[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Rules and Regulations]
[Pages 41521-41523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18617]



[[Page 41521]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0543]
RIN 1625-AA00


Safety Zone; Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
multiple fireworks events launched in the vicinity of Penn's Landing in 
Philadelphia, Pennsylvania for the waters of Delaware River, 
Philadelphia, PA. Enforcement of this safety zone is necessary and 
intended to enhance safety of life on navigable waters immediately 
prior to, during, and immediately after these fireworks events. During 
the enforcement periods, no vessel may enter in or transit this 
regulated area without approval from the Captain of the Port or a 
designated representative.

DATES: This rule is effective from September 3, 2017 to September 13, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0543 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 
<a href="/cdn-cgi/l/email-protection#fbba969a959f9ad5b5d5b99494959ebb8e88989cd5969297"><span class="__cf_email__" data-cfemail="a7e6cac6c9c3c689e989e5c8c8c9c2e7d2d4c4c089cacecb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec.  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 events, which 
are scheduled to take place September 3, September 10, and September 
13, 2017. The safety zone must be in effect on those dates in order to 
serve its purpose of ensuring the safety of spectators and the general 
public from hazards associated with the fireworks display. Hazards may 
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 Federal Register. 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 events have 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 Captain of the Port Delaware Bay has determined that this 
temporary safety zone is necessary to enhance the safety of the public, 
spectators, vessels, and navigable waters immediately prior to, during, 
and immediately after these fireworks events.

IV. Discussion of the Rule

    On September 3, September 10, and September 13, 2017 fireworks 
display events will take place in the vicinity of Penn's Landing in 
Philadelphia, PA. The Coast Guard is establishing a temporary safety 
zone in a portion of Delaware River, Philadelphia, PA to ensure the 
safety of persons, vessels, and the public during the event. The safety 
zone includes all waters of the Delaware River, adjacent to Penn's 
Landing, Philadelphia, PA, bounded from shoreline to shoreline, bounded 
on the south by a line running east to west from points along the 
shoreline commencing at latitude 39[deg]56'31.2'' N., longitude 
075[deg]08'28.1'' W.; thence westward to latitude 39[deg]56'29''.1 N., 
longitude 075[deg]07'56.5'' W., and bounded on the north by the 
Benjamin Franklin Bridge where it crosses the Delaware River.
    Access to this safety zone will be restricted during the specified 
date and time period. Only vessels or persons specifically authorized 
by the Captain of the Port Delaware Bay or designated representative 
may enter or remain in the regulated area. This safety zone will be 
enforced on September 3, September 10, and September 13, 2017 from 7:45 
p.m. to 10:30 p.m. each day.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled 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).
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic will be 
unable to transit the safety zone for the duration of the fireworks 
events; however, this safety zone will impact a small designated area 
of the Delaware River, in Philadelphia, PA, for less than 2 hours 
during the fireworks events. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via

[[Page 41522]]

VHF-FM marine channel 16 regarding the safety zone; under the 
regulation vessel operators may request 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 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 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 calls for no 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 adjusts rates in accordance with applicable statutory and 
regulatory mandates. It is categorically excluded under section 2.B.2, 
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor 
regulatory changes that are editorial or procedural in nature. A Record 
of Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T05-0543 to read as follows:


Sec.  165.T05-0543  Safety Zone; Delaware River; Philadelphia, PA.

    (a) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer operating on board a Coast 
Guard vessel and or on board another Federal, State, or local law 
enforcement vessel assisting the Captain of the Port, Delaware Bay in 
the enforcement of the safety zone.
    (b) Location. The following area is a security zone: all waters of 
the Delaware River, adjacent to Penn's Landing, Philadelphia, PA, 
bounded from shoreline to shoreline, bounded on the south by a line 
running east to west from points along the shoreline commencing at 
latitude 39[deg]56'31.2'' N., longitude 075[deg]08'28.1'' W.; thence 
westward to latitude 39[deg]56'29''.1 N., longitude 075[deg]07'56.5'' 
W., and bounded on the north by the Benjamin Franklin Bridge where it 
crosses the Delaware River.
    (c) Regulations. (1) The general safety zone regulations found in 
Sec.  165.23 apply to the safety zone created by this temporary 
section.
    (2) Under the general safety zone regulations in Sec.  165.23, 
persons may not enter the safety zone described in paragraph (b) of 
this section unless authorized by the COTP or the COTP's designated 
representative.

[[Page 41523]]

    (3) To request permission to enter the safety zone, contact the 
COTP or the COTP's representative on VHF-FM channel 16. All persons and 
vessels in the safety zone must comply with all lawful orders or 
directions given to them by the COTP or the COTP's designated 
representative.
    (d) Enforcement period: This section will be enforced on September 
3, 2017, September 10, 2017, and September 13, 2017 from 7:45 p.m. to 
10:30 p.m. each day.

    Dated: August 29, 2017.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-18617 Filed 8-31-17; 8:45 am]
BILLING CODE 9110-04-P


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