40486 Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations 

enforcement period, no person or vessel, 

except for the safety vessels assisting 

with the events, may enter the safety 

zones without permission of the Captain 

of the Port (COTP) or his designated onscene representative. 

DATES: The regulation in 33 CFR 

165.119(a)(2) and (4) will be enforced 

during the dates and times in the table 

displayed in SUPPLEMENTARY

INFORMATION below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Mark Cutter, 

Sector Boston Waterways Management 

Division, U.S. Coast Guard; telephone 

617–223–4000, email Mark.E.Cutter@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zones 

listed in 33 CFR 165.119(a)(2) and (4) on 

the specified dates and times as 

indicated in the following table: 

33 CFR 165.119 

Name Location Date Time 

Long Wharf Safety Zone .... All U.S. navigable waters of Boston inner Harbor within a 700-foot radius of the fireworks barge in approximate position 42°21′41.2′′ N. 

071°02′36.5′′ W. (NAD 1983), located off of Long Wharf, Boston, MA.

August 31, 2017 ... 8 p.m. to 10 p.m. 

Pier 6 Safety Zone ............. All U.S. navigable waters of Boston inner Harbor within a 700-foot radius of the fireworks barge in approximate position 42°21′11.9′′ N. 

071°02′1.3′′ W. (NAD 1983), located off of Pier 6, South Boston, MA.

August 31, 2017 ... 8 p.m. to 10 p.m. 

The final rule establishing these safety 

zones was published in the Federal 

Register on May 12, 2014 (79 FR 26846). 

This notice of enforcement is issued 

under authority of 33 CFR 165.119 and 

5 U.S.C. 552 (a). During the enforcement 

period, persons and vessels are 

prohibited from entering into, transiting 

through, mooring, or anchoring within 

the safety zone unless they receive 

permission from the COTP or 

designated representative. In addition to 

this notice of enforcement in the 

Federal Register, the Coast Guard plans 

to provide mariners with advanced 

notification of this enforcement period 

via the Local Notice to Mariners. 

Dated: August 21, 2017. 

C.C. Gelzer, 

Captain, U.S. Coast Guard, Captain of the 

Port Boston. 

[FR Doc. 2017–18030 Filed 8–24–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0811] 

RIN 1625–AA00 

Safety Zone, Delaware River; Dredging 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing temporary safety zones in 

portions of Bellevue Range, Marcus 

Hook Range, Anchorage 7 off Marcus 

Hook Range, Chester Range, and 

Eddystone Range, on the Delaware 

River, in Philadelphia, PA. The safety 

zone will temporarily restrict vessel 

traffic from transiting or anchoring in a 

portion of the Delaware River while 

dredging operations are being 

conducted to facilitate the Delaware 

River Main Channel Deepening project 

for the main navigational channel of the 

Delaware River. This regulation is 

necessary to provide for the safety of life 

on navigable waters of the Delaware 

River, in the vicinity of dredging 

activity and is intended to protect 

mariners from the hazards associated 

with pipe-laying and dredging 

operations. 

DATES: This rule is effective from 

August 30, 2017, through March 15, 

2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–0811 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

rulemaking, call or email Petty Officer 

Amanda Boone, U.S. Coast Guard, 

Sector Delaware Bay, Waterways 

Management Division, telephone (215) 

271–4814, email Amanda.N.Boone@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive Order 

FR Federal Register 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

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 doing 

so would be impractical and contrary to 

the public interest. Final details for the 

dredging operation were not received by 

the Coast Guard until August 10, 2017. 

Vessels transiting through Bellevue 

Range, Chester Range, Eddystone Range, 

and Marcus Hook Range or attempting 

to enter the waters of Anchorage 7 off 

Marcus Hook Range during dredging 

operations may be at risk. We are taking 

immediate action to help protect the 

safety of the project personnel, vessels, 

and the marine environment on the 

navigable waters within the safety zones 

while dredging is being conducted. It is 

important to have these regulations in 

effect during dredging operations and it 

is impracticable to delay the regulations. 

We are issuing this rule and, under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register 

because doing so would be contrary to 

the public interest. Allowing this 

dredging operation to go forward 

without safety zones in place would 

expose mariners and the public to 

unnecessary dangers. 


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Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations 40487 

Even though the normal comment 

process was shortened for this rule, we 

are providing an opportunity for public 

comment and, should public comment 

show the need for modifications to the 

regulated area, we may make those 

modifications to the safety zone and 

provide notice of those modifications to 

the affected public. 

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 (COTP), Delaware 

Bay, has determined that potential 

hazards associated with dredging 

operations beginning August 30, 2017, 

will be a safety concern for vessels 

attempting to transit the Delaware River, 

along Bellevue Range, Marcus Hook 

Range, Anchorage 7 off Marcus Hook 

Range, Chester Range, and Eddystone 

Range. This rule is needed to protect 

personnel, vessels, and the marine 

environment on the navigable waters 

within the safety zones while dredging 

operations are being conducted. 

IV. Discussion of the Rule 

The COTP is temporarily establishing 

safety zones on portions of the Delaware 

River from August 30, 2017 until March 

15, 2018, unless cancelled earlier by the 

COTP. The safety zone is necessary to 

facilitate the main channel deepening of 

the Delaware River to 45 feet in 

Bellevue Range, Marcus Hook Range, 

Anchorage 7 off Marcus Hook Range (as 

described in 33 CFR 110.157(a)(8)), 

Chester Range, and Eddystone Range. 

Maintenance dredging in the channel 

will be conducted with the dredges 

ESSEX and CHARLESTON along with 

the associated dredge pipeline. Pipeline 

will be a combination of floating hoses 

immediately behind the dredge and 

submerged pipeline leading to upland 

disposal areas. Due to the hazards 

related to dredging operations, the 

associated pipeline, and the location of 

the submerged pipeline, safety zones 

will be established in the following 

areas: 

(1) Safety zone one includes all waters 

within 250 yards of the dredge and all 

related dredge equipment. This safety 

zone will be established for the duration 

of the maintenance project. Vessels 

requesting to transit shall contact the 

dredge ESSEX and/or dredge 

CHARLESTON on VHF channel 13 or 

16, at least 1 hour, as well as 30 

minutes, prior to arrival. At least one 

side of the main navigational channel 

will be kept clear for safe passage of 

vessels in the vicinity of the safety 

zones. At no time will the main 

navigational channel be closed to vessel 

traffic. Vessels should approach 

meetings in these areas where one side 

of the main navigational channel is 

open and proceed per this rule and the 

Rules of the Road (33 CFR subchapter 

E). 

(2) Safety zone two includes all the 

waters of Anchorage 7 off Marcus Hook 

Range, as described in 33 CFR 

110.157(a)(8). Vessels wishing to anchor 

in Anchorage 7 off Marcus Hook Range 

must obtain permission from the COTP 

at least 24 hours in advance by calling 

(215) 271–4807. The COTP will permit 

two vessels at a time to anchor on a 

‘‘first-come, first-served’’ basis. Vessels 

will only be allowed to anchor for a 12 

hour period. Vessels that require an 

examination by the Public Health 

Service, Customs, or Immigration 

authorities will be directed to an 

anchorage for the required inspection by 

the COTP. Vessels are encouraged to use 

Anchorage 9 near entrance to Mantua 

Creek, Anchorage 10 at Naval Base, 

Philadelphia, and Anchorage 6 off 

Deepwater Point Range as alternative 

anchorages. 

Entry into, transiting, or anchoring 

within the safety zones is prohibited 

unless vessels obtain permission from 

the COTP or make satisfactory passing 

arrangements with the dredge ESSEX 

and/or dredge CHARLESTON per this 

rule and the Rules of the Road (33 CFR 

subchapter E). 

The COTP will implement and 

terminate the safety zones individually 

once all submerged pipeline has been 

recovered and dredging operations are 

completed in each respective range. 

Notice of the implementation and the 

termination of the safety zone will be 

made in accordance with 33 CFR 165.7. 

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, it 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, and 

duration of the safety zones. Although 

this regulation will restrict access to 

regulated areas, the effect of this rule 

will not be significant because there are 

a number of alternate anchorages 

available for vessels to anchor. 

Furthermore, vessels may be permitted 

to transit through the safety zone with 

the permission of the COTP or make 

satisfactory passing arrangements with 

the dredges ESSEX and/or 

CHARLESTON in accordance with this 

rule and the Rules of the Road (33 CFR 

subchapter E). Notification of the safety 

zones to the maritime public will be 

made via maritime advisories allowing 

mariners to alter their plans 

accordingly. 

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 

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 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 


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40488 Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations 

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 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

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 it 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 close 

only one side of the main navigational 

channel and vessels can request 

permission to enter the channel. It is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. A 

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. 

VI. Public Participation and Comments 

We encourage you to submit 

comments on this temporary final rule 

through the Federal eRulemaking Portal 

at http://www.regulations.gov. If your 

material cannot be submitted using 

http://www.regulations.gov, contact the 

person in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this 

temporary final rule as being available 

in the docket, and all public comments, 

will be in our online docket at http://

www.regulations.gov and can be viewed 

by following that Web site’s 

instructions. Additionally, if you go to 

the online docket and sign up for email 

alerts, you will be notified when 

comments are posted. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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 temporary § 165.T05–0811, to 

read as follows: 

§ 165.T05–0811 Safety Zone, Delaware 

River; Dredging. 

(a) Location. The following areas are 

safety zones: 

(1) Safety zone one includes all waters 

within 250 yards of the dredge ESSEX 

and dredge CHARLESTON including all 

related dredge pipeline and equipment. 

(2) Safety zone two includes all the 

waters of Anchorage 7 off Marcus Hook 

Range, as described in 33 CFR 

110.157(a)(8). The safety zone will be in 

place only during the time in which the 

dredge ESSEX and/or dredge 

CHARLESTON are conducting dredging 

operations in Marcus Hook Range and 

Anchorage 7 off Marcus Hook. 

(b) Definitions—(1) Captain of the 

Port means the Commander Sector 

Delaware Bay or any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized by the Captain 

of the Port to act on their behalf. 

(2) Designated representative means 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the Captain of the Port, Delaware 

Bay, to assist with the enforcement of 

safety zones described in paragraph (a) 

of this section. 

(c) Regulations. The general safety 

zone regulations found in 33 CFR part 

165, subpart C apply to the safety zone 

created by this section. 

(1) Safety zone one will be established 

for the duration of the project. Vessels 

shall contact the dredge ESSEX and/or 

dredge CHARLESTON on VHF channel 

13 or 16, at least 1 hour, as well as 30 

minutes, prior to arrival. At least one 

side of the main navigational channel 

will be kept clear for safe passage of 

vessels in the vicinity of the safety 

zones. At no time will the main 

navigational channel be closed to vessel 

traffic. Vessel should approach meetings 

in these areas, where one side of the 

main navigational channel is open, and 

proceed per this rule and the Rules of 

the Road (33 CFR subchapter E). 

(2) Safety zone two will be in place 

only during the time that dredges 

ESSEX or CHALRESTON are 

conducting dredging operations in 

Marcus Hook Range and Anchorage 7 

off Marcus Hook. Vessels requesting to 

transit Marcus Hook Range shall contact 


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Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations 40489 

the dredge ESSEX OR dredge 

CHARLESTON on VHF channel 13 or 

16, at least 1 hour, as well as 30 

minutes, prior to arrival. Vessels shall 

then transit around the dredge project, 

utilizing Anchorage 7 off Marcus Hook 

Range, while operating at the minimum 

safe speed necessary to maintain 

steerage and reduced wake. 

(3) Vessels wishing to anchor in 

Anchorage 7 off Marcus Hook Range 

must obtain permission from the COTP 

at least 24 hours in advance by calling 

(215) 271–4807. The COTP will permit 

two vessels at a time to anchor on a 

‘‘first-come, first-served’’ basis. Vessels 

will only be allowed to anchor for a 12 

hour period. Vessels that require an 

examination by the Public Health 

Service, Customs, or Immigration 

authorities will be directed to an 

anchorage for the required inspection by 

the COTP. Vessels are encouraged to use 

Anchorage 9 near entrance to Mantua 

Creek, Anchorage 10 at Naval Base, 

Philadelphia, and Anchorage 6 off 

Deepwater Point alternative anchorages. 

(4) The Captain of the Port will 

implement and terminate the safety 

zones individually once all submerged 

pipeline has been recovered and 

dredging operations are completed in 

each range respectively. Notice of the 

implementation and the termination of 

the safety zone will be made in 

accordance with 33 CFR 165.7. 

Entry into, transiting, or anchoring 

within the safety zones is prohibited 

unless vessels obtain permission from 

the Captain of the Port or make 

satisfactory passing arrangements with 

the dredge ESSEX and/or dredge 

CHARLESTON per this rule and the 

Rules of the Road (33 CFR subchapter 

E). 

(5) To request permission to enter the 

safety zone, the Captain of the Port’s 

representative can be contacted via 

VHF–FM channel 16. Vessels granted 

permission to enter and transit through 

the safety zone must do so in 

accordance with the directions provided 

by the Captain of the Port or designated 

representative. No person or vessel may 

enter or remain in a safety zone without 

permission from the Captain of the Port. 

All persons and vessels within a safety 

zone shall obey the directions or orders 

of the Captain of the Port or their 

designated representative. 

(6) At least one side of the main 

navigational channel will be kept clear 

for safe passage of vessels in the vicinity 

of the safety zones. At no time will the 

main navigational channel be closed to 

vessel traffic. Vessels requesting to 

transit shall contact the dredge ESSEX 

and/or dredge CHARLESTON on VHF 

channel 13 or 16, at least 1 hour, as well 

as 30 minutes, prior to arrival. 

(7) This section applies to all vessels 

that intend to transit through the safety 

zones except vessels that are engaged in 

the following operations: enforcement of 

laws; service of aids to navigation, and 

emergency response. 

(d) Effective and enforcement periods. 

The safety zones established in 

paragraph (a) of this section will be 

effective from August 30, 2017 through 

March 15, 2018, unless cancelled earlier 

by the Captain of the Port once all 

operations are completed. The safety 

zones will be enforced with actual 

notice by Coast Guard representatives 

on scene, as well as other methods 

listed in 33 CFR 165.7. 

Dated: August 21, 2017. 

Scott E. Anderson, 

Captain, U.S. Coast Guard Captain of the 

Port, Delaware Bay. 

[FR Doc. 2017–18033 Filed 8–24–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0627] 

RIN 1625–AA00 

Safety Zone; Atlantic Ocean, Ocean 

City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the waters 

of the Atlantic Ocean adjacent to Ocean 

City, NJ on August 26, 2017. The safety 

zone will restrict vessel traffic from 

operating on a portion of Atlantic Ocean 

during a fireworks display. This safety 

zone is necessary to protect the public, 

spectators and vessels from the hazards 

associated with a fireworks display. The 

safety zone restricts vessels from 

transiting the zone during the effective 

period, unless authorized by the Captain 

of the Port Delaware Bay or a designated 

representative. 

DATES: This rule is effective on August 

26, 2017, from 9 p.m. to 11:59 p.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0627 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 MST2 Amanda Boone, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division, telephone (215) 

271–4814, email Amanda.N.Boone@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final 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 foregoing public 

comment with respect to this rule. 

Insufficient time remains to publish a 

Notice of Proposed Rule Making 

(NPMR) and allow for a public comment 

period before the event, which is 

scheduled to take place on August 26, 

2017. The safety zone must be in effect 

on that date in order to serve its purpose 

of ensuring the safety of spectators and 

the general public from hazards 

associated with a fireworks display. 

Hazards include accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. For 

those reasons, it would be impracticable 

and contrary to the public interest to 

publish an NPRM. 

For the reason discussed above, 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 FR. Delaying the 

effective date would be contrary to the 

rule’s objectives of ensuring safety of 

life on the navigable waters and 

protection of persons and vessels in the 

vicinity of the fireworks display. The 

event has been widely publicized in 

local media outlets. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

COTP Delaware Bay has determined 

that this temporary safety zone is 


pmangrum on DSK3GDR082PROD with RULES