[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48331-48333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17440]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2016-0363]
RIN 1625-AA87
Security Zone, Delaware River, Schuylkill River; Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final Rule.
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SUMMARY: The Coast Guard is establishing temporary security zones in
the waters of the Delaware River, Schuylkill River, and Darby Creek, in
Philadelphia, PA. These temporary zones are intended to restrict
vessels from portions of the Delaware River, Schuylkill River, and
Darby Creek during the Democratic National Convention from July 25,
2016, to July 29, 2016. During the enforcement period, no unauthorized
vessels or people will be permitted to enter or move within the
security zone without permission from the Captain of the Port or his
designated representative. This security zone is necessary to provide
security for the Democratic National Convention.
DATES: This rule is effective from 11:00 a.m. on July 25, 2016, to 1:00
a.m. on July 29, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0363 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 Tom Simkins, U.S. Coast Guard, Sector
Delaware Bay, Waterways Management Division, Coast Guard; telephone
(215)271-4851, 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
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 not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the final details for the Democratic
National Convention were not known until July 12, 2016. Delaying the
effective date by first publishing an NPRM and holding a comment period
would be contrary to the rule's objectives of ensuring safety of life
on the navigable waters and protection of the Democratic Nation
Convention and the accompanying high-ranking government officials.
For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this temporary rule effective
less than 30 days after publication in the Federal Register.
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 these
temporary security zones are necessary to provide for the security of
the Democratic Nation Convention and the accompanying high-ranking
government officials, and to protect against sabotage or terrorist
attacks to human life, vessels, mariners, and waterfront facilities at
or near this event.
IV. Discussion of the Rule
The Democratic National Convention will take place in Philadelphia,
PA from July 25, 2016 until July 29, 2016. During this event many high-
ranking government officials will be arriving in Philadelphia, PA. The
Coast Guard is establishing several security zones in portions of the
Delaware River, Schuylkill River, and Darby Creek in Philadelphia, PA.
The first security zone includes all the waters of the Delaware
River from the New Jersey shore line, to the Pennsylvania shore line,
beginning at the west end of Little Tinicum Island extending in a
Northeasterly direction and ending at the mouth of the Schuylkill
River;
The second security zone includes all the waters of the Schuylkill
River inside a boundary described as 500 yards south of the I-95 Bridge
and ending 500 yards north of the George C. Platt Memorial Bridge.
[[Page 48332]]
The third security zone includes all waters of Darby Creek inside a
boundary described as originating from 500 yards south of the Conrail
Railroad Bridge and ending 100 yards north of the I-95 Bridge.
Access to this security zone will be restricted while the zone is
being enforced. Only vessels or people specifically authorized by the
Captain of the Port, Delaware Bay, or his designated representative may
enter or remain in the regulated area. These security zones will be
enforced with actual notice by the United States Coast Guard
representatives on scene, as well as other methods listed in 33 CFR
165.7.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (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. 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.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the security zone. Vessel
traffic will be able to safely transit around this security zone which
will impact a small designated area of the Delaware River, Schuylkill
River, and Darby Creek in Philadelphia, PA for less than 12 hours.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16 identifying the security zone locations and
describing the process in which vessels can request permission to
transit the security zones.
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
security 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 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 three security zones which will be enforced for less than
12 hours at any one time and includes all the waters of the Delaware
River from the New Jersey shore line, to the Pennsylvania shore line,
beginning at the west end of Little Tinicum Island extending in a
Northeasterly direction and ending at the mouth of the Schuylkill
River; all the waters of the Schuylkill River inside a boundary
described as 500 yards south of the I-95 bridge and ending 500 yards
north of the George C. Platt Memorial Bridge; and all waters of Darby
Creek inside a boundary described as 500 yards south of the Darby Creek
Railroad Bridge and ending 100 yards north of the I-95 Bridge.
It is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the
[[Page 48333]]
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.
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.T05-0363 to read as follows:
Sec. 165.T05-0363 Security Zone; Delaware River, and Schuylkill
River; Philadelphia, PA.
(a) Location. The following areas are security zones:
(1) The first security zone includes all the waters of the Delaware
River from the New Jersey shore line, to the Pennsylvania shore line,
beginning at the est end of Little Tinicum Island extending in a
Northeasterly direction and ending at the mouth of the Schuylkill
River;
(2) The second security zone includes all the waters of the
Schuylkill River inside a boundary described as 500 yards south of the
I-95 Bridge and ending 500 yards north of the George C. Platt Memorial
Bridge.
(3) The third security zone includes all waters of Darby Creek
inside a boundary described as originating 500 yards south of the
Conrail Railroad Bridge and ending 100 yards north of the I-95 Bridge.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel; as well
as a Federal, State, and local officer designated by or assisting the
Captain of the Port, Delaware Bay in the enforcement of the security
zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, no person or vessel may enter the security 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, contact the COTP or the COTP's
representative on VHF-FM channel 16. Those in the security 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 rule is effective from 11:00 a.m. on
July 25, 2016, to 1:00 a.m. on July 29, 2016.
Dated: July 19, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2016-17440 Filed 7-22-16; 8:45 am]
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