Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 30863 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0450] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Delaware Bay, Lewes, DE 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Delaware Bay off Lewes, 

DE from 9 p.m. to 10 p.m. on July 4, 

2018 during the Lewes, DE Fireworks 

Display. The safety zone is necessary to 

ensure the safety of participant vessels, 

spectators, and the boating public 

during the event. This regulation 

prohibits persons and non-participant 

vessels from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port (COTP) 

Delaware Bay or a designated 

representative. 

DATES: This rule is effective from 9 p.m. 

to 10 p.m. on July 4, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0450 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 MST1 Edmund Ofalt, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division, Coast Guard; 

telephone (215) 271–4814, email 

Edmund.J.Ofalt@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

TFR Temporary Final Rule 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable and contrary to the public 

interest to do so. There is insufficient 

time to allow for a reasonable comment 

period prior to the date of the event. The 

rule must be in force by July 4, 2018 to 

serve its purpose of ensuring the safety 

of spectators and the general public 

from hazards associated with the 

fireworks display. Hazards include 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. 

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 July 4, 2018 will be a safety 

concern for anyone within a 350 yard 

radius of the fireworks barge, which will 

be anchored in approximate position 

38°47′12.07′′ N, 075°07′48.89′′ W. This 

rule is needed to protect persons, 

vessels and the public within the safety 

zone during the fireworks display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on the waters of Delaware 

Bay off Lewes, DE during a fireworks 

display from a barge. The event is 

scheduled to take place from 9 p.m. to 

10 p.m. on July 4, 2018. The safety zone 

will extend 350 yards around the barge, 

which will be anchored at approximate 

position 38°47′12.07′′ N, 075°07′48.89′′ 

W. No person or vessel will be 

permitted to enter, transit through, 

anchor in, or remain within the safety 

zone without obtaining permission from 

the COTP Delaware Bay or a designated 

representative. If authorization to enter, 

transit through, anchor in, or remain 

within the safety zone is granted by the 

COTP Delaware Bay or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Delaware Bay or a designated 

representative. The Coast Guard will 

provide public notice of the safety zone 

by Local Notice to Mariners, Broadcast 

Notice to Mariners, and by on-scene 

actual notice from designated 

representatives. The regulatory text we 

are proposing appears at the end of this 

document. 

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 rule will not have a significant 

economic impact on any vessel owner 

or operator for the following reasons: (1) 

Although persons and vessels may not 

enter, transit through, anchor in, or 

remain within the safety zone without 

authorization from the COTP Delaware 

Bay or a designated representative, they 

may operate in the surrounding area 

during the enforcement period; (2) 

persons and vessels will still be able to 

enter, transit through, anchor in, or 

remain within the regulated area if 

authorized by the COTP Delaware Bay 

or a designated representative; and (3) 

the Coast Guard will provide advance 

notification of the safety zone to the 

local maritime community by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, or by on-scene actual notice 

from designated representatives. 

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 


daltland on DSKBBV9HB2PROD with RULES
30864 Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 

with populations of less than 50,000. 

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 IV.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 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 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 

above. 

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 

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 prohibit persons and 

vessels from entering, transiting 

through, anchoring in, or remaining 

within a limited area on the navigable 

water in the Delaware Bay, during a 

fireworks display lasting approximately 

one hour. This rule 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 preliminary Record 

of Environmental Consideration (REC) 

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 

■ 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. 

■ 2. Add § 165.T05–0450 to read as 

follows: 

§ 165.T05–0450 Safety Zone; Safety Zone; 

Fireworks, Delaware River, Philadelphia PA. 

(a) Location. The following area is a 

safety zone: All waters of Delaware Bay 

off Lewes, DE within 350 yards of the 

barge anchored in approximate position 

38°47′12.07′′ N, 075°07′48.89′′ W. These 

coordinates are based on the 1984 

World Geodedic System (WGS 84). 

(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 (COTP), Delaware Bay in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, all persons and vessels are 

prohibited from entering the safety zone 

described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter or 

remain in the zone, contact the COTP or 

the COTP’s representative via VHF–FM 

channel 16 or 215–271–4807. Those in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(3) 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 approximately 9 

p.m. to 10 p.m. on July 4, 2018. 


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Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Rules and Regulations 30865 

Dated: June 20, 2018. 

S.E. Anderson, 

Captain, U.S. Coast Guard Captain of the 

Port Delaware Bay. 

[FR Doc. 2018–14103 Filed 6–29–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0633] 

RIN 1625–AA00 

Safety Zone; Columbia River, 

Kennewick, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of the Columbia River 

near Columbia Park in Kennewick, WA. 

This action is necessary to provide for 

the safety of life on these navigable 

waters during a fireworks display on 

July 4, 2018. This regulation prohibits 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port Columbia River or a 

designated representative. 

DATES: This rule is effective from 9 p.m. 

to 11:30 p.m. on July 4, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0633 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 LCDR Laura Springer, Waterways 

Management Division, Marine Safety 

Unit Portland, Coast Guard; telephone 

503–240–9319, email msupdxwwm@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

Tri City Water Follies will be 

conducting a fireworks display from 10 

p.m. to 10:30 p.m. on July 4, 2018, to 

commemorate Independence Day. The 

fireworks are to be launched from 

Columbia Park in Kennewick, WA, over 

the Columbia River. Hazards from 

firework displays include accidental 

discharge of fireworks, dangerous 

projectiles, and falling hot embers or 

other debris. The Captain of the Port 

Columbia River (COTP) has determined 

that potential hazards associated with 

the fireworks to be used in this display 

will be a safety concern for anyone 

within a 450-yard radius of the launch 

site. 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it 

would be impracticable to complete a 

notice-and-comment rulemaking by the 

date of the fireworks display, July 4, 

2018. 

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 

because the Coast Guard needs to have 

a safety zone regulation in place by July 

4, 2018, to respond to the potential 

safety hazards associated with the 

fireworks display on that date. 

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 Columbia River 

(COTP) has determined that potential 

hazards associated with the fireworks 

display on July 4, 2018, will be a safety 

concern for anyone within a 450-yard 

radius of the launch site. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

before, during, and after the scheduled 

event. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9 p.m. to 11:30 p.m. on July 4, 

2018. The safety zone will cover all 

navigable waters of the Columbia River 

within 450 yards of a launch site located 

at 46°13′22′′ N, 119°08′30′′ W, in vicinity 

of Columbia Park in Kennewick, WA. 

The duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters an hour before, during, 

and an hour after the scheduled 10 p.m. 

to 10:30 p.m. fireworks display. No 

vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. 

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 Columbia River for approximately 

two and a half hours 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 allows 

vessels to seek permission to enter the 

zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this 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 


daltland on DSKBBV9HB2PROD with RULES