this preamble. off Lewes, DE within 350 yards of the
compliance with, Federal regulations to barge anchored in approximate position
the Small Business and Agriculture F. Environment 38°47′12.07″ N, 075°07′48.89″ W. These
Regulatory Enforcement Ombudsman coordinates are based on the 1984
We have analyzed this rule under World Geodedic System (WGS 84).
and the Regional Small Business
Regulatory Fairness Boards. The Department of Homeland Security
(b) Definitions. As used in this
Ombudsman evaluates these actions Directive 023–01 and Commandant section, designated representative
annually and rates each agency’s Instruction M16475.1D, which guide the means a Coast Guard Patrol
responsiveness to small business. If you Coast Guard in complying with the Commander, including a Coast Guard
wish to comment on actions by National Environmental Policy Act of petty officer, warrant or commissioned
employees of the Coast Guard, call 1– 1969 (42 U.S.C. 4321–4370f), and have officer on board a Coast Guard vessel or
888–REG–FAIR (1–888–734–3247). The determined that this action is one of a on board a federal, state, or local law
Coast Guard will not retaliate against category of actions that do not enforcement vessel assisting the Captain
small entities that question or complain individually or cumulatively have a of the Port (COTP), Delaware Bay in the
about this rule or any policy or action significant effect on the human enforcement of the safety zone.
of the Coast Guard. environment. This rule involves a safety (c) Regulations. (1) Under the general
zone that will prohibit persons and safety zone regulations in subpart C of
C. Collection of Information vessels from entering, transiting this part, all persons and vessels are
This rule will not call for a new through, anchoring in, or remaining prohibited from entering the safety zone
collection of information under the within a limited area on the navigable described in paragraph (a) of this
Paperwork Reduction Act of 1995 (44 water in the Delaware Bay, during a section unless authorized by the COTP
U.S.C. 3501–3520). fireworks display lasting approximately or the COTP’s designated representative.
D. Federalism and Indian Tribal one hour. This rule is categorically (2) To seek permission to enter or
Governments excluded from further review under remain in the zone, contact the COTP or
paragraph L60(a) of Appendix A, Table the COTP’s representative via VHF–FM
A rule has implications for federalism 1 of DHS Instruction Manual 023–01–
under Executive Order 13132, channel 16 or 215–271–4807. Those in
001–01, Rev. 01. A preliminary Record the safety zone must comply with all
Federalism, if it has a substantial direct of Environmental Consideration (REC)
effect on the States, on the relationship lawful orders or directions given to
supporting this determination is them by the COTP or the COTP’s
between the national government and available in the docket where indicated
the States, or on the distribution of designated representative.
under ADDRESSES. (3) This section applies to all vessels
power and responsibilities among the
various levels of government. We have G. Protest Activities except those engaged in law
analyzed this rule under that Order and enforcement, aids to navigation
have determined that it is consistent The Coast Guard respects the First servicing, and emergency response
with the fundamental federalism Amendment rights of protesters. operations.
Protesters are asked to contact the (d) Enforcement. The U.S. Coast
daltland on DSKBBV9HB2PROD with RULES

principles and preemption requirements
described in Executive Order 13132. person listed in the FOR FURTHER Guard may be assisted in the patrol and
Also, this rule does not have tribal INFORMATION CONTACT section to enforcement of the safety zone by
implications under Executive Order coordinate protest activities so that your Federal, State, and local agencies.
13175, Consultation and Coordination message can be received without (e) Enforcement period. This zone
with Indian Tribal Governments, jeopardizing the safety or security of will be enforced from approximately 9
because it does not have a substantial people, places or vessels. p.m. to 10 p.m. on July 4, 2018.

VerDate Sep<11>2014 16:46 Jun 29, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\02JYR1.SGM 02JYR1

Document Created: 2018-06-30 00:17:58
Document Modified: 2018-06-30 00:17:58

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 9 p.m. to 10 p.m. on July 4, 2018.
Contact		If you have questions on this rule, call or email MST1 Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast Guard; telephone (215) 271-4814, email [email protected]
FR Citation		83 FR 30863
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 30863 - Safety Zone; Fireworks Display, Delaware Bay, Lewes, DE

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 127 (July 2, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard