83_FR_58409 83 FR 58186 - Safety Zone; Penn's Landing Fireworks, Delaware River, Philadelphia PA

83 FR 58186 - Safety Zone; Penn's Landing Fireworks, Delaware River, Philadelphia PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 223 (November 19, 2018)

Page Range58186-58188
FR Document2018-25129

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

Federal Register, Volume 83 Issue 223 (Monday, November 19, 2018)
[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Rules and Regulations]
[Pages 58186-58188]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25129]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

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

DATES: This rule is effective December 19, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0371 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 Edmund Ofalt, U.S. Coast Guard, Sector 
Delaware Bay, Waterways Management Division; telephone 215-271-4814, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard routinely receives requests for fireworks displays 
in the Delaware River Adjacent to Penn's Landing in Philadelphia, 
Pennsylvania. As a result, the Coast Guard previously issued a rule 
creating a recurring safety zone location for this location, listed as 
entry (a)16 in the table to 33 CFR 165.506. That regulation lists 
possible days of anticipated enforcement as July 2nd, 3rd, 4th, or 5th; 
Columbus Day; December 31st, and January 1st. In recent years, however, 
the number of firework events at this location have significantly 
increased. To date in the year 2018 there have been 13 requests for 
fireworks events at this location--many more than the anticipated 
number of approximately 3 events covered by the current regulation. The 
additional requests fall outside the enforcement dates listed in the 
CFR. As a result, the Coast Guard had to issue numerous temporary 
safety zones to cover the additional events that fall outside of the 
coverage of the current regulation. In accordance with good cause 
exceptions found in 5 U.S.C. 553, the rules creating these temporary 
safety zones are generally not preceded by notice of proposed 
rulemaking due to the short lead-time often provided to the Coast 
Guard.
    In response, on September 21, 2018, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled ``Safety Zone; Penn's 
Landing Fireworks, Delaware River, Philadelphia PA'' (83 FR 47852). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action. During the comment period that ended 
October 22, 2018, we received one comment.

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 to be used in this type 
of display will be a safety concern for anyone within a 500 yard radius 
of the fireworks barge. The purpose of this rule is to ensure safety of 
vessels and the navigable waters in the safety zone before, during and 
after the scheduled event.

[[Page 58187]]

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published 
September 21, 2018. The comment was supportive of the proposed 
rulemaking. There are no changes in the regulatory text of this rule 
from the proposed rule in the NPRM.
    This rule revises the recurring fireworks safety zone near Penn's 
Landing, listed as entry (a)16 in the table to 33 CFR 165.506. Although 
this safety zone will be January through December each year, 
enforcement of the safety zone will only be for short periods of time 
before, during and after fireworks shows at this location. In order to 
promote clarity, Penn's Landing has been added to the location column 
of the revised regulatory text. The column defining the boundaries of 
the regulated area has also been updated to improve clarity and more 
efficiently define the regulated area. The revised safety zone will 
cover all navigable waters of the Delaware River within 500 yards of a 
fireworks barge located at approximately 39[deg]56'49'' N, longitude 
075[deg]08'11'' W, adjacent to Penn's Landing, Philadelphia, 
Pennsylvania.

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. Only a small, 
designated area of the Delaware River will be impacted during 
enforcement. Consistent with the current regulatory text found in 33 
CFR 165.506(d), the default time period this zone will be enforced 
during each activation is between 5:30 p.m. and 1 a.m. That regulation, 
however, allows for modifications in this timeframe. In practice, the 
zone is typically activated with only a two-hour enforcement time 
period. During the evening, when enforcement is occurring, commercial 
and recreational traffic is normally low. Notification of enforcement 
dates and times will be made, at a minimum, to the maritime community 
via Notice of Enforcement published in the Federal Register, Broadcast 
Notice to Mariners, and actual notice will be provided via on-scene 
enforcement vessels. Notifications will be updated as necessary to keep 
the maritime community informed of the status of the safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard 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 (Public Law 104-121), we want to assist small 
entities in understanding this 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 
principles and preemption requirements described in Executive 
Order13132.
    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 determined that this action is 
one of a

[[Page 58188]]

category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
safety zone that will only be enforced for a short duration and 
excludes vessels from entry into or remaining within a specified area 
on the Delaware River. It is 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 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. In Sec.  165.506, revise entry (a)16 in the table to Sec.  165.506 
to read as follows:


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

* * * * *

                         Table to Sec.   165.506
------------------------------------------------------------------------
 
------------------------------------------------------------------------
             (a) Coast Guard Sector Delaware Bay--COTP Zone
------------------------------------------------------------------------
 
                              * * * * * * *
16 January 1st-December 31st:   Penn's Landing,    All waters of
 Any day specified by Notice     Delaware River,    Delaware River,
 of Enforcement published in     Philadelphia PA;   adjacent to Penn's
 the Federal Register and        Safety Zone.       Landing,
 broadcast via Broadcast                            Philadelphia, PA,
 Notice to Mariners.                                within 500 yards of
                                                    a fireworks barge at
                                                    approximate position
                                                    latitude
                                                    39[deg]56'49'' N,
                                                    longitude
                                                    075[deg]08'11'' W.
 
                              * * * * * * *
------------------------------------------------------------------------


    Dated: November 13, 2018,
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2018-25129 Filed 11-16-18; 8:45 am]
 BILLING CODE 9110-04-P



                                             58186            Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Rules and Regulations

                                             deviation, call or email Carl T. Hausner,               operating schedule immediately at the                 I. Table of Abbreviations
                                             Chief, Bridge Section, Eleventh Coast                   end of the effective period of this                   CFR Code of Federal Regulations
                                             Guard District; telephone 510–437–                      temporary deviation. This deviation                   DHS Department of Homeland Security
                                             3516, email Carl.T.Hausner@uscg.mil.                    from the operating regulations is                     FR Federal Register
                                             SUPPLEMENTARY INFORMATION: The                          authorized under 33 CFR 117.35.                       NPRM Notice of proposed rulemaking
                                             California Department of Transportation                   Dated: November 6, 2018.                            § Section
                                             has requested a temporary change to the                                                                       U.S.C. United States Code
                                                                                                     Carl T. Hausner,
                                             operation of the Rio Vista Drawbridge,                  District Bridge Chief, Eleventh Coast Guard           II. Background Information and
                                             mile 12.8, over the Sacramento River, at                District.                                             Regulatory History
                                             Rio Vista, CA. The drawbridge
                                                                                                     [FR Doc. 2018–25153 Filed 11–16–18; 8:45 am]
                                             navigation span provides a vertical                                                                              The Coast Guard routinely receives
                                                                                                     BILLING CODE 9110–04–P
                                             clearance of 18 feet above Mean High                                                                          requests for fireworks displays in the
                                             Water in the closed-to-navigation                                                                             Delaware River Adjacent to Penn’s
                                             position. In accordance with 33 CFR                                                                           Landing in Philadelphia, Pennsylvania.
                                                                                                     DEPARTMENT OF HOMELAND
                                             117.5, the draw opens on signal.                                                                              As a result, the Coast Guard previously
                                                                                                     SECURITY
                                             Navigation on the waterway is                                                                                 issued a rule creating a recurring safety
                                             commercial and recreational.                            Coast Guard                                           zone location for this location, listed as
                                                From November 15, 2018 to February                                                                         entry (a)16 in the table to 33 CFR
                                             15, 2019, the draw shall open for                       33 CFR Part 165                                       165.506. That regulation lists possible
                                             recreational vessels in accordance with                                                                       days of anticipated enforcement as July
                                             the following schedule: Monday                          [Docket Number USCG–2018–0371]                        2nd, 3rd, 4th, or 5th; Columbus Day;
                                             through Friday, 7 a.m. to 3:30 p.m., the                                                                      December 31st, and January 1st. In
                                             draw need not open for the passage of                   RIN 1625–AA00                                         recent years, however, the number of
                                             recreational vessels except between 11                                                                        firework events at this location have
                                             a.m. and noon when the draw shall                       Safety Zone; Penn’s Landing                           significantly increased. To date in the
                                             open on signal when notice is given to                  Fireworks, Delaware River,                            year 2018 there have been 13 requests
                                             the bridge tender. The draw shall open                  Philadelphia PA                                       for fireworks events at this location—
                                             on signal, Monday through Friday, 3:30                                                                        many more than the anticipated number
                                                                                                     AGENCY:    Coast Guard, DHS.
                                             p.m. to 7 a.m. the following morning, if                                                                      of approximately 3 events covered by
                                             at least a 4-hour notification is given to              ACTION:   Final rule.
                                                                                                                                                           the current regulation. The additional
                                             the bridge tender. The draw shall open                  SUMMARY:   The Coast Guard is amending                requests fall outside the enforcement
                                             on signal from 7 a.m. on Saturday                                                                             dates listed in the CFR. As a result, the
                                                                                                     the existing recurring fireworks safety
                                             though 11:59 p.m. on Sunday when                                                                              Coast Guard had to issue numerous
                                                                                                     zone on the Delaware River Adjacent to
                                             notice is given to the bridge tender.                                                                         temporary safety zones to cover the
                                                From November 15, 2018 to February                   Penn’s Landing in Philadelphia,
                                                                                                     Pennsylvania. This amendment allows                   additional events that fall outside of the
                                             15, 2019, the draw shall open for                                                                             coverage of the current regulation. In
                                             commercial vessels in accordance with                   the Coast Guard to enforce the safety
                                                                                                     zone at this location throughout the                  accordance with good cause exceptions
                                             the following schedule: The draw shall                                                                        found in 5 U.S.C. 553, the rules creating
                                             open on signal from midnight on                         entire year. The Coast Guard will notify
                                                                                                     the public of upcoming enforcement of                 these temporary safety zones are
                                             Monday through 7 a.m. on Saturday if                                                                          generally not preceded by notice of
                                             at least a 4-hour notification is given to              the zone through publication of a Notice
                                                                                                     of Enforcement in the Federal Register                proposed rulemaking due to the short
                                             the bridge tender. The draw shall open                                                                        lead-time often provided to the Coast
                                             on signal from 7 a.m. on Saturday                       and Broadcast Notice to Mariners. This
                                                                                                     change will expedite public notification              Guard.
                                             through 11:59 p.m. on Sunday when
                                             notice is given to the bridge tender.                   of events at the location and ensure the                 In response, on September 21, 2018,
                                                The temporary schedule change will                   protection of the maritime public and                 the Coast Guard published a notice of
                                             allow the bridge owner to conduct                       event participants from the hazards                   proposed rulemaking (NPRM) titled
                                             needed maintenance and painting on                      associated with fireworks displays in                 ‘‘Safety Zone; Penn’s Landing
                                             the lift span portion of the bridge. This               the Delaware River adjacent to Penn’s                 Fireworks, Delaware River, Philadelphia
                                             temporary deviation has been                            Landing.                                              PA’’ (83 FR 47852). There we stated
                                             coordinated with the waterway users.                                                                          why we issued the NPRM, and invited
                                                                                                     DATES: This rule is effective December
                                             No objections to the proposed                                                                                 comments on our proposed regulatory
                                                                                                     19, 2018.
                                             temporary deviation were raised.                                                                              action. During the comment period that
                                                                                                     ADDRESSES: To view documents                          ended October 22, 2018, we received
                                                Vessels able to pass through the
                                                                                                     mentioned in this preamble as being                   one comment.
                                             bridge in the closed position may do so
                                                                                                     available in the docket, go to https://
                                             at anytime. The bridge will be able to                                                                        III. Legal Authority and Need for Rule
                                                                                                     www.regulations.gov, type USCG–2018–
                                             open for emergencies in accordance
                                                                                                     0371 in the ‘‘SEARCH’’ box and click                     The Coast Guard is issuing this rule
                                             with 33 CFR 117.31(b). There is no
                                                                                                     ‘‘SEARCH.’’ Click on Open Docket                      under authority in 33 U.S.C. 1231. The
                                             immediate alternate route for vessels to
                                                                                                     Folder on the line associated with this               Captain of the Port Delaware Bay
                                             pass. The Coast Guard will also inform
                                                                                                     rule.                                                 (COTP) has determined that potential
                                             the users of the waterway through our
                                             Local and Broadcast Notices to Mariners                 FOR FURTHER INFORMATION CONTACT: If                   hazards associated with the fireworks to
khammond on DSK30JT082PROD with RULES




                                             of the change in operating schedule for                 you have questions on this rule, call or              be used in this type of display will be
                                             the bridge so vessel operators can                      email Petty Officer Edmund Ofalt, U.S.                a safety concern for anyone within a 500
                                             arrange their transits to minimize any                  Coast Guard, Sector Delaware Bay,                     yard radius of the fireworks barge. The
                                             impact caused by the temporary                          Waterways Management Division;                        purpose of this rule is to ensure safety
                                             deviation.                                              telephone 215–271–4814, email                         of vessels and the navigable waters in
                                                In accordance with 33 CFR 117.35(e),                 Edmund.J.Ofalt@uscg.mil.                              the safety zone before, during and after
                                             the drawbridge must return to its regular               SUPPLEMENTARY INFORMATION:                            the scheduled event.


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                                                              Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Rules and Regulations                                        58187

                                             IV. Discussion of Comments, Changes,                    activation is between 5:30 p.m. and 1                 wish to comment on actions by
                                             and the Rule                                            a.m. That regulation, however, allows                 employees of the Coast Guard, call 1–
                                                As noted above, we received one                      for modifications in this timeframe. In               888–REG–FAIR (1–888–734–3247). The
                                             comment on our NPRM published                           practice, the zone is typically activated             Coast Guard will not retaliate against
                                             September 21, 2018. The comment was                     with only a two-hour enforcement time                 small entities that question or complain
                                                                                                     period. During the evening, when                      about this rule or any policy or action
                                             supportive of the proposed rulemaking.
                                                                                                     enforcement is occurring, commercial                  of the Coast Guard.
                                             There are no changes in the regulatory
                                                                                                     and recreational traffic is normally low.
                                             text of this rule from the proposed rule                                                                      C. Collection of Information
                                                                                                     Notification of enforcement dates and
                                             in the NPRM.                                                                                                    This rule will not call for a new
                                                                                                     times will be made, at a minimum, to
                                                This rule revises the recurring                                                                            collection of information under the
                                                                                                     the maritime community via Notice of
                                             fireworks safety zone near Penn’s                                                                             Paperwork Reduction Act of 1995 (44
                                                                                                     Enforcement published in the Federal
                                             Landing, listed as entry (a)16 in the                                                                         U.S.C. 3501–3520).
                                                                                                     Register, Broadcast Notice to Mariners,
                                             table to 33 CFR 165.506. Although this
                                                                                                     and actual notice will be provided via
                                             safety zone will be January through                                                                           D. Federalism and Indian Tribal
                                                                                                     on-scene enforcement vessels.
                                             December each year, enforcement of the                                                                        Governments
                                                                                                     Notifications will be updated as
                                             safety zone will only be for short                      necessary to keep the maritime                           A rule has implications for federalism
                                             periods of time before, during and after                community informed of the status of the               under Executive Order 13132,
                                             fireworks shows at this location. In                    safety zone.                                          Federalism, if it has a substantial direct
                                             order to promote clarity, Penn’s Landing                                                                      effect on the States, on the relationship
                                             has been added to the location column                   B. Impact on Small Entities                           between the national government and
                                             of the revised regulatory text. The                        The Regulatory Flexibility Act of                  the States, or on the distribution of
                                             column defining the boundaries of the                   1980, 5 U.S.C. 601–612, as amended,                   power and responsibilities among the
                                             regulated area has also been updated to                 requires Federal agencies to consider                 various levels of government. We have
                                             improve clarity and more efficiently                    the potential impact of regulations on                analyzed this rule under that Order and
                                             define the regulated area. The revised                  small entities during rulemaking. The                 have determined that it is consistent
                                             safety zone will cover all navigable                    term ‘‘small entities’’ comprises small               with the fundamental federalism
                                             waters of the Delaware River within 500                 businesses, not-for-profit organizations              principles and preemption requirements
                                             yards of a fireworks barge located at                   that are independently owned and                      described in Executive Order13132.
                                             approximately 39°56′49″ N, longitude                    operated and are not dominant in their                   Also, this rule does not have tribal
                                             075°08′11″ W, adjacent to Penn’s                        fields, and governmental jurisdictions                implications under Executive Order
                                             Landing, Philadelphia, Pennsylvania.                    with populations of less than 50,000.                 13175, Consultation and Coordination
                                             V. Regulatory Analyses                                  The Coast Guard received no comments                  with Indian Tribal Governments,
                                                                                                     from the Small Business Administration                because it does not have a substantial
                                               We developed this rule after                          on this rulemaking. The Coast Guard                   direct effect on one or more Indian
                                             considering numerous statutes and                       certifies under 5 U.S.C. 605(b) that this             tribes, on the relationship between the
                                             Executive orders related to rulemaking.                 rule will not have a significant                      Federal Government and Indian tribes,
                                             Below we summarize our analyses                         economic impact on a substantial                      or on the distribution of power and
                                             based on a number of these statutes and                 number of small entities.                             responsibilities between the Federal
                                             Executive orders, and we discuss First                     While some owners or operators of                  Government and Indian tribes. If you
                                             Amendment rights of protestors.                         vessels intending to transit the safety               believe this rule has implications for
                                             A. Regulatory Planning and Review                       zone may be small entities, for the                   federalism or Indian tribes, please
                                                                                                     reasons stated in section V.A above, this             contact the person listed in the FOR
                                                Executive Orders 12866 and 13563                     rule will not have a significant                      FURTHER INFORMATION CONTACT section.
                                             direct agencies to assess the costs and                 economic impact on any vessel owner
                                             benefits of available regulatory                        or operator.                                          E. Unfunded Mandates Reform Act
                                             alternatives and, if regulation is                         Under section 213(a) of the Small                    The Unfunded Mandates Reform Act
                                             necessary, to select regulatory                         Business Regulatory Enforcement                       of 1995 (2 U.S.C. 1531–1538) requires
                                             approaches that maximize net benefits.                  Fairness Act of 1996 (Public Law 104–                 Federal agencies to assess the effects of
                                             Executive Order 13771 directs agencies                  121), we want to assist small entities in             their discretionary regulatory actions. In
                                             to control regulatory costs through a                   understanding this rule.                              particular, the Act addresses actions
                                             budgeting process. This rule has not                       If the rule would affect your small                that may result in the expenditure by a
                                             been designated a ‘‘significant                         business, organization, or governmental               State, local, or tribal government, in the
                                             regulatory action,’’ under Executive                    jurisdiction and you have questions                   aggregate, or by the private sector of
                                             Order 12866. Accordingly, this rule has                 concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                             not been reviewed by the Office of                      compliance, please contact the person                 more in any one year. Though this rule
                                             Management and Budget (OMB), and                        listed in the FOR FURTHER INFORMATION                 will not result in such an expenditure,
                                             pursuant to OMB guidance it is exempt                   CONTACT section.                                      we do discuss the effects of this rule
                                             from the requirements of Executive                         Small businesses may send comments                 elsewhere in this preamble.
                                             Order 13771.                                            on the actions of Federal employees
                                                This regulatory action determination                 who enforce, or otherwise determine                   F. Environment
                                             is based on the size, location, duration                compliance with, Federal regulations to                 We have analyzed this rule under
khammond on DSK30JT082PROD with RULES




                                             and time of day of the safety zone. Only                the Small Business and Agriculture                    Department of Homeland Security
                                             a small, designated area of the Delaware                Regulatory Enforcement Ombudsman                      Directive 023–01 and Commandant
                                             River will be impacted during                           and the Regional Small Business                       Instruction M16475.1D, which guide the
                                             enforcement. Consistent with the                        Regulatory Fairness Boards. The                       Coast Guard in complying with the
                                             current regulatory text found in 33 CFR                 Ombudsman evaluates these actions                     National Environmental Policy Act of
                                             165.506(d), the default time period this                annually and rates each agency’s                      1969 (42 U.S.C. 4321–4370f), and have
                                             zone will be enforced during each                       responsiveness to small business. If you              determined that this action is one of a


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                                             58188            Federal Register / Vol. 83, No. 223 / Monday, November 19, 2018 / Rules and Regulations

                                             category of actions that do not                         G. Protest Activities                                   For the reasons discussed in the
                                             individually or cumulatively have a                                                                           preamble, the Coast Guard amends 33
                                             significant effect on the human                           The Coast Guard respects the First                  CFR part 165 as follows:
                                             environment. This rule involves a safety                Amendment rights of protesters.
                                             zone that will only be enforced for a                   Protesters are asked to contact the                   PART 165—REGULATED NAVIGATION
                                             short duration and excludes vessels                     person listed in the FOR FURTHER                      AREAS AND LIMITED ACCESS AREAS
                                             from entry into or remaining within a                   INFORMATION CONTACT section to
                                                                                                     coordinate protest activities so that your            ■ 1. The authority citation for part 165
                                             specified area on the Delaware River. It                                                                      continues to read as follows:
                                             is categorically excluded from further                  message can be received without
                                                                                                     jeopardizing the safety or security of                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             review under paragraph L60(a) of                                                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             Appendix A, Table 1 of DHS Instruction                  people, places or vessels.
                                                                                                                                                           Department of Homeland Security Delegation
                                             Manual 023–01–001–01, Rev. 01. A                        List of Subjects in 33 CFR Part 165                   No. 0170.1.
                                             Record of Environmental Consideration                                                                         ■ 2. In § 165.506, revise entry (a)16 in
                                             supporting this determination is                          Harbors, Marine safety, Navigation
                                                                                                                                                           the table to § 165.506 to read as follows:
                                             available in the docket where indicated                 (water), Reporting and recordkeeping
                                             under ADDRESSES.                                        requirements, Security measures,                      § 165.506 Safety Zones; Fireworks
                                                                                                     Waterways.                                            Displays in the Fifth Coast Guard District.
                                                                                                                                                           *        *       *        *   *

                                                                                                                 TABLE TO § 165.506

                                                                                                 (a) Coast Guard Sector Delaware Bay—COTP Zone


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

                                                       *                       *                       *                      *                       *                          *              *



                                               Dated: November 13, 2018,                             sections 22a–174–40, 22a–174–41, and                  Monday through Friday, 8:30 a.m. to
                                             Scott E. Anderson,                                      adding section 22a–174–41a. The                       4:30 p.m., excluding legal holidays.
                                             Captain, U.S. Coast Guard, Captain of the               intended effect of this action is to                  FOR FURTHER INFORMATION CONTACT:
                                             Port Delaware Bay.                                      approve these regulations into the                    David L. Mackintosh, Air Quality
                                             [FR Doc. 2018–25129 Filed 11–16–18; 8:45 am]            Connecticut SIP. This action is being                 Planning Unit, U.S. Environmental
                                             BILLING CODE 9110–04–P                                  taken in accordance with the Clean Air                Protection Agency, EPA Region 1, 5 Post
                                                                                                     Act (CAA).                                            Office Square—Suite 100, (Mail code
                                                                                                     DATES: Written comments must be                       OEP05–2), Boston, MA 02109–3912, tel.
                                             ENVIRONMENTAL PROTECTION                                received on or before December 19,                    617–918–1584, email
                                             AGENCY                                                  2018.                                                 Mackintosh.David@epa.gov.
                                                                                                     ADDRESSES:     EPA has established a                  SUPPLEMENTARY INFORMATION:
                                             40 CFR Part 52                                                                                                Throughout this document whenever
                                                                                                     docket for this action under Docket
                                             [EPA–R01–OAR–2018–0099; A–1–FRL–                        Identification No. EPA–R01–OAR–                       ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                             9983–32–Region 1]                                       2018–0099. All documents in the docket                EPA.
                                                                                                     are listed on the www.regulations.gov                 Table of Contents
                                             Air Plan Approval; Connecticut;                         website. Although listed in the index,
                                             Volatile Organic Compound Emissions                                                                           I. Background and Purpose
                                                                                                     some information is not publicly
                                             From Consumer Products and                                                                                    II. Response to Comments
                                                                                                     available, i.e., CBI or other information             III. Final Action
                                             Architectural and Industrial                            whose disclosure is restricted by statute.
                                             Maintenance Coatings                                                                                          IV. Incorporation by Reference
                                                                                                     Certain other material, such as                       V. Statutory and Executive Order Reviews
                                             AGENCY:  Environmental Protection                       copyrighted material, is not placed on
                                                                                                     the internet and will be publicly                     I. Background and Purpose
                                             Agency (EPA).
                                             ACTION: Final rule.                                     available only in hard copy form.                        On June 4, 2018 (83 FR 25615), EPA
                                                                                                     Publicly available docket materials are               issued a notice of proposed rulemaking
                                             SUMMARY:   The Environmental Protection                 available at www.regulations.gov or at                (NPR) for the State of Connecticut. In
                                             Agency (EPA) is approving a State                       the U.S. Environmental Protection                     the NPR, EPA proposed approval of SIP
                                             Implementation Plan (SIP) revision                      Agency, EPA Region 1, Office of                       revisions submitted by the Connecticut
                                             submitted by the State of Connecticut.                  Ecosystem Protection, Air Quality                     Department of Energy and
khammond on DSK30JT082PROD with RULES




                                             The SIP revision amends requirements                    Planning Unit, 5 Post Office Square—                  Environmental Protection (CT DEEP) on
                                             for controlling volatile organic                        Suite 100, Boston, MA. EPA requests                   October 18, 2017. The SIP submittal
                                             compound (VOC) emissions from                           that if at all possible, you contact the              included revised sections 22a–174–40
                                             consumer products and architectural                     contact listed in the FOR FURTHER                     ‘‘Consumer Products’’ and 22a–174–41
                                             and industrial maintenance (AIM)                        INFORMATION CONTACT section to                        ‘‘Architectural and Industrial
                                             coatings by revising Regulations of                     schedule your inspection. The Regional                Maintenance Products—Phase 1’’ and
                                             Connecticut State Agencies (RCSA)                       Office’s official hours of business are               adds new section 22a–174–41a


                                        VerDate Sep<11>2014   15:51 Nov 16, 2018   Jkt 247001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\19NOR1.SGM       19NOR1



Document Created: 2018-11-17 02:46:25
Document Modified: 2018-11-17 02:46:25
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
ActionFinal rule.
DatesThis rule is effective December 19, 2018.
ContactIf you have questions on this rule, call or email Petty Officer Edmund Ofalt, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division; telephone 215-271-4814, email [email protected]
FR Citation83 FR 58186 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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