83 FR 39937 - Safety Zone; Delaware River; Penn's Landing; Philadelphia, PA; Fireworks Display

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 156 (August 13, 2018)

Page Range		39937-39939
FR Document		2018-17333

The Coast Guard proposes to establish a temporary safety zone on a portion of the Delaware River in Philadelphia, PA. This action is necessary to protect the surrounding public and vessels on these navigable waters adjacent to Penn's Landing, Philadelphia, PA, during a fireworks display on September 16, 2018. This proposed rulemaking would prohibit persons and vessels from entering, transiting, or remaining within the safety zone unless authorized by the Captain of the Port Delaware Bay or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 156 (Monday, August 13, 2018)

[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Proposed Rules]
[Pages 39937-39939]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17333]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0723]
RIN 1625-AA00


Safety Zone; Delaware River; Penn's Landing; Philadelphia, PA; 
Fireworks Display

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 a portion of the Delaware River in Philadelphia, PA. This action is 
necessary to protect the surrounding public and vessels on these 
navigable waters adjacent to Penn's Landing, Philadelphia, PA, during a 
fireworks display on September 16, 2018. This proposed rulemaking would 
prohibit persons and vessels from entering, transiting, or remaining 
within the safety zone unless authorized by the Captain of the Port 
Delaware Bay or a designated representative. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 28, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0723 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Thomas Welker, U.S. 
Coast Guard, Sector Delaware Bay, Waterways Management Division; 
telephone 215-271-4814, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On July 18, 2018, the Mexican Cultural Society notified the Coast

[[Page 39938]]

Guard that it will be conducting a fireworks display from 8 to 8:30 
p.m. on September 16, 2018, to commemorate Mexican Independence Day. 
The fireworks are to be launched from a barge in the Delaware River 
adjacent to Penn's Landing in Philadelphia, PA. Hazards from firework 
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 for anyone within a 500-yard radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 500-yard radius of the fireworks 
barge 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 proposes to establish a safety zone from 7:30 p.m. through 
8:45 p.m. on September 16, 2018. The safety zone would cover all 
navigable waters within 500 yards of a barge in the Delaware River 
adjacent to Penn's Landing in Philadelphia, PA. The barge will be 
anchored in approximate position 39[deg]56'50.35'' N Latitude 
075[deg]08'18.27'' W Longitude. The duration of the zone is intended to 
ensure the safety of vessels and these navigable waters before, during, 
and after the scheduled 8 p.m. to 8:30 p.m. fireworks display. No 
vessel or person would be permitted to enter, transit, or remain within 
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, duration, and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone which would 
impact a small designated area of the Delaware River for 1 hour and 15 
minutes during the evening when vessel traffic is normally low. 
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the zone, and the rule would allow 
vessels to seek 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 proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that

[[Page 39939]]

do not individually or cumulatively have a significant effect on the 
human environment. This proposed rule involves a safety zone lasting 1 
hour 15 minutes that would prohibit entry within 500 yards of a 
fireworks barge. Normally such actions are categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to 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.T05-0723 to read as follows:


Sec.  165.T05-0723   Safety Zone; Safety Zone; Delaware River; Penn's 
Landing; Philadelphia, PA; Fireworks Display.

    (a) Location. The following area is a safety zone: All waters of 
the Delaware River within a 500-yard radius of the fireworks barge, 
which will be anchored in approximate position 39[deg]56'50.35'' N 
Latitude 075[deg]08'18.27'' W Longitude. All coordinates are based on 
Datum NAD 1983.
    (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--(a) 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; and (b) 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.
    (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.
    (3) No vessel may take on bunkers or conduct lightering operations 
within the safety zone during its enforcement period(s).
    (4) This section applies to all vessels except those engaged in law 
enforcement, aids to navigation servicing, and emergency response 
operations.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the safety zone by federal, state, and local 
agencies.
    (e) Enforcement period. This zone will be enforced from 7:30 p.m. 
through 8:45 p.m. on September 16, 2018.

    Dated: August 8, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-17333 Filed 8-10-18; 8:45 am]
 BILLING CODE 9110-04-P

39938 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Proposed Rules

Guard that it will be conducting a regulatory action,’’ under Executive proposed rule or any policy or action of
fireworks display from 8 to 8:30 p.m. on Order 12866. Accordingly, the NPRM the Coast Guard.
September 16, 2018, to commemorate has not been reviewed by the Office of
C. Collection of Information
Mexican Independence Day. The Management and Budget (OMB), and
fireworks are to be launched from a pursuant to OMB guidance it is exempt This proposed rule would not call for
barge in the Delaware River adjacent to from the requirements of Executive a new collection of information under
Penn’s Landing in Philadelphia, PA. Order 13771. the Paperwork Reduction Act of 1995
Hazards from firework displays include This regulatory action determination (44 U.S.C. 3501–3520).
accidental discharge of fireworks, is based on the size, location, duration, D. Federalism and Indian Tribal
dangerous projectiles, and falling hot and time-of-day of the safety zone. Governments
embers or other debris. The Captain of Vessel traffic would be able to safely
the Port Delaware Bay (COTP) has transit around this safety zone which A rule has implications for federalism
determined that potential hazards would impact a small designated area of under Executive Order 13132,
associated with the fireworks to be used the Delaware River for 1 hour and 15 Federalism, if it has a substantial direct
in this display would be a safety minutes during the evening when vessel effect on the States, on the relationship
concern for anyone within a 500-yard traffic is normally low. Moreover, the between the national government and
radius of the barge. Coast Guard would issue a Broadcast the States, or on the distribution of
The purpose of this rulemaking is to Notice to Mariners via VHF–FM marine power and responsibilities among the
ensure the safety of vessels and the channel 16 about the zone, and the rule various levels of government. We have
navigable waters within a 500-yard would allow vessels to seek permission analyzed this proposed rule under that
radius of the fireworks barge before, to enter the zone. Order and have determined that it is
during, and after the scheduled event. consistent with the fundamental
The Coast Guard proposes this B. Impact on Small Entities federalism principles and preemption
rulemaking under authority in 33 U.S.C. The Regulatory Flexibility Act of requirements described in Executive
1231. 1980, 5 U.S.C. 601–612, as amended, Order 13132.
Also, this proposed rule does not have
III. Discussion of Proposed Rule requires Federal agencies to consider
tribal implications under Executive
the potential impact of regulations on
The COTP proposes to establish a Order 13175, Consultation and
small entities during rulemaking. The
safety zone from 7:30 p.m. through 8:45 Coordination with Indian Tribal
term ‘‘small entities’’ comprises small
p.m. on September 16, 2018. The safety Governments, because it would not have
businesses, not-for-profit organizations
zone would cover all navigable waters a substantial direct effect on one or
that are independently owned and
within 500 yards of a barge in the more Indian tribes, on the relationship
operated and are not dominant in their
Delaware River adjacent to Penn’s between the Federal Government and
fields, and governmental jurisdictions
Landing in Philadelphia, PA. The barge Indian tribes, or on the distribution of
with populations of less than 50,000.
will be anchored in approximate power and responsibilities between the
The Coast Guard certifies under 5 U.S.C.
position 39°56′50.35″ N Latitude Federal Government and Indian tribes.
605(b) that this proposed rule would not
075°08′18.27″ W Longitude. The If you believe this proposed rule has
have a significant economic impact on
duration of the zone is intended to implications for federalism or Indian
a substantial number of small entities.
ensure the safety of vessels and these tribes, please contact the person listed
While some owners or operators of
navigable waters before, during, and in the FOR FURTHER INFORMATION
vessels intending to transit the safety
after the scheduled 8 p.m. to 8:30 p.m. CONTACT section.
zone may be small entities, for the
fireworks display. No vessel or person
reasons stated in section IV.A above, E. Unfunded Mandates Reform Act
would be permitted to enter, transit, or
this proposed rule would not have a The Unfunded Mandates Reform Act
remain within the safety zone without
significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
obtaining permission from the COTP or
vessel owner or operator. Federal agencies to assess the effects of
a designated representative. The
If you think that your business, their discretionary regulatory actions. In
regulatory text we are proposing appears
organization, or governmental particular, the Act addresses actions
at the end of this document.
jurisdiction qualifies as a small entity that may result in the expenditure by a
IV. Regulatory Analyses and that this rule would have a State, local, or tribal government, in the
We developed this proposed rule after significant economic impact on it, aggregate, or by the private sector of
considering numerous statutes and please submit a comment (see $100,000,000 (adjusted for inflation) or
Executive orders related to rulemaking. ADDRESSES) explaining why you think it more in any one year. Though this
Below we summarize our analyses qualifies and how and to what degree proposed rule would not result in such
based on a number of these statutes and this rule would economically affect it. an expenditure, we do discuss the
Executive orders and we discuss First Under section 213(a) of the Small effects of this rule elsewhere in this
Amendment rights of protestors. Business Regulatory Enforcement preamble.
Fairness Act of 1996 (Pub. L. 104–121),
A. Regulatory Planning and Review we want to assist small entities in F. Environment
Executive Orders 12866 and 13563 understanding this proposed rule. If the We have analyzed this proposed rule
direct agencies to assess the costs and rule would affect your small business, under Department of Homeland
sradovich on DSK3GMQ082PROD with PROPOSALS

benefits of available regulatory organization, or governmental Security Directive 023–01 and
alternatives and, if regulation is jurisdiction and you have questions Commandant Instruction M16475.1D,
necessary, to select regulatory concerning its provisions or options for which guide the Coast Guard in
approaches that maximize net benefits. compliance, please contact the person complying with the National
Executive Order 13771 directs agencies listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42
to control regulatory costs through a CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a
budgeting process. This NPRM has not not retaliate against small entities that preliminary determination that this
been designated a ‘‘significant question or complain about this action is one of a category of actions that

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Document Created: 2018-08-11 00:26:42
Document Modified: 2018-08-11 00:26:42

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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before August 28, 2018.
Contact		If you have questions about this proposed rulemaking, call or email Petty Officer Thomas Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division; telephone 215-271-4814, email [email protected]
FR Citation		83 FR 39937
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 39937 - Safety Zone; Delaware River; Penn's Landing; Philadelphia, PA; Fireworks Display

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 156 (August 13, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard