83 FR 47852 - Safety Zone; Penn's Landing Fireworks, Delaware River, Philadelphia PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 184 (September 21, 2018)

Page Range		47852-47855
FR Document		2018-20572

The Coast Guard proposes to amend the existing recurring fireworks safety zone on the Delaware River adjacent to Penn's Landing in Philadelphia, Pennsylvania. The amendment would allow the Coast Guard to enforce the safety zone at this location throughout the entire year. The Coast Guard would notify the public of upcoming enforcement of the zone through publication of a Notice of Enforcement in the Federal Register and Broadcast Notice to Mariners. This change would expedite public notification of events at the location and ensure the protection of the maritime public and event participants from the hazards associated with fireworks displays in the Delaware River adjacent to Penn's Landing. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)

[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Proposed Rules]
[Pages 47852-47855]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-20572]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0371]
RIN 1625-AA00

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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the existing recurring
fireworks safety zone on the Delaware River adjacent to Penn's Landing
in Philadelphia, Pennsylvania. The amendment would allow the Coast
Guard to enforce the safety zone at this location throughout the entire
year. The Coast Guard would notify the public of upcoming enforcement
of the zone through publication of a Notice of Enforcement in the
Federal Register and Broadcast Notice to Mariners. This change would
expedite public notification of events at the location and ensure the
protection of the maritime public and event participants from the
hazards associated with fireworks displays in the Delaware River
adjacent to Penn's Landing. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before October 22, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0371 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

[[Page 47853]]

further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Edmund Ofalt, Sector
Delaware Bay, Waterways Management Division, U.S. Coast Guard;
telephone 215-271-4814, email Edmund.J.Ofalt@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

The Coast Guard routinely receives requests for fireworks displays
in the Delaware River Adjacent to Penn's Landing in Philadelphia,
Pennsylvania. As a result, the Coast Guard previously issued a rule
creating a recurring safety zone location for this location, listed as
entry (a)16 in the table to 33 CFR 165.506. That regulation lists
possible days of anticipated enforcement as July 2nd, 3rd, 4th, or 5th;
Columbus Day; December 31st, and January 1st. In recent years, however,
the number of firework events at this location has significantly
increased. To date in the year 2018 there have been 9 requests for
fireworks events at this location--many more than the anticipated
number of approximately 3 events covered by the current regulation. The
additional requests fall outside the enforcement dates listed in the
CFR. As a result, the Coast Guard had to issue numerous temporary
safety zones to cover the additional events that fall outside of the
coverage of the current regulation. The rules creating these temporary
safety zones are generally not preceded by notice of proposed
rulemaking due to the short lead-time often provided to the Coast
Guard.
The Coast Guard proposes to revise the safety zone for the Penn's
Landing location to allow the agency to enforce the safety zone at
Penn's Landing anytime from January through December each year during
times when a fireworks show is taking place. The purpose of this
rulemaking is to ensure the safety of vessels on the navigable waters
near the fireworks barge before, during, and after the scheduled event.
Hazards from firework displays include accidental discharge of
fireworks, dangerous projectiles and falling hot embers or other
debris.
The Coast Guard proposes this rulemaking under authority in 33
U.S.C. 1231.

III. Discussion of Proposed Rule

The COTP proposes to revise its recurring fireworks safety zone
near Penn's Landing, listed as entry (a)16 in the table to 33 CFR
165.506. Although this safety zone would be January through December
each year, enforcement of the safety zone would only be conducted for
short periods of time before, during and after fireworks shows at this
location. In order to promote clarity, Penn's Landing has been added to
the location column of the proposed revised regulatory text. The column
defining the boundaries of the regulated area has also been updated to
improve clarity and more efficiently define the regulated area. The
revised safety zone would cover all navigable waters of the Delaware
River within 500 yards of a fireworks barge located at latitude
39[deg]56'49'' N, longitude 075[deg]08'11'' W, adjacent to Penn's
Landing, Philadelphia, Pennsylvania.
The requirements of 33 CFR 165.506(a) would still apply. 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. Only a small,
designated area of the Delaware River will be impacted during
enforcement. Consistent with the current regulatory text found in 33
CFR 165.506(d), the default time period this zone will be enforced
during each activation is between 5:30 p.m. to 1 a.m. That regulation,
however, allows for modifications in this timeframe. In practice, the
zone is typically activated with only a two-hour enforcement time
period. During the evening, when enforcement is occurring, commercial
and recreational traffic is normally low. Notification of enforcement
dates and times will be made, at a minimum, to the maritime community
via Notice of Enforcement published in the Federal Register, Broadcast
Notice to Mariners, and actual notice will be provided via on-scene
enforcement vessels. Notifications will be updated as necessary, to
keep the maritime community informed of the status of the safety zone.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

[[Page 47854]]

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

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

G. Protest Activities

The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to 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. Amend Sec. 165.506 by revising entry (a)16 in Table to Sec.
165.506 to read as follows:

Sec. 165.506 Safety Zones; Fireworks Displays in the Fifth Coast
Guard District.

* * * * *

Table to Sec. 165.506
------------------------------------------------------------------------

------------------------------------------------------------------------
(a) Coast Guard Sector Delaware Bay--COTP Zone
------------------------------------------------------------------------

* * * * * * *
16 January 1st-December 31st: Penn's Landing, All waters of
Any day specified by Notice Delaware River, Delaware River,
of Enforcement published in Philadelphia PA; adjacent to Penn's
the Federal Register and Safety Zone. Landing,
broadcast via Broadcast Philadelphia, PA,
Notice to Mariners. within 500 yards of
a fireworks barge at
approximate position
latitude
39[deg]56'49'' N,
longitude
075[deg]08'11'' W.

* * * * * * *
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[[Page 47855]]

Dated: September 18, 2018.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-20572 Filed 9-20-18; 8:45 am]
BILLING CODE 9110-04-P

47852 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules

lead to reduced structural integrity of the approved by the Manager, International 2018–0146, dated July 12, 2018, for related
fuselage. Section, Transport Standards Branch, FAA; information. This MCAI may be found in the
or EASA; or Airbus SAS’s EASA DOA AD docket on the internet at http://
(f) Compliance indicates otherwise. www.regulations.gov by searching for and
Comply with this AD within the locating Docket No. FAA–2018–0800.
compliance times specified, unless already (i) No Reporting Requirement
(2) For more information about this AD,
done. Although A330–53–3215, R3, specifies to contact Vladimir Ulyanov, Aerospace
submit certain information to the Engineer, International Section, Transport
(g) Compliance Times for the Actions
manufacturer, and specifies that action as RC, Standards Branch, FAA, 2200 South 216th
Required by Paragraph (h) of This AD
this AD does not include that requirement. St., Des Moines, WA 98198; telephone and
Accomplish the actions required by fax: 206–231–3229.
paragraph (h) of this AD before exceeding the (j) Credit for Previous Actions
compliance time ‘‘threshold’’ defined in This paragraph provides credit for the Issued in Des Moines, Washington, on
paragraph 1.E., ‘‘Compliance,’’ of Airbus inspections required by the introductory text September 11, 2018.
Service Bulletin A330–53–3215, Revision 03, of paragraph (h) of this AD and the related Michael Kaszycki,
dated January 22, 2018 (‘‘A330–53–3215, investigative and corrective actions required Acting Director, System Oversight Division,
R3’’), depending on airplane utilization and by paragraph (h)(1) of this AD, if those Aircraft Certification Service.
configuration and to be counted from actions were performed before the effective
[FR Doc. 2018–20360 Filed 9–20–18; 8:45 am]
airplane first flight, and, thereafter, at date of this AD, using Airbus Service Bulletin
intervals not to exceed the compliance times A330–53–3215, dated June 21, 2013; or BILLING CODE 4910–13–P
defined in paragraph 1.E., ‘‘Compliance,’’ of Revision 01, dated April 17, 2014; or
A330–53–3215, R3, depending on airplane Revision 02, dated November 23, 2016.
utilization and configuration. DEPARTMENT OF HOMELAND
(k) Other FAA AD Provisions
(h) Repetitive Inspections and Related The following provisions also apply to this SECURITY
Investigative and Corrective Actions AD:
At the applicable compliance times (1) Alternative Methods of Compliance Coast Guard
specified in paragraph (g) of this AD: (AMOCs): The Manager, International
Accomplish a special detailed inspection of Section, Transport Standards Branch, FAA, 33 CFR Part 165
the 10 fastener holes located at FR40 lower has the authority to approve AMOCs for this
shell panel junction on both LH and RH AD, if requested using the procedures found [Docket Number USCG–2018–0371]
sides, in accordance with the in 14 CFR 39.19. In accordance with 14 CFR RIN 1625–AA00
Accomplishment Instructions of A330–53– 39.19, send your request to your principal
3215, R3. inspector or local Flight Standards District Safety Zone; Penn’s Landing
(1) If, during any inspection required by Office, as appropriate. If sending information
the introductory text of paragraph (h) of this
Fireworks, Delaware River,
directly to the International Section, send it
AD, any crack is detected, before further to the attention of the person identified in Philadelphia PA
flight, accomplish all applicable related paragraph (l)(2) of this AD. Information may AGENCY: Coast Guard, DHS.
investigative and corrective actions, in be emailed to: 9-ANM-116-AMOC-
accordance with the Accomplishment REQUESTS@faa.gov. Before using any ACTION: Notice of proposed rulemaking.
Instructions of A330–53–3215, R3, except approved AMOC, notify your appropriate
where A330–53–3215, R3 specifies to contact principal inspector, or lacking a principal SUMMARY: The Coast Guard proposes to
Airbus for repair instructions, and specifies inspector, the manager of the local flight amend the existing recurring fireworks
that action as Required for Compliance (RC), standards district office/certificate holding safety zone on the Delaware River
this AD requires repair before further flight district office. adjacent to Penn’s Landing in
using a method approved by the Manager, (2) Contacting the Manufacturer: As of the Philadelphia, Pennsylvania. The
International Section, Transport Standards effective date of this AD, for any requirement amendment would allow the Coast
Branch, FAA; or European Aviation Safety in this AD to obtain corrective actions from Guard to enforce the safety zone at this
Agency (EASA); or Airbus SAS’s EASA a manufacturer, the action must be
Design Organization Approval (DOA). If accomplished using a method approved by location throughout the entire year. The
approved by the DOA, the approval must the Manager, International Section, Transport Coast Guard would notify the public of
include the DOA-authorized signature. Standards Branch, FAA; or EASA; or Airbus upcoming enforcement of the zone
(2) If, during any inspection required by SAS’s EASA DOA. If approved by the DOA, through publication of a Notice of
the introductory text of paragraph (h) of this the approval must include the DOA- Enforcement in the Federal Register and
AD, the diameter of a fastener hole is found authorized signature. Broadcast Notice to Mariners. This
to be outside the tolerances of the transition (3) Required for Compliance (RC): Except change would expedite public
fit as specified in A330–53–3215, R3, as as specified by paragraphs (g), (h)(1), (h)(2), notification of events at the location and
applicable; and A330–53–3215, R3; specifies and (i) of this AD: If any service information
to contact Airbus for repair instructions, and contains procedures or tests that are
ensure the protection of the maritime
specifies that action as ‘‘RC,’’ before further identified as RC, those procedures and tests public and event participants from the
flight, repair using a method approved by the must be done to comply with this AD; any hazards associated with fireworks
Manager, International Section, Transport procedures or tests that are not identified as displays in the Delaware River adjacent
Standards Branch, FAA; or EASA; or Airbus RC are recommended. Those procedures and to Penn’s Landing. We invite your
SAS’s EASA DOA. If approved by the DOA, tests that are not identified as RC may be comments on this proposed rulemaking.
the approval must include the DOA- deviated from using accepted methods in
DATES: Comments and related material
authorized signature. accordance with the operator’s maintenance
(3) Accomplishment of corrective actions, or inspection program without obtaining must be received by the Coast Guard on
as required by paragraph (h)(1) of this AD, approval of an AMOC, provided the or before October 22, 2018.
daltland on DSKBBV9HB2PROD with PROPOSALS

does not constitute terminating action for the procedures and tests identified as RC can be ADDRESSES: You may submit comments
repetitive inspections required by the done and the airplane can be put back in an identified by docket number USCG–
introductory text of paragraph (h) of this AD. airworthy condition. Any substitutions or 2018–0371 using the Federal
(4) Accomplishment of a repair on an changes to procedures or tests identified as
airplane, as required by paragraph (h)(2) of
eRulemaking Portal at http://
RC require approval of an AMOC.
this AD, does not constitute terminating www.regulations.gov. See the ‘‘Public
action for the repetitive inspections required (l) Related Information Participation and Request for
by the introductory text of paragraph (h) of (1) Refer to Mandatory Continuing Comments’’ portion of the
this AD for that airplane, unless the method Airworthiness Information (MCAI) EASA AD SUPPLEMENTARY INFORMATION section for

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Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules 47853

further instructions on submitting The Coast Guard proposes this activation is between 5:30 p.m. to 1 a.m.
comments. rulemaking under authority in 33 U.S.C. That regulation, however, allows for
1231. modifications in this timeframe. In
FOR FURTHER INFORMATION CONTACT: If
practice, the zone is typically activated
you have questions about this proposed III. Discussion of Proposed Rule
with only a two-hour enforcement time
rulemaking, call or email Petty Officer The COTP proposes to revise its period. During the evening, when
Edmund Ofalt, Sector Delaware Bay, recurring fireworks safety zone near enforcement is occurring, commercial
Waterways Management Division, U.S. Penn’s Landing, listed as entry (a)16 in and recreational traffic is normally low.
Coast Guard; telephone 215–271–4814, the table to 33 CFR 165.506. Although Notification of enforcement dates and
email Edmund.J.Ofalt@uscg.mil. this safety zone would be January times will be made, at a minimum, to
SUPPLEMENTARY INFORMATION: through December each year, the maritime community via Notice of
enforcement of the safety zone would Enforcement published in the Federal
I. Table of Abbreviations
only be conducted for short periods of Register, Broadcast Notice to Mariners,
CFR Code of Federal Regulations time before, during and after fireworks and actual notice will be provided via
COTP Captain of the Port shows at this location. In order to on-scene enforcement vessels.
DHS Department of Homeland Security promote clarity, Penn’s Landing has
FR Federal Register
Notifications will be updated as
been added to the location column of necessary, to keep the maritime
NPRM Notice of proposed rulemaking
§ Section
the proposed revised regulatory text. community informed of the status of the
U.S.C. United States Code The column defining the boundaries of safety zone.
the regulated area has also been updated
II. Background, Purpose, and Legal to improve clarity and more efficiently B. Impact on Small Entities
Basis define the regulated area. The revised The Regulatory Flexibility Act of
The Coast Guard routinely receives safety zone would cover all navigable 1980, 5 U.S.C. 601–612, as amended,
requests for fireworks displays in the waters of the Delaware River within 500 requires Federal agencies to consider
Delaware River Adjacent to Penn’s yards of a fireworks barge located at the potential impact of regulations on
Landing in Philadelphia, Pennsylvania. latitude 39°56′49″ N, longitude small entities during rulemaking. The
As a result, the Coast Guard previously 075°08′11″ W, adjacent to Penn’s term ‘‘small entities’’ comprises small
issued a rule creating a recurring safety Landing, Philadelphia, Pennsylvania. businesses, not-for-profit organizations
zone location for this location, listed as The requirements of 33 CFR that are independently owned and
entry (a)16 in the table to 33 CFR 165.506(a) would still apply. The operated and are not dominant in their
165.506. That regulation lists possible regulatory text we are proposing appears fields, and governmental jurisdictions
days of anticipated enforcement as July at the end of this document. with populations of less than 50,000.
2nd, 3rd, 4th, or 5th; Columbus Day; IV. Regulatory Analyses The Coast Guard certifies under 5 U.S.C.
December 31st, and January 1st. In 605(b) that this proposed rule would not
We developed this proposed rule after
recent years, however, the number of have a significant economic impact on
considering numerous statutes and
firework events at this location has a substantial number of small entities.
Executive orders related to rulemaking.
significantly increased. To date in the Below we summarize our analyses While some owners or operators of
year 2018 there have been 9 requests for based on a number of these statutes and vessels intending to transit the safety
fireworks events at this location—many Executive orders and we discuss First zone may be small entities, for the
more than the anticipated number of Amendment rights of protestors. reasons stated in section IV.A above,
approximately 3 events covered by the this proposed rule would not have a
current regulation. The additional A. Regulatory Planning and Review significant economic impact on any
requests fall outside the enforcement Executive Orders 12866 and 13563 vessel owner or operator.
dates listed in the CFR. As a result, the direct agencies to assess the costs and If you think that your business,
Coast Guard had to issue numerous benefits of available regulatory organization, or governmental
temporary safety zones to cover the alternatives and, if regulation is jurisdiction qualifies as a small entity
additional events that fall outside of the necessary, to select regulatory and that this rule would have a
coverage of the current regulation. The approaches that maximize net benefits. significant economic impact on it,
rules creating these temporary safety Executive Order 13771 directs agencies please submit a comment (see
zones are generally not preceded by to control regulatory costs through a ADDRESSES) explaining why you think it
notice of proposed rulemaking due to budgeting process. This NPRM has not qualifies and how and to what degree
the short lead-time often provided to the been designated a ‘‘significant this rule would economically affect it.
Coast Guard. regulatory action,’’ under Executive Under section 213(a) of the Small
The Coast Guard proposes to revise Order 12866. Accordingly, the NPRM Business Regulatory Enforcement
the safety zone for the Penn’s Landing has not been reviewed by the Office of Fairness Act of 1996 (Pub. L. 104–121),
location to allow the agency to enforce Management and Budget (OMB), and we want to assist small entities in
the safety zone at Penn’s Landing pursuant to OMB guidance it is exempt understanding this proposed rule. If the
anytime from January through December from the requirements of Executive rule would affect your small business,
each year during times when a fireworks Order 13771. organization, or governmental
show is taking place. The purpose of This regulatory action determination jurisdiction and you have questions
daltland on DSKBBV9HB2PROD with PROPOSALS

this rulemaking is to ensure the safety is based on the size, location, duration concerning its provisions or options for
of vessels on the navigable waters near and time of day of the safety zone. Only compliance, please contact the person
the fireworks barge before, during, and a small, designated area of the Delaware listed in the FOR FURTHER INFORMATION
after the scheduled event. Hazards from River will be impacted during CONTACT section. The Coast Guard will
firework displays include accidental enforcement. Consistent with the not retaliate against small entities that
discharge of fireworks, dangerous current regulatory text found in 33 CFR question or complain about this
projectiles and falling hot embers or 165.506(d), the default time period this proposed rule or any policy or action of
other debris. zone will be enforced during each the Coast Guard.

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Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules 47855

Dated: September 18, 2018. FOR FURTHER INFORMATION CONTACT: internal consistency and to adopt
Scott E. Anderson, D. Brad Akers, Air Regulatory changes for consistency with EPA’s
Captain, U.S. Coast Guard, Captain of the Management Section, Air Planning and 2016 permit rescission rule entitled
Port Delaware Bay. Implementation Branch, Air, Pesticides ‘‘Rescission of Preconstruction Permits
[FR Doc. 2018–20572 Filed 9–20–18; 8:45 am] and Toxics Management Division, U.S. Issued Under the Clean Air Act’’ Final
BILLING CODE 9110–04–P Environmental Protection Agency, Rule, 81 FR 78043 (November 7, 2016)
Region 4, 61 Forsyth Street SW, Atlanta, (hereinafter referred to as the Permit
Georgia 30303–8960. Mr. Akers can be Rescission Rule).
ENVIRONMENTAL PROTECTION reached via telephone at (404) 562–9089
II. Background
AGENCY or via electronic mail at akers.brad@
epa.gov. This proposed action seeks to revise
40 CFR Part 52 South Carolina’s PSD regulations in the
SUPPLEMENTARY INFORMATION:
SIP as described in Section III, below.
[EPA–R04–OAR–2018–0073; FRL–9984– I. What action is EPA taking today? Many of these changes are
11—Region 4] administrative in nature, including
On September 5, 2017, SC DHEC
Air Plan Approval; South Carolina: submitted a SIP revision to EPA for updating internal references and
Revisions to Prevention of Significant approval that involves changes to South correcting typographical errors. The
Deterioration Rules Carolina’s NSR permitting regulations to September 5, 2017, SIP revision also
make them consistent with federal makes changes to the PSD regulations to
AGENCY: Environmental Protection requirements for NSR permitting, adopt corrective provisions from EPA’s
Agency (EPA). correct typographical errors, make Permit Rescission Rule.
ACTION: Proposed rule. internal references consistent, and On November 7, 2016, EPA published
update public noticing procedures.1 the Permit Rescission Rule, which
SUMMARY: The Environmental Protection addressed the rescission of
Agency (EPA) is proposing to approve These changes include revisions to NSR
public notice requirements in SC DHEC preconstruction permits for PSD. The
portions of a State Implementation Plan rule made the following changes to the
(SIP) revision submitted by the State of Regulation 61–62.5, Standard No. 7—
‘‘Prevention of Significant Deterioration Agency’s PSD rule at 40 CFR 52.21: (1)
South Carolina, through the South Removed a date restriction that only
Carolina Department of Health and (PSD) at sections (q) and (w)(4) to
address the federal rule entitled allowed the rescission of PSD permits
Environmental Control (SC DHEC), on issued under PSD rules in effect as of
September 5, 2017, that seek to revise ‘‘Revisions to Public Notice Provisions
in Clean Air Act Permitting Programs,’’ July 30, 1987; (2) clarified that permit
certain New Source Review (NSR) rescission is not automatic; and (3)
regulations regarding the Prevention of Final Rule, 81 FR 71613 (October 18,
2016) (also referred to as the e-Notice corrected an outdated cross-reference.
Significant Deterioration (PSD) EPA removed the July 30, 1987 date
permitting program. EPA is proposing Rule). In this proposed action, EPA is
approving the SIP revision that makes restriction from the federal rule because
this action pursuant to the Clean Air Act there are circumstances where it may be
(CAA or Act). changes to South Carolina’s NSR
regulations at SC DHEC Regulation 61– appropriate to rescind PSD permits
DATES: Comments must be received on issued under rules in effect after this
62.5, Standard No. 7 which applies to
or before October 22, 2018. date pursuant to the criteria in 40 CFR
the construction or modification of any
ADDRESSES: Submit your comments, major stationary source in areas 52.21(w)(3) of the Permit Rescission
identified by Docket ID No. EPA–R04– designated as attainment or Rule. For additional information on
OAR–2018–0073 at http:// unclassifiable as required by part C of provisions in the Permit Rescission
www.regulations.gov. Follow the online title I of the CAA, with the exception of Rule, see 81 FR 78043 (November 7,
instructions for submitting comments. the portions of the SIP revision related 2016).
Once submitted, comments cannot be to the e-Notice Rule. EPA has addressed III. Analysis of the State’s September 5,
edited or removed from Regulations.gov. the e-notice portions of the SIP revision 2017, Submittal
EPA may publish any comment received in a separate proposed action. See 83 FR
to its public docket. Do not submit The September 5, 2017, SIP revision
39638 (August 10, 2018). makes several changes to Regulation 61–
electronically any information you South Carolina’s PSD regulations at
consider to be Confidential Business 62.5, Standard No. 7 at section (w)—
Regulation 61–62.5, Standard No. 7,
Information (CBI) or other information entitled ‘‘Permit rescission’’—to be
were originally approved into the SIP on
whose disclosure is restricted by statute. consistent with the federal provisions
June 10, 1982 (47 FR 6017), with
Multimedia submissions (audio, video, for rescinding PSD permits.2 Paragraph
periodic revisions approved through
etc.) must be accompanied by a written (w)(1) currently states that PSD permits
August 10, 2017 (82 FR 37299). EPA is
comment. The written comment is issued pursuant to Standard No. 7
proposing to approve changes submitted
considered the official comment and remain in effect until they expire or are
in South Carolina’s September 5, 2017,
should include discussion of all points rescinded. This subparagraph is revised
SIP revision to modify the PSD
you wish to make. EPA will generally in South Carolina’s submittal to clarify
regulations to make minor edits for
not consider comments or comment that section (w) is the only provision
contents located outside of the primary 1 Also on September 5, 2017, South Carolina
under which permit rescission is
submission (i.e., on the web, cloud, or submitted separate SIP revisions with: Changes to allowed. Next, paragraph (w)(2) is
daltland on DSKBBV9HB2PROD with PROPOSALS

other file sharing system). For Regulation 61–62.1, Section I—‘‘Definitions’’ and revised to remove the date restriction
Regulation 61–62.5, Standard No. 5.2—‘‘Control of discussed in Section II, above, that
additional submission methods, the full Oxides of Nitrogen (NOX);’’ the adoption of
EPA public comment policy, Regulation 61–62.97—‘‘Cross State Air Pollution
limits rescission to PSD permits issued
information about CBI or multimedia Rule (CSAPR) Trading Program;’’ and changes to
submissions, and general guidance on the regional haze SIP. The SIP revision related to 2 South Carolina also revised 61–62.5, Standard

Regulation 61–62.97 (CSAPR) was previously No. 7 at paragraph (w)(4) to address EPA’s eNotice
making effective comments, please visit approved on October 13, 2017 (82 FR 47939). EPA Rule. As discussed above, EPA proposed to approve
http://www2.epa.gov/dockets/ will address the remaining SIP revisions in separate this change in a separate proposed action. See 83
commenting-epa-dockets. actions. FR 39638 (August 10, 2018).

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Document Created: 2018-09-21 00:23:54
Document Modified: 2018-09-21 00:23:54

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 October 22, 2018.
Contact		If you have questions about this proposed rulemaking, call or email Petty Officer Edmund Ofalt, Sector Delaware Bay, Waterways Management Division, U.S. Coast Guard; telephone 215-271-4814, email [email protected]
FR Citation		83 FR 47852
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 47852 - Safety Zone; Penn's Landing Fireworks, Delaware River, Philadelphia PA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 184 (September 21, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard