83_FR_49215 83 FR 49026 - Safety Zone; Delaware River; Penn's Landing; Philadelphia, PA; Fireworks Display

83 FR 49026 - Safety Zone; Delaware River; Penn's Landing; Philadelphia, PA; Fireworks Display

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 189 (September 28, 2018)

Page Range49026-49028
FR Document2018-21203

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 October 19, 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 189 (Friday, September 28, 2018)
[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Proposed Rules]
[Pages 49026-49028]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21203]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0711]
RIN 1625-AA00


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

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 October 19, 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 October 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0711 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 June 18, 2018, a wedding party notified the Coast Guard that it 
will be conducting a fireworks display from 11:15 p.m. to 11:45 p.m. on 
October 19, 2018. The fireworks are to be launched from a barge in the 
Delaware River adjacent to Penn's Landing in Philadelphia, PA. Hazards 
from firework 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 potential 
hazards associated with the fireworks to be used in this display would 
be a safety concern for anyone within a 500-foot radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 500-foot 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 11:00 p.m. 
through 11:59 p.m. on October 19, 2018. The safety zone would cover all 
navigable waters within 500 feet of a fireworks barge in the Delaware 
River adjacent to Penn's Landing in Philadelphia, PA. The barge will be 
anchored in approximate position 39[deg]57'05.26'' N Latitude 
075[deg]08'10.85'' 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 11:15 p.m. to 11:45 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 one hour 
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

[[Page 49027]]

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 do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves a safety zone lasting one hour 
that would prohibit entry within 500 feet 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.T05-0711 to read as follows:


Sec.  165.T05-0711   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-foot radius of the fireworks barge, 
which will be anchored in approximate position 39[deg]57'05.26'' N 
Latitude 075[deg]08'10.85'' 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

[[Page 49028]]

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 the enforcement period.
    (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 11:15 p.m. 
through 11:45 p.m. on October 19, 2018.

K.A. Clarke,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2018-21203 Filed 9-27-18; 8:45 am]
BILLING CODE 9110-04-P



                                                49026                 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules

                                                via VHF–FM channel 16 or by telephone                   2018–0711 using the Federal                           p.m. fireworks display. No vessel or
                                                at 215–271–4807.                                        eRulemaking Portal at http://                         person would be permitted to enter,
                                                   (3) If authorization to enter into,                  www.regulations.gov. See the ‘‘Public                 transit, or remain within the safety zone
                                                remain within, transit through, or                      Participation and Request for                         without obtaining permission from the
                                                anchor in the regulated area is granted,                Comments’’ portion of the                             COTP or a designated representative.
                                                all persons and vessels receiving such                  SUPPLEMENTARY INFORMATION section for                 The regulatory text we are proposing
                                                authorization shall comply with the                     further instructions on submitting                    appears at the end of this document.
                                                instructions of the COTP or the COTP’s                  comments.
                                                                                                                                                              IV. Regulatory Analyses
                                                designated representative.                              FOR FURTHER INFORMATION CONTACT: If
                                                   (4) The Coast Guard will provide                                                                             We developed this proposed rule after
                                                                                                        you have questions about this proposed
                                                notice of the regulated areas by Local                                                                        considering numerous statutes and
                                                                                                        rulemaking, call or email Petty Officer
                                                Notice to Mariners, Broadcast Notice to                                                                       Executive orders related to rulemaking.
                                                                                                        Thomas Welker, U.S. Coast Guard,
                                                Marines, or by on-scene designated                                                                            Below we summarize our analyses
                                                                                                        Sector Delaware Bay, Waterways
                                                representatives.                                        Management Division; telephone 215–                   based on a number of these statutes and
                                                   (d) Enforcement. The U.S. Coast                      271–4814, email Thomas.j.welker@                      Executive orders and we discuss First
                                                Guard may be assisted in the patrol and                 uscg.mil.                                             Amendment rights of protestors.
                                                enforcement of the safety zone by                                                                             A. Regulatory Planning and Review
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                federal, state, and local agencies.
                                                   (e) Enforcement period. This zone                    I. Table of Abbreviations                                Executive Orders 12866 and 13563
                                                will be enforced from approximately 11                                                                        direct agencies to assess the costs and
                                                                                                        CFR Code of Federal Regulations                       benefits of available regulatory
                                                a.m. through 1:30 p.m. on October 20,                   DHS Department of Homeland Security
                                                2018.                                                                                                         alternatives and, if regulation is
                                                                                                        FR Federal Register
                                                                                                        NPRM Notice of proposed rulemaking
                                                                                                                                                              necessary, to select regulatory
                                                K.A. Clarke,                                            § Section                                             approaches that maximize net benefits.
                                                Captain, U.S. Coast Guard, Acting Captain               U.S.C. United States Code                             Executive Order 13771 directs agencies
                                                of the Port Delaware Bay.                                                                                     to control regulatory costs through a
                                                [FR Doc. 2018–21202 Filed 9–27–18; 8:45 am]
                                                                                                        II. Background, Purpose, and Legal                    budgeting process. This NPRM has not
                                                                                                        Basis                                                 been designated a ‘‘significant
                                                BILLING CODE 9110–04–P
                                                                                                           On June 18, 2018, a wedding party                  regulatory action,’’ under Executive
                                                                                                        notified the Coast Guard that it will be              Order 12866. Accordingly, the NPRM
                                                DEPARTMENT OF HOMELAND                                  conducting a fireworks display from                   has not been reviewed by the Office of
                                                SECURITY                                                11:15 p.m. to 11:45 p.m. on October 19,               Management and Budget (OMB), and
                                                                                                        2018. The fireworks are to be launched                pursuant to OMB guidance it is exempt
                                                Coast Guard                                             from a barge in the Delaware River                    from the requirements of Executive
                                                                                                        adjacent to Penn’s Landing in                         Order 13771.
                                                33 CFR Part 165                                         Philadelphia, PA. Hazards from                           This regulatory action determination
                                                [Docket Number USCG–2018–0711]                          firework display include accidental                   is based on the size, location, duration,
                                                                                                        discharge of fireworks, dangerous                     and time-of-day of the safety zone.
                                                RIN 1625–AA00                                           projectiles, and falling hot embers or                Vessel traffic would be able to safely
                                                                                                        other debris. The Captain of the Port                 transit around this safety zone which
                                                Safety Zone; Delaware River; Penn’s                     Delaware Bay (COTP) has determined                    would impact a small designated area of
                                                Landing; Philadelphia, PA; Fireworks                    that potential hazards associated with                the Delaware River for one hour during
                                                Display                                                 the fireworks to be used in this display              the evening when vessel traffic is
                                                AGENCY:   Coast Guard, DHS.                             would be a safety concern for anyone                  normally low. Moreover, the Coast
                                                ACTION:   Notice of proposed rulemaking.                within a 500-foot radius of the barge.                Guard would issue a Broadcast Notice to
                                                                                                           The purpose of this rulemaking is to               Mariners via VHF–FM marine channel
                                                SUMMARY:   The Coast Guard proposes to                  ensure the safety of vessels and the                  16 about the zone, and the rule would
                                                establish a temporary safety zone on a                  navigable waters within a 500-foot                    allow vessels to seek permission to enter
                                                portion of the Delaware River in                        radius of the fireworks barge before,                 the zone.
                                                Philadelphia, PA. This action is                        during, and after the scheduled event.
                                                                                                        The Coast Guard proposes this                         B. Impact on Small Entities
                                                necessary to protect the surrounding
                                                public and vessels on these navigable                   rulemaking under authority in 33 U.S.C.                  The Regulatory Flexibility Act of
                                                waters adjacent to Penn’s Landing,                      1231.                                                 1980, 5 U.S.C. 601–612, as amended,
                                                Philadelphia, PA, during a fireworks                                                                          requires Federal agencies to consider
                                                                                                        III. Discussion of Proposed Rule                      the potential impact of regulations on
                                                display on October 19, 2018. This
                                                proposed rulemaking would prohibit                         The COTP proposes to establish a                   small entities during rulemaking. The
                                                persons and vessels from entering,                      safety zone from 11:00 p.m. through                   term ‘‘small entities’’ comprises small
                                                transiting, or remaining within the                     11:59 p.m. on October 19, 2018. The                   businesses, not-for-profit organizations
                                                safety zone unless authorized by the                    safety zone would cover all navigable                 that are independently owned and
                                                Captain of the Port Delaware Bay or a                   waters within 500 feet of a fireworks                 operated and are not dominant in their
                                                designated representative. We invite                    barge in the Delaware River adjacent to               fields, and governmental jurisdictions
amozie on DSK3GDR082PROD with PROPOSALS1




                                                your comments on this proposed                          Penn’s Landing in Philadelphia, PA.                   with populations of less than 50,000.
                                                rulemaking.                                             The barge will be anchored in                         The Coast Guard certifies under 5 U.S.C.
                                                                                                        approximate position 39°57′05.26″ N                   605(b) that this proposed rule would not
                                                DATES:  Comments and related material                   Latitude 075°08′10.85″ W Longitude.                   have a significant economic impact on
                                                must be received by the Coast Guard on                  The duration of the zone is intended to               a substantial number of small entities.
                                                or before October 5, 2018.                              ensure the safety of vessels and these                   While some owners or operators of
                                                ADDRESSES: You may submit comments                      navigable waters before, during, and                  vessels intending to transit the safety
                                                identified by docket number USCG–                       after the scheduled 11:15 p.m. to 11:45               zone may be small entities, for the


                                           VerDate Sep<11>2014   17:53 Sep 27, 2018   Jkt 244001   PO 00000   Frm 00037   Fmt 4702   Sfmt 4702   E:\FR\FM\28SEP1.SGM   28SEP1


                                                                      Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules                                          49027

                                                reasons stated in section IV.A above,                   E. Unfunded Mandates Reform Act                       document to which each comment
                                                this proposed rule would not have a                        The Unfunded Mandates Reform Act                   applies, and provide a reason for each
                                                significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires                 suggestion or recommendation.
                                                vessel owner or operator.                               Federal agencies to assess the effects of                We encourage you to submit
                                                   If you think that your business,                     their discretionary regulatory actions. In            comments through the Federal
                                                organization, or governmental                           particular, the Act addresses actions                 eRulemaking Portal at http://
                                                jurisdiction qualifies as a small entity                that may result in the expenditure by a               www.regulations.gov. If your material
                                                and that this rule would have a                         State, local, or tribal government, in the            cannot be submitted using http://
                                                significant economic impact on it,                      aggregate, or by the private sector of                www.regulations.gov, contact the person
                                                please submit a comment (see                            $100,000,000 (adjusted for inflation) or              in the FOR FURTHER INFORMATION
                                                ADDRESSES) explaining why you think it                  more in any one year. Though this                     CONTACT section of this document for
                                                qualifies and how and to what degree                    proposed rule would not result in such                alternate instructions.
                                                this rule would economically affect it.                 an expenditure, we do discuss the                        We accept anonymous comments. All
                                                   Under section 213(a) of the Small                    effects of this rule elsewhere in this                comments received will be posted
                                                Business Regulatory Enforcement                         preamble.                                             without change to http://
                                                Fairness Act of 1996 (Pub. L. 104–121),                                                                       www.regulations.gov and will include
                                                                                                        F. Environment                                        any personal information you have
                                                we want to assist small entities in
                                                understanding this proposed rule. If the                  We have analyzed this proposed rule                 provided. For more about privacy and
                                                rule would affect your small business,                  under Department of Homeland                          the docket, visit http://
                                                organization, or governmental                           Security Directive 023–01 and                         www.regulations.gov/privacyNotice.
                                                jurisdiction and you have questions                     Commandant Instruction M16475.1D,                        Documents mentioned in this NPRM
                                                concerning its provisions or options for                which guide the Coast Guard in                        as being available in the docket, and all
                                                compliance, please contact the person                   complying with the National                           public comments, will be in our online
                                                listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                  docket at http://www.regulations.gov
                                                CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a                   and can be viewed by following that
                                                not retaliate against small entities that               preliminary determination that this                   website’s instructions. Additionally, if
                                                question or complain about this                         action is one of a category of actions that           you go to the online docket and sign up
                                                proposed rule or any policy or action of                do not individually or cumulatively                   for email alerts, you will be notified
                                                the Coast Guard.                                        have a significant effect on the human                when comments are posted or a final
                                                                                                        environment. This proposed rule                       rule is published.
                                                C. Collection of Information                            involves a safety zone lasting one hour               List of Subjects in 33 CFR Part 165
                                                  This proposed rule would not call for                 that would prohibit entry within 500
                                                                                                        feet of a fireworks barge. Normally such                Harbors, Marine safety, Navigation
                                                a new collection of information under
                                                                                                        actions are categorically excluded from               (water), Reporting and recordkeeping
                                                the Paperwork Reduction Act of 1995
                                                                                                        further review under paragraph L60(a)                 requirements, Security measures,
                                                (44 U.S.C. 3501–3520).
                                                                                                        of Appendix A, Table 1 of DHS                         Waterways.
                                                D. Federalism and Indian Tribal                         Instruction Manual 023–01–001–01,                       For the reasons discussed in the
                                                Governments                                             Rev. 01. A preliminary Record of                      preamble, the Coast Guard proposes to
                                                   A rule has implications for federalism               Environmental Consideration                           amend 33 CFR part 165 as follows:
                                                under Executive Order 13132,                            supporting this determination is
                                                                                                        available in the docket where indicated               PART 165—REGULATED NAVIGATION
                                                Federalism, if it has a substantial direct
                                                                                                        under ADDRESSES. We seek any                          AREAS AND LIMITED ACCESS AREAS
                                                effect on the States, on the relationship
                                                between the national government and                     comments or information that may lead
                                                                                                        to the discovery of a significant                     ■ 1. The authority citation for part 165
                                                the States, or on the distribution of                                                                         continues to read as follows:
                                                power and responsibilities among the                    environmental impact from this
                                                various levels of government. We have                   proposed rule.                                          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;
                                                analyzed this proposed rule under that                  G. Protest Activities                                 Department of Homeland Security Delegation
                                                Order and have determined that it is                      The Coast Guard respects the First                  No. 0170.1.
                                                consistent with the fundamental                         Amendment rights of protesters.
                                                federalism principles and preemption                                                                          ■ 2. Add § 165.T05–0711 to read as
                                                                                                        Protesters are asked to contact the                   follows:
                                                requirements described in Executive                     person listed in the FOR FURTHER
                                                Order 13132.                                            INFORMATION CONTACT section to                        § 165.T05–0711 Safety Zone; Safety Zone;
                                                   Also, this proposed rule does not have               coordinate protest activities so that your            Delaware River; Penn’s Landing;
                                                tribal implications under Executive                     message can be received without                       Philadelphia, PA; Fireworks Display.
                                                Order 13175, Consultation and                           jeopardizing the safety or security of                   (a) Location. The following area is a
                                                Coordination with Indian Tribal                         people, places, or vessels.                           safety zone: All waters of the Delaware
                                                Governments, because it would not have                                                                        River within a 500-foot radius of the
                                                a substantial direct effect on one or                   V. Public Participation and Request for               fireworks barge, which will be anchored
                                                more Indian tribes, on the relationship                 Comments                                              in approximate position 39°57′05.26″ N
                                                between the Federal Government and                        We view public participation as                     Latitude 075°08′10.85″ W Longitude. All
amozie on DSK3GDR082PROD with PROPOSALS1




                                                Indian tribes, or on the distribution of                essential to effective rulemaking, and                coordinates are based on Datum NAD
                                                power and responsibilities between the                  will consider all comments and material               1983.
                                                Federal Government and Indian tribes.                   received during the comment period.                      (b) Definitions. As used in this
                                                If you believe this proposed rule has                   Your comment can help shape the                       section, designated representative
                                                implications for federalism or Indian                   outcome of this rulemaking. If you                    means a Coast Guard Patrol
                                                tribes, please contact the person listed                submit a comment, please include the                  Commander, including a Coast Guard
                                                in the FOR FURTHER INFORMATION                          docket number for this rulemaking,                    petty officer, warrant or commissioned
                                                CONTACT section.                                        indicate the specific section of this                 officer on board a Coast Guard vessel or


                                           VerDate Sep<11>2014   17:53 Sep 27, 2018   Jkt 244001   PO 00000   Frm 00038   Fmt 4702   Sfmt 4702   E:\FR\FM\28SEP1.SGM   28SEP1


                                                49028                       Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Proposed Rules

                                                on board a federal, state, or local law                               DEPARTMENT OF HOMELAND                                             I. Table of Abbreviations
                                                enforcement vessel assisting the Captain                              SECURITY                                                           CFR Code of Federal Regulations
                                                of the Port, Delaware Bay in the                                                                                                         DHS Department of Homeland Security
                                                enforcement of the safety zone.                                       Coast Guard                                                        FR Federal Register
                                                  (c) Regulations. (1) Under the general                                                                                                 NPRM Notice of proposed rulemaking
                                                                                                                      33 CFR Part 165                                                    § Section
                                                safety zone regulations in subpart C of                                                                                                  U.S.C. United States Code
                                                this part—(a) you may not enter the                                   [Docket Number USCG–2018–0868]
                                                safety zone described in paragraph (a) of                                                                                                II. Background, Purpose, and Legal
                                                                                                                      RIN 1625–AA00                                                      Basis
                                                this section unless authorized by the
                                                COTP or the COTP’s designated                                         Safety Zone; Annual Fireworks                                         Our regulation for safety zones for
                                                representative; and (b) all persons and                               Displays Within the Sector Columbia                                fireworks displays in Captain of the Port
                                                vessels in the safety zone must comply                                River Captain of the Port Zone                                     Zone Columbia River, 33 CFR 165.1315,
                                                with all lawful orders or directions                                                                                                     was revised (82 FR 28556, June 23,
                                                given to them by the COTP or the                                      AGENCY:     Coast Guard, DHS.                                      2017) in 2017. This proposed rule
                                                COTP’s designated representative.                                     ACTION:     Notice of proposed rulemaking.                         would remove 10 safety zones for
                                                  (2) To request permission to enter the                                                                                                 inactive fireworks displays, add 1 safety
                                                                                                                      SUMMARY:   The Coast Guard proposes to                             zone for a new, recurring fireworks
                                                safety zone, contact the COTP or the                                  amend the regulations establishing
                                                COTP’s representative on marine band                                                                                                     display that was previously published
                                                                                                                      safety zones for annual fireworks                                  as a temporary safety zone, and update
                                                radio VHF–FM channel 16 (156.8 MHz)                                   displays in the Captain of the Port Zone                           the date or location for 3 existing
                                                or 215–271–4807.                                                      Columbia River. This action would                                  fireworks displays. The purpose of this
                                                  (3) No vessel may take on bunkers or                                include updating 3 existing safety                                 revision would provide the public
                                                conduct lightering operations within the                              zones, adding 1 safety zone for a                                  accurate information regarding safety
                                                safety zone during the enforcement                                    fireworks display that was previously                              zones for annual fireworks displays in
                                                period.                                                               published under a temporary regulation,                            Captain of the Port Zone Columbia
                                                                                                                      and removing 10 safety zones for                                   River.
                                                  (4) This section applies to all vessels                             inactive fireworks displays. We invite
                                                except those engaged in law                                                                                                                 The Coast Guard proposes this
                                                                                                                      your comments on this proposed                                     rulemaking under authority in 33 U.S.C.
                                                enforcement, aids to navigation                                       rulemaking.
                                                servicing, and emergency response                                                                                                        1231. The Captain of the Port Sector
                                                operations.                                                           DATES:  Comments and related material                              Columbia River has determined that
                                                                                                                      must be received by the Coast Guard on                             fireworks displays create hazardous
                                                  (d) Enforcement. The U.S. Coast                                     or before October 29, 2018.                                        conditions for the maritime public
                                                Guard may be assisted in the patrol and                                                                                                  because of the large number of vessels
                                                                                                                      ADDRESSES: You may submit comments
                                                enforcement of the safety zone by                                                                                                        near the displays, as well as the noise,
                                                                                                                      identified by docket number USCG–
                                                federal, state, and local agencies.                                   2018–0868 using the Federal                                        falling debris, and explosions that occur
                                                  (e) Enforcement period. This zone                                   eRulemaking Portal at http://                                      during the event. Because firework
                                                will be enforced from 11:15 p.m.                                      www.regulations.gov. See the ‘‘Public                              discharge sites pose a potential hazard
                                                through 11:45 p.m. on October 19, 2018.                               Participation and Request for                                      to the maritime public, these safety
                                                                                                                      Comments’’ portion of the                                          zones are necessary in restricting vessel
                                                K.A. Clarke,                                                                                                                             movement and to reduce vessel
                                                                                                                      SUPPLEMENTARY INFORMATION section for
                                                Captain, U.S. Coast Guard, Acting Captain                             further instructions on submitting                                 congregation in the proximity of the
                                                of the Port Delaware Bay.                                             comments.                                                          firework discharge sites.
                                                [FR Doc. 2018–21203 Filed 9–27–18; 8:45 am]
                                                                                                                      FOR FURTHER INFORMATION CONTACT:    If                             III. Discussion of Proposed Rule
                                                BILLING CODE 9110–04–P
                                                                                                                      you have questions about this proposed                                The Coast Guard proposes to remove
                                                                                                                      rulemaking, call or email LCDR Dixon                               10 fireworks display safety zones in 33
                                                                                                                      Whitley, Waterways Management                                      CFR 165.1315 that are listed in Table 1
                                                                                                                      Division, Marine Safety Unit Portland,                             below because the Coast Guard has not
                                                                                                                      Coast Guard; telephone 503–240–9319,                               received an application to conduct these
                                                                                                                      email msupdxwwm@uscg.mil.                                          fireworks displays within the past 3
                                                                                                                      SUPPLEMENTARY INFORMATION:                                         years.

                                                                              TABLE 1—LIST OF SAFETY ZONE WE PROPOSE TO REMOVE FROM 33 CFR 165.1315
                                                Cinco de Mayo Fireworks .................................             Portland, OR .........................    One   day   in   May ....................    45°30′58″   N   122°40′12″   W
                                                Newport High School Graduation Fireworks ....                         Newport, OR .........................     One   day   in   June ...................    44°36′48″   N   124°04′10″   W
                                                Celebrate Milwaukie .........................................         Milwaukie, OR ......................      One   day   in   July ....................   45°26′33″   N   122°38′44″   W
                                                Arlington 4th of July ..........................................      Arlington, OR ........................    One   day   in   July ....................   45°43′23″   N   120°12′11″   W
                                                East County 4th of July Fireworks ...................                 Gresham, OR .......................       One   day   in   July ....................   45°33′32″   N   122°27′10″   W
                                                Rufus 4th of July Fireworks ..............................            Rufus, OR .............................   One   day   in   July ....................   45°41′39″   N   120°45′16″   W
amozie on DSK3GDR082PROD with PROPOSALS1




                                                Maritime Heritage Festival ................................           St. Helens, OR .....................      One   day   in   July ....................   45°51′54″   N   122°47′26″   W
                                                Lynch Picnic ......................................................   West Linn, OR ......................      One   day   in   July ....................   45°23′37″   N   122°37′52″   W
                                                First Friday Milwaukie .......................................        Milwaukie, OR ......................      One   day   in   September .........         45°26′33″   N   122°38′44″   W
                                                Willamette Falls Heritage Festival ....................               Oregon City, OR ...................       One   day   in   October ..............      45°21′44″   N   122°36′21″   W



                                                  Additionally, the Coast Guard                                       safety zone. This safety zone was                                  zone (83 FR 30869, July 2, 2018), and
                                                proposes to add a new fireworks display                               previously listed as a temporary safety                            after conferring with the event sponsor,


                                           VerDate Sep<11>2014       17:53 Sep 27, 2018        Jkt 244001     PO 00000      Frm 00039     Fmt 4702     Sfmt 4702   E:\FR\FM\28SEP1.SGM             28SEP1



Document Created: 2018-09-28 01:23:02
Document Modified: 2018-09-28 01:23:02
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 October 5, 2018.
ContactIf 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 Citation83 FR 49026 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR