83_FR_57540 83 FR 57319 - Safety Zone; Delaware River; Camden, NJ; Fireworks Display

83 FR 57319 - Safety Zone; Delaware River; Camden, NJ; Fireworks Display

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 221 (November 15, 2018)

Page Range57319-57321
FR Document2018-24978

The Coast Guard is establishing 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 regulation prohibits 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.

Federal Register, Volume 83 Issue 221 (Thursday, November 15, 2018)
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57319-57321]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24978]


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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: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing 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 regulation 
prohibits 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.

DATES: This rule is effective from 8:15 p.m. through 9:15 p.m. on 
November 14, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0948 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email 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 on the 
Delaware River adjacent the Battleship New Jersey

[[Page 57320]]

Museum and Memorial, Camden, NJ. In response, on October 22, 2018, the 
Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Delaware River; Camden, NJ; Fireworks Display; 83 FR 
53199. There, we stated why we issued the NPRM and invited comments on 
our proposed regulatory action related to this fireworks display. 
During the comment period that ended November 6, 2018, we received one 
comment.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because immediate action is needed to mitigate the potential safety 
hazards associated with a fireworks display in this location.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Delaware Bay (COTP) has determined that 
potential hazards associated with the fireworks display on November 14, 
2018, will be a safety concern for anyone 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. This rule is 
needed to protect persons, vessels and the public near the fireworks 
barge during the fireworks display.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published 
October 22, 2018. The comment was generally supportive of the proposed 
rulemaking. The comment did express concern with public notification of 
the rule. The comment suggested the Coast Guard notify the public more 
than once. The Coast Guard agrees that notification to the public of 
the existence of this rule is a key component to ensuring safety. In 
addition to publication of the NPRM and final rule in the Federal 
Register, the Coast Guard will provide notification through Broadcast 
Notice to Mariners and on-scene notice. There are no changes in the 
regulatory text of this rule from the proposed rule in the NPRM.
    This rule establishes a temporary safety zone from approximately 
8:15 p.m. through 9:15 p.m. on November 14, 2018, for the navigable 
waters in the vicinity of the Battleship New Jersey Museum and 
Memorial, Camden, NJ, during a fireworks display from a barge. The 
event is scheduled to take place at approximately 8:35 p.m. on November 
14, 2018. The safety zone will extend 600 feet around the barge, which 
will be anchored at approximate position 39[deg]56'20'' N Latitude, 
075[deg]08'08'' W Longitude. Persons or vessels will not be permitted 
to enter, transit through, or remain within the safety zone without 
obtaining permission from the COTP or a designated representative.
    If authorization to enter, transit through, or remain within the 
safety zone is granted by the COTP or a designated representative, all 
persons and vessels receiving such authorization must comply with the 
instructions of the COTP or a designated representative. The Coast 
Guard will provide public notice of the safety zone by Broadcast Notice 
to Mariners and by on-scene actual notice.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of the Delaware River for 1 hour during 
the evening when vessel traffic is normally low. Moreover, the Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule will 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism

[[Page 57321]]

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have 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 rule involves a safety zone lasting 1 hour that will 
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.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T05-0948 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.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part--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 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: November 9, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-24978 Filed 11-14-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations                                       57319

                                             would affect your small business,                        particular, the Act addresses actions                 DEPARTMENT OF HOMELAND
                                             organization, or governmental                            that may result in the expenditure by a               SECURITY
                                             jurisdiction and you have questions                      State, local, or tribal government, in the
                                             concerning its provisions or options for                 aggregate, or by the private sector of                Coast Guard
                                             compliance, please contact the person                    $100,000,000 (adjusted for inflation) or
                                             listed in the FOR FURTHER INFORMATION                    more in any one year. Though this rule                33 CFR Part 165
                                             CONTACT section.                                         will not result in such an expenditure,               [Docket Number USCG–2018–0948]
                                                Small businesses may send comments                    we do discuss the effects of this rule
                                             on the actions of Federal employees                      elsewhere in this preamble.                           RIN 1625–AA00
                                             who enforce, or otherwise determine
                                                                                                      F. Environment                                        Safety Zone; Delaware River; Camden,
                                             compliance with, Federal regulations to
                                             the Small Business and Agriculture                         We have analyzed this rule under                    NJ; Fireworks Display
                                             Regulatory Enforcement Ombudsman                         Department of Homeland Security
                                                                                                      Directive 023–01 and Commandant                       AGENCY:    Coast Guard, DHS.
                                             and the Regional Small Business
                                             Regulatory Fairness Boards. The                          Instruction M16475.1D, which guide the                ACTION:   Temporary final rule.
                                             Ombudsman evaluates these actions                        Coast Guard in complying with the
                                                                                                                                                            SUMMARY:   The Coast Guard is
                                             annually and rates each agency’s                         National Environmental Policy Act of
                                                                                                                                                            establishing a temporary safety zone on
                                             responsiveness to small business. If you                 1969 (42 U.S.C. 4321–4370f), and have
                                                                                                      determined that this action is one of a               a portion of the Delaware River in
                                             wish to comment on actions by                                                                                  Camden, NJ. This action is necessary to
                                             employees of the Coast Guard, call 1–                    category of actions that do not
                                                                                                      individually or cumulatively have a                   protect the surrounding public and
                                             888–REG–FAIR (1–888–734–3247). The                                                                             vessels on these navigable waters
                                             Coast Guard will not retaliate against                   significant effect on the human
                                                                                                      environment. It is categorically                      adjacent to the Battleship New Jersey
                                             small entities that question or complain                                                                       Museum and Memorial, Camden, NJ,
                                             about this rule or any policy or action                  excluded from further review under
                                                                                                      paragraph L60(b) of Appendix A, Table                 during a fireworks display on November
                                             of the Coast Guard.                                                                                            14, 2018. This regulation prohibits
                                                                                                      1 of DHS Instruction Manual 023–01–
                                             C. Collection of Information                             001–01, Rev. 01. A Record of                          persons and vessels from entering,
                                                                                                      Environmental Consideration is not                    transiting, or remaining within the
                                               This rule will not call for a new
                                                                                                      required for this rule because we are                 safety zone unless authorized by the
                                             collection of information under the
                                                                                                      disestablishing a safety zone.                        Captain of the Port Delaware Bay or a
                                             Paperwork Reduction Act of 1995 (44
                                                                                                                                                            designated representative.
                                             U.S.C. 3501–3520).                                       G. Protest Activities                                 DATES: This rule is effective from 8:15
                                             D. Federalism and Indian Tribal                            The Coast Guard respects the First                  p.m. through 9:15 p.m. on November 14,
                                             Governments                                              Amendment rights of protesters.                       2018.
                                                A rule has implications for federalism                Protesters are asked to contact the                   ADDRESSES: To view documents
                                             under Executive Order 13132,                             person listed in the FOR FURTHER                      mentioned in this preamble as being
                                             Federalism, if it has a substantial direct               INFORMATION CONTACT section to                        available in the docket, go to http://
                                             effect on the States, on the relationship                coordinate protest activities so that your            www.regulations.gov, type USCG–2018–
                                             between the national government and                      message can be received without                       0948 in the ‘‘SEARCH’’ box and click
                                             the States, or on the distribution of                    jeopardizing the safety or security of                ‘‘SEARCH.’’ Click on Open Docket
                                             power and responsibilities among the                     people, places or vessels.                            Folder on the line associated with this
                                             various levels of government. We have                    List of Subjects in 33 CFR Part 165                   rule.
                                             analyzed this rule under that Order and                                                                        FOR FURTHER INFORMATION CONTACT: If
                                             have determined that it is consistent                      Harbors, Marine safety, Navigation
                                                                                                      (water), Reporting and recordkeeping                  you have questions on this rule, call or
                                             with the fundamental federalism                                                                                email Petty Officer Thomas Welker, U.S.
                                             principles and preemption requirements                   requirements, Security measures,
                                                                                                      Waterways.                                            Coast Guard, Sector Delaware Bay,
                                             described in Executive Order 13132.                                                                            Waterways Management Division;
                                                Also, this rule does not have tribal                    For the reasons discussed in the                    telephone 215–271–4814, email
                                             implications under Executive Order                       preamble, the Coast Guard amends 33                   Thomas.j.welker@uscg.mil.
                                             13175, Consultation and Coordination                     CFR part 165 as follows:
                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                             with Indian Tribal Governments,
                                             because it does not have a substantial                   PART 165—REGULATED NAVIGATION                         I. Table of Abbreviations
                                             direct effect on one or more Indian                      AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                            CFR Code of Federal Regulations
                                             tribes, on the relationship between the
                                                                                                      ■ 1. The authority citation for part 165              COTP Captain of the Port
                                             Federal Government and Indian tribes,                                                                          DHS Department of Homeland Security
                                                                                                      continues to read as follows:
                                             or on the distribution of power and                                                                            FR Federal Register
                                             responsibilities between the Federal                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           NPRM Notice of proposed rulemaking
                                             Government and Indian tribes. If you                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             § Section
                                                                                                      Department of Homeland Security Delegation            U.S.C. United States Code
                                             believe this rule has implications for                   No. 0170.1.
                                             federalism or Indian tribes, please                                                                            II. Background, Purpose, and Legal
                                             contact the person listed in the FOR                     § 165.T13–0998      [Removed]
                                                                                                                                                            Basis
                                             FURTHER INFORMATION CONTACT section                      ■   2. Remove § 165.T13–0998.
khammond on DSK30JT082PROD with RULES




                                             above.                                                                                                            On September 14, 2018, Rexel, Inc.
                                                                                                        Dated: November 8, 2018.                            notified the Coast Guard that it will be
                                             E. Unfunded Mandates Reform Act                          J.C. Smith,                                           conducting a fireworks display from
                                               The Unfunded Mandates Reform Act                       Captain, U.S. Coast Guard, Captain of the             8:35 p.m. to 8:55 p.m. on November 14,
                                             of 1995 (2 U.S.C. 1531–1538) requires                    Port Sector Columbia River.                           2018. The fireworks are to be launched
                                             Federal agencies to assess the effects of                [FR Doc. 2018–24846 Filed 11–14–18; 8:45 am]          from a barge on the Delaware River
                                             their discretionary regulatory actions. In               BILLING CODE 9110–04–P                                adjacent the Battleship New Jersey


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                                             57320            Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations

                                             Museum and Memorial, Camden, NJ. In                      14, 2018. The safety zone will extend                 businesses, not-for-profit organizations
                                             response, on October 22, 2018, the Coast                 600 feet around the barge, which will be              that are independently owned and
                                             Guard published a notice of proposed                     anchored at approximate position                      operated and are not dominant in their
                                             rulemaking (NPRM) titled Safety Zone;                    39°56′20″ N Latitude, 075°08′08″ W                    fields, and governmental jurisdictions
                                             Delaware River; Camden, NJ; Fireworks                    Longitude. Persons or vessels will not                with populations of less than 50,000.
                                             Display; 83 FR 53199. There, we stated                   be permitted to enter, transit through, or            The Coast Guard received no comments
                                             why we issued the NPRM and invited                       remain within the safety zone without                 from the Small Business Administration
                                             comments on our proposed regulatory                      obtaining permission from the COTP or                 on this rulemaking. The Coast Guard
                                             action related to this fireworks display.                a designated representative.                          certifies under 5 U.S.C. 605(b) that this
                                             During the comment period that ended                       If authorization to enter, transit                  rule will not have a significant
                                             November 6, 2018, we received one                        through, or remain within the safety                  economic impact on a substantial
                                             comment.                                                 zone is granted by the COTP or a                      number of small entities.
                                               Under 5 U.S.C. 553(d)(3), the Coast                    designated representative, all persons                   While some owners or operators of
                                             Guard finds that good cause exists for                   and vessels receiving such authorization              vessels intending to transit the safety
                                             making this rule effective less than 30                  must comply with the instructions of                  zone may be small entities, for the
                                             days after publication in the Federal                    the COTP or a designated                              reasons stated in section V.A above, this
                                             Register. Delaying the effective date of                 representative. The Coast Guard will                  rule will not have a significant
                                             this rule would be impracticable and                     provide public notice of the safety zone              economic impact on any vessel owner
                                             contrary to the public interest because                  by Broadcast Notice to Mariners and by                or operator.
                                             immediate action is needed to mitigate                   on-scene actual notice.                                  Under section 213(a) of the Small
                                             the potential safety hazards associated                                                                        Business Regulatory Enforcement
                                             with a fireworks display in this location.               V. Regulatory Analyses                                Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                        We developed this rule after                        we want to assist small entities in
                                             III. Legal Authority and Need for Rule
                                                                                                      considering numerous statutes and                     understanding this proposed rule. If the
                                                The Coast Guard is issuing this rule                  Executive orders related to rulemaking.               rule would affect your small business,
                                             under authority in 33 U.S.C. 1231. The                   Below we summarize our analyses                       organization, or governmental
                                             Captain of the Port Delaware Bay                         based on a number of these statutes and               jurisdiction and you have questions
                                             (COTP) has determined that potential                     Executive orders, and we discuss First                concerning its provisions or options for
                                             hazards associated with the fireworks                    Amendment rights of protestors.                       compliance, please contact the person
                                             display on November 14, 2018, will be                                                                          listed in the FOR FURTHER INFORMATION
                                             a safety concern for anyone within a                     A. Regulatory Planning and Review
                                                                                                                                                            CONTACT section.
                                             600-foot radius of the fireworks barge,                     Executive Orders 12866 and 13563                      Small businesses may send comments
                                             which will be anchored in approximate                    direct agencies to assess the costs and               on the actions of Federal employees
                                             position 39°56′20″ N Latitude,                           benefits of available regulatory                      who enforce, or otherwise determine
                                             075°08′08″ W Longitude. This rule is                     alternatives and, if regulation is                    compliance with, Federal regulations to
                                             needed to protect persons, vessels and                   necessary, to select regulatory                       the Small Business and Agriculture
                                             the public near the fireworks barge                      approaches that maximize net benefits.                Regulatory Enforcement Ombudsman
                                             during the fireworks display.                            Executive Order 13771 directs agencies                and the Regional Small Business
                                                                                                      to control regulatory costs through a                 Regulatory Fairness Boards. The
                                             IV. Discussion of Comments, Changes,
                                                                                                      budgeting process. This rule has not                  Ombudsman evaluates these actions
                                             and the Rule
                                                                                                      been designated a ‘‘significant                       annually and rates each agency’s
                                                As noted above, we received one                       regulatory action,’’ under Executive                  responsiveness to small business. If you
                                             comment on our NPRM published                            Order 12866. Accordingly, this rule has               wish to comment on actions by
                                             October 22, 2018. The comment was                        not been reviewed by the Office of                    employees of the Coast Guard, call 1–
                                             generally supportive of the proposed                     Management and Budget (OMB), and                      888–REG–FAIR (1–888–734–3247). The
                                             rulemaking. The comment did express                      pursuant to OMB guidance it is exempt                 Coast Guard will not retaliate against
                                             concern with public notification of the                  from the requirements of Executive                    small entities that question or complain
                                             rule. The comment suggested the Coast                    Order 13771.                                          about this rule or any policy or action
                                             Guard notify the public more than once.                     This regulatory action determination               of the Coast Guard.
                                             The Coast Guard agrees that notification                 is based on the size, location, duration,
                                             to the public of the existence of this rule              and time-of-day of the safety zone.                   C. Collection of Information
                                             is a key component to ensuring safety.                   Vessel traffic will be able to safely                   This rule will not call for a new
                                             In addition to publication of the NPRM                   transit around this safety zone which                 collection of information under the
                                             and final rule in the Federal Register,                  will impact a small designated area of                Paperwork Reduction Act of 1995 (44
                                             the Coast Guard will provide                             the Delaware River for 1 hour during the              U.S.C. 3501–3520).
                                             notification through Broadcast Notice to                 evening when vessel traffic is normally
                                             Mariners and on-scene notice. There are                                                                        D. Federalism and Indian Tribal
                                                                                                      low. Moreover, the Coast Guard will
                                             no changes in the regulatory text of this                                                                      Governments
                                                                                                      issue a Broadcast Notice to Mariners via
                                             rule from the proposed rule in the                       VHF-FM marine channel 16 about the                       A rule has implications for federalism
                                             NPRM.                                                    zone, and the rule will allow vessels to              under Executive Order 13132,
                                                This rule establishes a temporary                     seek permission to enter the zone.                    Federalism, if it has a substantial direct
                                             safety zone from approximately 8:15                                                                            effect on the States, on the relationship
khammond on DSK30JT082PROD with RULES




                                             p.m. through 9:15 p.m. on November 14,                   B. Impact on Small Entities                           between the national government and
                                             2018, for the navigable waters in the                      The Regulatory Flexibility Act of                   the States, or on the distribution of
                                             vicinity of the Battleship New Jersey                    1980, 5 U.S.C. 601–612, as amended,                   power and responsibilities among the
                                             Museum and Memorial, Camden, NJ,                         requires Federal agencies to consider                 various levels of government. We have
                                             during a fireworks display from a barge.                 the potential impact of regulations on                analyzed this rule under that Order and
                                             The event is scheduled to take place at                  small entities during rulemaking. The                 have determined that it is consistent
                                             approximately 8:35 p.m. on November                      term ‘‘small entities’’ comprises small               with the fundamental federalism


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                                                              Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations                                            57321

                                             principles and preemption requirements                   List of Subjects in 33 CFR Part 165                     (e) Enforcement period. This zone
                                             described in Executive Order 13132.                        Harbors, Marine safety, Navigation                  will be enforced from 8:15 p.m. through
                                                Also, this rule does not have tribal                  (water), Reporting and recordkeeping                  9:15 p.m. on November 14, 2018.
                                             implications under Executive Order                       requirements, Security measures,                        Dated: November 9, 2018.
                                             13175, Consultation and Coordination                     Waterways.                                            S.E. Anderson,
                                             with Indian Tribal Governments,                            For the reasons discussed in the                    Captain, U.S. Coast Guard, Captain of the
                                             because it does not have a substantial                   preamble, the Coast Guard amends 33                   Port Delaware Bay.
                                             direct effect on one or more Indian                      CFR part 165 as follows:                              [FR Doc. 2018–24978 Filed 11–14–18; 8:45 am]
                                             tribes, on the relationship between the
                                                                                                                                                            BILLING CODE 9110–04–P
                                             Federal Government and Indian tribes,                    PART 165—REGULATED NAVIGATION
                                             or on the distribution of power and                      AREAS AND LIMITED ACCESS AREAS
                                             responsibilities between the Federal                                                                           DEPARTMENT OF HOMELAND
                                             Government and Indian tribes. If you                     ■ 1. The authority citation for part 165
                                                                                                      continues to read as follows:                         SECURITY
                                             believe this rule has implications for
                                             federalism or Indian tribes, please                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Coast Guard
                                             contact the person listed in the FOR                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             FURTHER INFORMATION CONTACT section.                     Department of Homeland Security Delegation            33 CFR Part 165
                                                                                                      No. 0170.1.
                                             E. Unfunded Mandates Reform Act                                                                                [Docket No. USCG–2018–0907]
                                                                                                      ■ 2. Add § 165.T05–0948 to read as
                                               The Unfunded Mandates Reform Act                       follows:                                              Safety Zone; Santa Spectacular, Ohio
                                             of 1995 (2 U.S.C. 1531–1538) requires                                                                          River, Monongahela River, Allegheny
                                                                                                      § 165.T05–0948 Safety Zone; Delaware
                                             Federal agencies to assess the effects of                River; Camden, NJ; Fireworks Display.                 River, Pittsburgh, PA
                                             their discretionary regulatory actions. In
                                                                                                         (a) Location. The following area is a              AGENCY:  Coast Guard, DHS.
                                             particular, the Act addresses actions
                                                                                                      safety zone: All waters of the Delaware               ACTION: Notice of enforcement of
                                             that may result in the expenditure by a
                                                                                                      River within a 600-foot radius of the                 regulation.
                                             State, local, or tribal government, in the
                                                                                                      fireworks barge, which will be anchored
                                             aggregate, or by the private sector of
                                                                                                      in approximate position 39°56′20″ N                   SUMMARY:    The Coast Guard will enforce
                                             $100,000,000 (adjusted for inflation) or
                                                                                                      Latitude 075°08′08″ W Longitude. All                  the safety zone for the Santa Spectacular
                                             more in any one year. Though this rule
                                                                                                      coordinates are based on Datum NAD                    Fireworks to provide for the safety of
                                             will not result in such an expenditure,
                                                                                                      1983.                                                 persons, vessels, and the marine
                                             we do discuss the effects of this rule                      (b) Definitions. As used in this
                                             elsewhere in this preamble.                                                                                    environment on the navigable waters of
                                                                                                      section, designated representative                    the Ohio River, Monongahela River and
                                             F. Environment                                           means a Coast Guard Patrol                            Allegheny River during this event. Our
                                                                                                      Commander, including a Coast Guard                    regulation for marine events within the
                                               We have analyzed this rule under                       petty officer, warrant or commissioned
                                             Department of Homeland Security                                                                                Eighth Coast Guard District identifies
                                                                                                      officer on board a Coast Guard vessel or              the regulated area for this event in
                                             Directive 023–01 and Commandant                          on board a federal, state, or local law
                                             Instruction M16475.1D, which guide the                                                                         Pittsburgh, PA. During the enforcement
                                                                                                      enforcement vessel assisting the Captain              period, entry into this zone is prohibited
                                             Coast Guard in complying with the                        of the Port, Delaware Bay in the
                                             National Environmental Policy Act of                                                                           unless authorized by the Captain of the
                                                                                                      enforcement of the safety zone.                       Port Marine Safety Unit Pittsburgh or a
                                             1969 (42 U.S.C. 4321–4370f), and have                       (c) Regulations. (1) Under the general
                                             made a preliminary determination that                                                                          designated representative.
                                                                                                      safety zone regulations in subpart C of               DATES: The regulations in 33 CFR
                                             this action is one of a category of actions              this part—you may not enter the safety
                                             that do not individually or cumulatively                                                                       165.801, Table 1, Line 64 will be
                                                                                                      zone described in paragraph (a) of this               enforced from 8 p.m. through 9:30 p.m.
                                             have a significant effect on the human                   section unless authorized by the COTP
                                             environment. This rule involves a safety                                                                       on November 16, 2018.
                                                                                                      or the COTP’s designated representative;
                                             zone lasting 1 hour that will prohibit                                                                         FOR FURTHER INFORMATION CONTACT: If
                                                                                                      and all persons and vessels in the safety
                                             entry within 600 feet of a fireworks                                                                           you have questions about this notice of
                                                                                                      zone must comply with all lawful orders
                                             barge. Normally such actions are                                                                               enforcement, call or email Petty Officer
                                                                                                      or directions given to them by the COTP
                                             categorically excluded from further                                                                            Jennifer Haggins, Marine Safety Unit
                                                                                                      or the COTP’s designated representative.
                                             review under paragraph L60(a) of                            (2) To request permission to enter the             Pittsburgh, U.S. Coast Guard; telephone
                                             Appendix A, Table 1 of DHS Instruction                   safety zone, contact the COTP or the                  412–221–0807, email
                                             Manual 023–01–001–01, Rev. 01. A                         COTP’s representative on marine band                  Jennifer.L.Haggins@uscg.mil.
                                             preliminary Record of Environmental                      radio VHF–FM channel 16 (156.8 MHz)                   SUPPLEMENTARY INFORMATION: The Coast
                                             Consideration supporting this                            or 215–271–4807.                                      Guard will enforce a temporary safety
                                             determination is available in the docket                    (3) No vessel may take on bunkers or               zone for the Santa Spectacular
                                             where indicated under ADDRESSES.                         conduct lightering operations within the              Fireworks Race in 33 CFR 165.801,
                                                                                                      safety zone during the enforcement                    Table 1, titled ‘‘Sector Ohio Valley
                                             G. Protest Activities
                                                                                                      period.                                               Annual and Recurring Safety Zones,’’
                                               The Coast Guard respects the First                        (4) This section applies to all vessels            line 64, from 8 p.m. through 9:30 p.m.
                                             Amendment rights of protesters.                          except those engaged in law                           on November 16, 2018. This action is
khammond on DSK30JT082PROD with RULES




                                             Protesters are asked to contact the                      enforcement, aids to navigation                       being taken to provide for the safety of
                                             person listed in the FOR FURTHER                         servicing, and emergency response                     persons, vessels, and the marine
                                             INFORMATION CONTACT section to                           operations.                                           environment on the navigable waters of
                                             coordinate protest activities so that your                  (d) Enforcement. The U.S. Coast                    the Ohio River, Monongahela River and
                                             message can be received without                          Guard may be assisted in the patrol and               Allegheny River during this event. Our
                                             jeopardizing the safety or security of                   enforcement of the safety zone by                     regulation for marine events within the
                                             people, places, or vessels.                              federal, state, and local agencies.                   Eighth Coast Guard District, § 165.801


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Document Created: 2018-11-15 04:00:30
Document Modified: 2018-11-15 04:00:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:15 p.m. through 9:15 p.m. on November 14, 2018.
ContactIf you have questions on this rule, 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 57319 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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