83_FR_53403 83 FR 53199 - Safety Zone; Delaware River; Camden, NJ; Fireworks Display

83 FR 53199 - Safety Zone; Delaware River; Camden, NJ; Fireworks Display

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 204 (October 22, 2018)

Page Range53199-53201
FR Document2018-22911

The Coast Guard proposes to establish a temporary safety zone on a portion of the Delaware River in Camden, NJ. This action is necessary to protect the surrounding public and vessels on these navigable waters adjacent to the Battleship New Jersey Museum and Memorial, Camden, NJ, during a fireworks display on November 14, 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 204 (Monday, October 22, 2018)
[Federal Register Volume 83, Number 204 (Monday, October 22, 2018)]
[Proposed Rules]
[Pages 53199-53201]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22911]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0948]
RIN 1625-AA00


Safety Zone; Delaware River; Camden, NJ; 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 Camden, NJ. This action is 
necessary to protect the surrounding public and vessels on these 
navigable waters adjacent to the Battleship New Jersey Museum and 
Memorial, Camden, NJ, during a fireworks display on November 14, 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 November 6, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0948 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
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

    On September 14, 2018, Rexel, Inc notified the Coast Guard that it 
will be conducting a fireworks display from 8:35 p.m. to 8:55 p.m. on 
November 14, 2018. The fireworks are to be launched from a barge in the 
Delaware River adjacent to the Battleship New Jersey Museum and 
Memorial, Camden, NJ. Hazards from fireworks displays include 
accidental discharge of fireworks, dangerous projectiles, and falling 
hot embers or other debris. The Captain of the Port Delaware Bay (COTP) 
has determined that potential hazards associated with the fireworks to 
be used in this display would be a safety concern for anyone within a 
600-foot radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 600-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 is proposing to establish a safety zone from approximately 
8:15 p.m. through 9:15 p.m. on November 14, 2018. The safety zone would 
cover all navigable waters within 600 feet of a fireworks barge in the 
Delaware River adjacent to the Battleship New Jersey Museum and 
Memorial, Camden, NJ. The barge will be anchored in approximate 
position 39[deg]56'20'' N Latitude, 075[deg]08'08'' W Longitude. The 
duration of the zone is intended to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled 8:35 
p.m. to 8:55 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 reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.

[[Page 53200]]

    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 600 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.T05-0948 to read as follows:


Sec.  165.T05-0948   Safety Zone; Delaware River; Camden, NJ; Fireworks 
Display.

    (a) Location. The following area is a safety zone: all waters of 
the Delaware River within a 600-foot radius of the fireworks barge, 
which will be anchored in approximate position 39[deg]56'20'' N 
Latitude 075[deg]08'08'' W Longitude. All coordinates are based on 
Datum NAD 1983.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer on board a Coast Guard vessel 
or on board a federal, state, or local law enforcement vessel assisting 
the Captain of the Port, Delaware Bay in the enforcement of the safety 
zone.

[[Page 53201]]

    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part--
    (i) 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
    (ii) 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 8:15 p.m. 
through 9:15 p.m. on November 14, 2018.

    Dated: October 15, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-22911 Filed 10-19-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Proposed Rules                                         53199

                                                 Management and Budget (OMB) under                       FOR FURTHER INFORMATION CONTACT:     If               The regulatory text we are proposing
                                                 the Paperwork Reduction Act of 1995                     you have questions about this proposed                appears at the end of this document.
                                                 (44 U.S.C. 3501–3520). The collections                  rulemaking, call or email Petty Officer
                                                                                                                                                               IV. Regulatory Analyses
                                                 of information in part 117 have been                    Thomas Welker, U.S. Coast Guard,
                                                 approved under OMB control number                       Sector Delaware Bay, Waterways                          We developed this proposed rule after
                                                 0910–0751.                                              Management Division; telephone 215–                   considering numerous statutes and
                                                                                                         271–4814, email Thomas.j.welker@                      Executive orders related to rulemaking.
                                                 III. Electronic Access
                                                                                                         uscg.mil.                                             Below we summarize our analyses
                                                   Persons with access to the internet                   SUPPLEMENTARY INFORMATION:                            based on a number of these statutes and
                                                 may obtain the draft guidance at either                                                                       Executive orders and we discuss First
                                                 https://www.fda.gov/FoodGuidances or                    I. Table of Abbreviations                             Amendment rights of protestors.
                                                 https://www.regulations.gov. Use the                    CFR Code of Federal Regulations
                                                 FDA website listed in the previous                                                                            A. Regulatory Planning and Review
                                                                                                         COTP Captain of the Port
                                                 sentence to find the most current                       DHS Department of Homeland Security                      Executive Orders 12866 and 13563
                                                 version of the guidance.                                FR Federal Register                                   direct agencies to assess the costs and
                                                   Dated: October 17, 2018.                              NPRM Notice of proposed rulemaking                    benefits of available regulatory
                                                                                                         § Section                                             alternatives and, if regulation is
                                                 Leslie Kux,                                             U.S.C. United States Code
                                                 Associate Commissioner for Policy.
                                                                                                                                                               necessary, to select regulatory
                                                                                                         II. Background, Purpose, and Legal                    approaches that maximize net benefits.
                                                 [FR Doc. 2018–23005 Filed 10–19–18; 8:45 am]
                                                                                                         Basis                                                 Executive Order 13771 directs agencies
                                                 BILLING CODE 4164–01–P
                                                                                                            On September 14, 2018, Rexel, Inc                  to control regulatory costs through a
                                                                                                         notified the Coast Guard that it will be              budgeting process. This NPRM has not
                                                                                                         conducting a fireworks display from                   been designated a ‘‘significant
                                                 DEPARTMENT OF HOMELAND                                                                                        regulatory action,’’ under Executive
                                                 SECURITY                                                8:35 p.m. to 8:55 p.m. on November 14,
                                                                                                         2018. The fireworks are to be launched                Order 12866. Accordingly, the NPRM
                                                                                                         from a barge in the Delaware River                    has not been reviewed by the Office of
                                                 Coast Guard
                                                                                                         adjacent to the Battleship New Jersey                 Management and Budget (OMB), and
                                                                                                         Museum and Memorial, Camden, NJ.                      pursuant to OMB guidance it is exempt
                                                 33 CFR Part 165
                                                                                                         Hazards from fireworks displays include               from the requirements of Executive
                                                 [Docket Number USCG–2018–0948]
                                                                                                         accidental discharge of fireworks,                    Order 13771.
                                                 RIN 1625–AA00                                           dangerous projectiles, and falling hot                   This regulatory action determination
                                                                                                         embers or other debris. The Captain of                is based on the size, location, duration,
                                                 Safety Zone; Delaware River; Camden,                    the Port Delaware Bay (COTP) has                      and time-of-day of the safety zone.
                                                 NJ; Fireworks Display                                   determined that potential hazards                     Vessel traffic would be able to safely
                                                                                                         associated with the fireworks to be used              transit around this safety zone which
                                                 AGENCY:   Coast Guard, DHS.                                                                                   would impact a small designated area of
                                                                                                         in this display would be a safety
                                                 ACTION:   Notice of proposed rulemaking.                concern for anyone within a 600-foot                  the Delaware River for one hour during
                                                                                                         radius of the barge.                                  the evening when vessel traffic is
                                                 SUMMARY:   The Coast Guard proposes to                                                                        normally low. Moreover, the Coast
                                                 establish a temporary safety zone on a                     The purpose of this rulemaking is to
                                                                                                         ensure the safety of vessels and the                  Guard would issue a Broadcast Notice to
                                                 portion of the Delaware River in                                                                              Mariners via VHF–FM marine channel
                                                 Camden, NJ. This action is necessary to                 navigable waters within a 600-foot
                                                                                                         radius of the fireworks barge before,                 16 about the zone, and the rule would
                                                 protect the surrounding public and                                                                            allow vessels to seek permission to enter
                                                 vessels on these navigable waters                       during, and after the scheduled event.
                                                                                                         The Coast Guard proposes this                         the zone.
                                                 adjacent to the Battleship New Jersey
                                                 Museum and Memorial, Camden, NJ,                        rulemaking under authority in 33 U.S.C.               B. Impact on Small Entities
                                                 during a fireworks display on November                  1231.
                                                                                                                                                                  The Regulatory Flexibility Act of
                                                 14, 2018. This proposed rulemaking                      III. Discussion of Proposed Rule                      1980, 5 U.S.C. 601–612, as amended,
                                                 would prohibit persons and vessels                         The COTP is proposing to establish a               requires Federal agencies to consider
                                                 from entering, transiting, or remaining                 safety zone from approximately 8:15                   the potential impact of regulations on
                                                 within the safety zone unless authorized                p.m. through 9:15 p.m. on November 14,                small entities during rulemaking. The
                                                 by the Captain of the Port Delaware Bay                 2018. The safety zone would cover all                 term ‘‘small entities’’ comprises small
                                                 or a designated representative. We                      navigable waters within 600 feet of a                 businesses, not-for-profit organizations
                                                 invite your comments on this proposed                   fireworks barge in the Delaware River                 that are independently owned and
                                                 rulemaking.                                             adjacent to the Battleship New Jersey                 operated and are not dominant in their
                                                 DATES: Comments and related material                    Museum and Memorial, Camden, NJ.                      fields, and governmental jurisdictions
                                                 must be received by the Coast Guard on                  The barge will be anchored in                         with populations of less than 50,000.
                                                 or before November 6, 2018.                             approximate position 39°56′20″ N                      The Coast Guard certifies under 5 U.S.C.
                                                 ADDRESSES: You may submit comments                      Latitude, 075°08′08″ W Longitude. The                 605(b) that this proposed rule would not
                                                 identified by docket number USCG–                       duration of the zone is intended to                   have a significant economic impact on
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 2018–0948 using the Federal                             ensure the safety of vessels and these                a substantial number of small entities.
                                                 eRulemaking Portal at http://                           navigable waters before, during, and                     While some owners or operators of
                                                 www.regulations.gov. See the ‘‘Public                   after the scheduled 8:35 p.m. to 8:55                 vessels intending to transit the safety
                                                 Participation and Request for                           p.m. fireworks display. No vessel or                  zone may be small entities, for the
                                                 Comments’’ portion of the                               person would be permitted to enter,                   reasons stated in section IV.A above,
                                                 SUPPLEMENTARY INFORMATION section for                   transit, or remain within the safety zone             this proposed rule would not have a
                                                 further instructions on submitting                      without obtaining permission from the                 significant economic impact on any
                                                 comments.                                               COTP or a designated representative.                  vessel owner or operator.


                                            VerDate Sep<11>2014   16:58 Oct 19, 2018   Jkt 247001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\22OCP1.SGM   22OCP1


                                                 53200                  Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Proposed Rules

                                                    If you think that your business,                     their discretionary regulatory actions. In               We encourage you to submit
                                                 organization, or governmental                           particular, the Act addresses actions                 comments through the Federal
                                                 jurisdiction qualifies as a small entity                that may result in the expenditure by a               eRulemaking Portal at http://
                                                 and that this rule would have a                         State, local, or tribal government, in the            www.regulations.gov. If your material
                                                 significant economic impact on it,                      aggregate, or by the private sector of                cannot be submitted using http://
                                                 please submit a comment (see                            $100,000,000 (adjusted for inflation) or              www.regulations.gov, contact the person
                                                 ADDRESSES) explaining why you think it                  more in any one year. Though this                     in the FOR FURTHER INFORMATION
                                                 qualifies and how and to what degree                    proposed rule would not result in such                CONTACT section of this document for
                                                 this rule would economically affect it.                 an expenditure, we do discuss the                     alternate instructions.
                                                    Under section 213(a) of the Small                    effects of this rule elsewhere in this                   We accept anonymous comments. All
                                                 Business Regulatory Enforcement                         preamble.                                             comments received will be posted
                                                 Fairness Act of 1996 (Pub. L. 104–121),                                                                       without change to http://
                                                 we want to assist small entities in                     F. Environment                                        www.regulations.gov and will include
                                                 understanding this proposed rule. If the                  We have analyzed this proposed rule                 any personal information you have
                                                 rule would affect your small business,                  under Department of Homeland                          provided. For more about privacy and
                                                 organization, or governmental                           Security Directive 023–01 and                         the docket, visit http://
                                                 jurisdiction and you have questions                     Commandant Instruction M16475.1D,                     www.regulations.gov/privacyNotice.
                                                 concerning its provisions or options for                which guide the Coast Guard in                           Documents mentioned in this NPRM
                                                 compliance, please contact the person                   complying with the National                           as being available in the docket, and all
                                                 listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                  public comments, will be in our online
                                                 CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a                   docket at http://www.regulations.gov
                                                 not retaliate against small entities that               preliminary determination that this                   and can be viewed by following that
                                                 question or complain about this                         action is one of a category of actions that           website’s instructions. Additionally, if
                                                 proposed rule or any policy or action of                do not individually or cumulatively                   you go to the online docket and sign up
                                                 the Coast Guard.                                        have a significant effect on the human                for email alerts, you will be notified
                                                                                                         environment. This proposed rule                       when comments are posted or a final
                                                 C. Collection of Information
                                                                                                         involves a safety zone lasting one hour               rule is published.
                                                   This proposed rule would not call for                 that would prohibit entry within 600
                                                 a new collection of information under                                                                         List of Subjects in 33 CFR Part 165
                                                                                                         feet of a fireworks barge. Normally such
                                                 the Paperwork Reduction Act of 1995                     actions are categorically excluded from                 Harbors, Marine safety, Navigation
                                                 (44 U.S.C. 3501–3520).                                  further review under paragraph L60(a)                 (water), Reporting and recordkeeping
                                                                                                         of Appendix A, Table 1 of DHS                         requirements, Security measures,
                                                 D. Federalism and Indian Tribal
                                                                                                         Instruction Manual 023–01–001–01,                     Waterways.
                                                 Governments
                                                                                                         Rev. 01. A preliminary Record of                        For the reasons discussed in the
                                                    A rule has implications for federalism                                                                     preamble, the Coast Guard proposes to
                                                 under Executive Order 13132,                            Environmental Consideration
                                                                                                         supporting this determination is                      amend 33 CFR part 165 as follows:
                                                 Federalism, if it has a substantial direct
                                                 effect on the States, on the relationship               available in the docket where indicated
                                                                                                         under ADDRESSES. We seek any                          PART 165—REGULATED NAVIGATION
                                                 between the national government and                                                                           AREAS AND LIMITED ACCESS AREAS
                                                 the States, or on the distribution of                   comments or information that may lead
                                                 power and responsibilities among the                    to the discovery of a significant                     ■ 1. The authority citation for part 165
                                                 various levels of government. We have                   environmental impact from this                        continues to read as follows:
                                                 analyzed this proposed rule under that                  proposed rule.
                                                                                                                                                                 Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                 Order and have determined that it is                    G. Protest Activities                                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                 consistent with the fundamental                                                                               Department of Homeland Security Delegation
                                                 federalism principles and preemption                      The Coast Guard respects the First                  No. 0170.1.
                                                 requirements described in Executive                     Amendment rights of protesters.
                                                                                                                                                               ■ 2. Add § 165.T05–0948 to read as
                                                 Order 13132.                                            Protesters are asked to contact the
                                                                                                                                                               follows:
                                                    Also, this proposed rule does not have               person listed in the FOR FURTHER
                                                 tribal implications under Executive                     INFORMATION CONTACT section to                        § 165.T05–0948 Safety Zone; Delaware
                                                 Order 13175, Consultation and                           coordinate protest activities so that your            River; Camden, NJ; Fireworks Display.
                                                 Coordination with Indian Tribal                         message can be received without                          (a) Location. The following area is a
                                                 Governments, because it would not have                  jeopardizing the safety or security of                safety zone: all waters of the Delaware
                                                 a substantial direct effect on one or                   people, places, or vessels.                           River within a 600-foot radius of the
                                                 more Indian tribes, on the relationship                 V. Public Participation and Request for               fireworks barge, which will be anchored
                                                 between the Federal Government and                      Comments                                              in approximate position 39°56′20″ N
                                                 Indian tribes, or on the distribution of                                                                      Latitude 075°08′08″ W Longitude. All
                                                 power and responsibilities between the                    We view public participation as                     coordinates are based on Datum NAD
                                                 Federal Government and Indian tribes.                   essential to effective rulemaking, and                1983.
                                                 If you believe this proposed rule has                   will consider all comments and material                  (b) Definitions. As used in this
                                                 implications for federalism or Indian                   received during the comment period.                   section, designated representative
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 tribes, please contact the person listed                Your comment can help shape the                       means a Coast Guard Patrol
                                                 in the FOR FURTHER INFORMATION                          outcome of this rulemaking. If you                    Commander, including a Coast Guard
                                                 CONTACT section.                                        submit a comment, please include the                  petty officer, warrant or commissioned
                                                                                                         docket number for this rulemaking,                    officer on board a Coast Guard vessel or
                                                 E. Unfunded Mandates Reform Act                         indicate the specific section of this                 on board a federal, state, or local law
                                                   The Unfunded Mandates Reform Act                      document to which each comment                        enforcement vessel assisting the Captain
                                                 of 1995 (2 U.S.C. 1531–1538) requires                   applies, and provide a reason for each                of the Port, Delaware Bay in the
                                                 Federal agencies to assess the effects of               suggestion or recommendation.                         enforcement of the safety zone.


                                            VerDate Sep<11>2014   16:58 Oct 19, 2018   Jkt 247001   PO 00000   Frm 00010   Fmt 4702   Sfmt 4702   E:\FR\FM\22OCP1.SGM   22OCP1


                                                                        Federal Register / Vol. 83, No. 204 / Monday, October 22, 2018 / Proposed Rules                                                  53201

                                                   (c) Regulations. (1) Under the general                on the 2015–2017 data available in the                I. Background
                                                 safety zone regulations in subpart C of                 EPA’s Air Quality System (AQS)                           On December 14, 2012, the
                                                 this part—                                              database. The EPA also proposes to take               Environmental Protection Agency (EPA)
                                                   (i) You may not enter the safety zone                 final agency action on the September                  promulgated a revised primary annual
                                                 described in paragraph (a) of this                      2017 wildfire exceptional event at the                PM2.5 NAAQS to provide increased
                                                 section unless authorized by the COTP                   Pinehurst monitoring station, pursuant                protection of public health from fine
                                                 or the COTP’s designated representative;                to EPA regulations, as having affected                particle pollution (‘‘2012 annual PM2.5
                                                 and                                                     PM2.5 and PM10 values. Based on the                   NAAQS’’).1 In that action, the EPA
                                                   (ii) All persons and vessels in the                   proposed clean data determination, the                strengthened the primary annual PM2.5
                                                 safety zone must comply with all lawful                 EPA is also proposing to determine that               standard, lowering the level from 15.0
                                                 orders or directions given to them by the               the obligation for Idaho to make                      micrograms per cubic meter (mg/m3) to
                                                 COTP or the COTP’s designated                           submissions to meet certain Clean Air                 12.0 mg/m3. The 2012 annual PM2.5
                                                 representative.                                         Act (CAA or the Act) requirements                     NAAQS is attained when the 3-year
                                                   (2) To request permission to enter the                related to attainment of the NAAQS for                average of the annual arithmetic means
                                                 safety zone, contact the COTP or the                    this area are not applicable for as long              does not exceed 12.0 mg/m3. See 40 CFR
                                                 COTP’s representative on marine band                    as the area continues to attain the 2012              50.18 and 40 CFR part 50, appendix N.
                                                 radio VHF–FM channel 16 (156.8 MHz)                     annual PM2.5 NAAQS.                                   Effective April 15, 2015, the EPA made
                                                 or 215–271–4807.                                                                                              designation determinations, as required
                                                   (3) No vessel may take on bunkers or                  DATES: Written comments must be                       by section 107(d)(1) of the CAA, for the
                                                 conduct lightering operations within the                received on or before November 21,                    2012 annual PM2.5 NAAQS.2 In that
                                                 safety zone during the enforcement                      2018.                                                 action, the EPA designated the West
                                                 period.                                                                                                       Silver Valley area in Shoshone County,
                                                   (4) This section applies to all vessels               ADDRESSES:   Submit your comments,
                                                                                                                                                               Idaho (WSV NAA) as moderate
                                                 except those engaged in law                             identified by Docket ID No. EPA–R10–
                                                                                                                                                               nonattainment for the 2012 annual
                                                 enforcement, aids to navigation                         OAR–2017–0170, at https://
                                                                                                                                                               PM2.5 NAAQS. See 40 CFR 81.313.
                                                 servicing, and emergency response                       www.regulations.gov. Follow the online                   On March 26, 2018, the EPA issued a
                                                 operations.                                             instructions for submitting comments.                 finding of failure to submit under
                                                   (d) Enforcement. The U.S. Coast                       Once submitted, comments cannot be                    section 110(k) of the CAA finding that
                                                 Guard may be assisted in the patrol and                 edited or removed from Regulations.gov.               several states, including Idaho, failed to
                                                 enforcement of the safety zone by                       The EPA may publish any comment                       submit specific moderate area SIP
                                                 federal, state, and local agencies.                     received to its public docket. Do not                 elements for the 2012 annual PM2.5
                                                   (e) Enforcement period. This zone                     submit electronically any information                 NAAQS required under subpart 4 of
                                                 will be enforced from 8:15 p.m. through                 you consider to be Confidential                       part D of Title I of the CAA.3 In
                                                 9:15 p.m. on November 14, 2018.                         Business Information (CBI) or other                   particular, Idaho failed to submit the
                                                                                                         information whose disclosure is                       following specific moderate area SIP
                                                   Dated: October 15, 2018.
                                                                                                         restricted by statute. Multimedia                     elements for the WSV NAA: An
                                                 S.E. Anderson,
                                                                                                         submissions (audio, video, etc.) must be              attainment demonstration; control
                                                 Captain, U.S. Coast Guard, Captain of the               accompanied by a written comment.                     strategies, including reasonably
                                                 Port Delaware Bay.
                                                                                                         The written comment is considered the                 available control measures (‘‘RACM’’)
                                                 [FR Doc. 2018–22911 Filed 10–19–18; 8:45 am]
                                                                                                         official comment and should include                   and reasonably available control
                                                 BILLING CODE 9110–04–P                                                                                        technologies (‘‘RACT’’); a reasonable
                                                                                                         discussion of all points you wish to
                                                                                                         make. The EPA will generally not                      further progress (RFP) plan; quantitative
                                                                                                         consider comments or comment                          milestones; and contingency measures.
                                                 ENVIRONMENTAL PROTECTION                                contents located outside of the primary               This finding triggered the sanctions
                                                 AGENCY                                                  submission (i.e., on the web, cloud, or               clock under Section 179 of the CAA, as
                                                                                                         other file sharing system). For                       well as an obligation under Section
                                                 40 CFR Part 52                                                                                                110(c) of the CAA for EPA to
                                                                                                         additional submission methods, the full
                                                 [EPA–R10–OAR–2017–0170; FRL–9985–39–                    EPA public comment policy,                            promulgate a FIP no later than 2 years
                                                 Region 10]                                              information about CBI or multimedia                   from the effective date of the finding, if
                                                                                                         submissions, and general guidance on                  Idaho does not submit, and the EPA has
                                                 Air Plan Approval; ID, West Silver                      making effective comments, please visit               not approved, the required SIP
                                                 Valley PM2.5 Clean Data Determination                   http://www2.epa.gov/dockets/                          submission.
                                                                                                                                                                  On August 24, 2016, the EPA issued
                                                 AGENCY:  Environmental Protection                       commenting-epa-dockets.
                                                                                                                                                               the Fine Particulate Matter National
                                                 Agency (EPA).                                           FOR FURTHER INFORMATION CONTACT:                      Ambient Air Quality Standards: State
                                                 ACTION: Proposed rule.                                  Justin Spenillo, at 206–553–6125, or                  Implementation Plan Requirements
                                                                                                         spenillo.justin@epa.gov.                              (‘‘PM2.5 SIP Requirements Rule’’).4 The
                                                 SUMMARY:   The Environmental Protection                                                                       PM2.5 SIP Requirements Rule is codified
                                                 Agency (EPA) proposes to determine                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                               at 40 CFR part 51, subpart Z and
                                                 that the West Silver Valley, Idaho                      Throughout this document, wherever                    provides rules for the implementation of
                                                 nonattainment area has clean data for                   ‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, it is             current and future PM2.5 NAAQS.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 the 2012 annual fine particulate matter                 intended to refer to the EPA.                            Over the past 2 decades, the EPA has
                                                 (PM2.5) National Ambient Air Quality                                                                          consistently applied its ‘‘Clean Data
                                                 Standard (NAAQS). This proposed                         Table of Contents
                                                                                                                                                               Policy’’ interpretation to attainment
                                                 clean data determination (CDD) is based                 I. Background
                                                 upon quality-assured, quality-                          II. Clean Data Determination for the West               1 78 FR 3086, January 15, 2013.
                                                 controlled, and certified ambient air                         Silver Valley, Idaho Nonattainment Area           2 80 FR 2206.
                                                 monitoring data showing the area has                    III. The EPA’s Proposed Action                          3 83 FR 14759.

                                                 attained the 2012 PM2.5 NAAQS based                     IV. Statutory and Executive Order Reviews               4 81 FR 58010, effective October 24, 2016.




                                            VerDate Sep<11>2014   16:58 Oct 19, 2018   Jkt 247001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\22OCP1.SGM   22OCP1



Document Created: 2018-10-20 01:49:43
Document Modified: 2018-10-20 01:49:43
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 November 6, 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 53199 
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