[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Rules and Regulations]
[Pages 67909-67911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23782]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0899]
RIN 1625-AA00
Safety Zone; Diving Operations, 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 on the
Delaware River in Philadelphia, PA, on October 3, 2016, from 7 a.m.
through 11 a.m. During the period of enforcement, the safety zone will
restrict vessel traffic on the waters of the Delaware River, adjacent
to Penn's Landing, Philadelphia, PA. The safety zone is intended to
provide for the safety of personnel involved in diving operations.
DATES: This rule is effective from 7 a.m. through 11 a.m. on October 3,
2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0899 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 Thomas Simkins, Sector Delaware Bay Waterways
Management Division, U.S. Coast Guard; telephone 215-271-4889, 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 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 a safety zone is needed to ensure
safety of life and property for those vessels involved in the diving
operations and those persons transiting the Delaware River. In this
case, waiting for a comment period to run would be contrary to the
public interest of protecting life and property. In addition,
publishing an NPRM is impracticable as the requestors did not provide
sufficient notice to the Coast Guard relating to the expected date of
the diving operations. Therefore, delay in taking action is both
impracticable and contrary to public interest.
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. Delaying the effective
date of this rule would be contrary to public interest because
immediate action is needed to respond to the potential safety hazards
associated with diving operations.
III. Legal Authority and Need for Rule
The legal basis for the rule is provided by 33 U.S.C. 1231. On
October 3, 2016, diving operations will be conducted from the Penn's
Landing pier. Due to the proximity of the pier to the navigable
channel, and the diving operations, vessel traffic will be restricted
from entering the safety zone during the designated date and time,
which accounts for staging as well as the actual diving operations.
This rule is required in order to safely facilitate diving operations
and protect both life and property on the navigable waterways of the
Delaware River.
IV. Discussion of the Rule
To mitigate the risks associated with necessary diving operations,
the Captain of the Port, Delaware Bay is establishing a temporary
safety zone in the vicinity of the diving site. The safety zone will
encompass all waters of 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 at
latitude 39[deg]56'31.2'' N., longitude 075[deg]08'28.1'' W.; thence 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. The safety zone
will be effective and enforced from 7 a.m. through 11 p.m. on Monday,
October 3, 2016. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port,
Delaware Bay, or his on-scene representative. The Captain of the Port,
Delaware Bay, or his on-scene representative may be contacted via VHF
channel 16.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive order 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
[[Page 67910]]
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 safety zone. This safety
zone will impact the waters affected by this rule from 7 a.m. through
11 a.m. on October 3, 2016, during a time of year when vessel traffic
is normally low. In addition, notifications will be made to the
maritime community via marine information broadcasts so mariners may
adjust their plans accordingly. Such 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 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 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
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 establishing a temporary safety zone lasting four hours
that will prohibit entry into a portion of the Delaware River. 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 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.T05-0899 to read as follows:
Sec. 165.T05-0899 Safety Zone; Diving Operations, Delaware River,
Philadelphia, PA.
(a) Regulated area. The following area is a safety zone: All waters
of 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 at latitude
39[deg]56'31.2'' N., longitude 075[deg]08'28.1'' W.; thence 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.
[[Page 67911]]
(b) Regulations. The general safety zone regulations found in Sec.
165.23 apply to the safety zone created by this temporary section,
Sec. 165.T05-0899.
(1) All vessels and persons are prohibited from entering into or
moving within the safety zone described in paragraph (a) of this
section while it is subject to enforcement, unless authorized by the
Captain of the Port, Delaware Bay, or by his designated representative.
(2) Persons or vessels seeking to enter or pass through the safety
zone must contact the Captain of the Port, Delaware Bay, or his
designated representative to seek permission to transit the area. The
Captain of the Port, Delaware Bay can be contacted at telephone number
215-271-4807 or on Marine Band Radio VHF Channel 16 (156.8 MHz).
(3) The Coast Guard vessels enforcing this safety zone can be
contacted on VHF-FM marine band radio channel 16 (156.8 MHZ). Upon
being hailed by a U.S. Coast Guard vessel, or other Federal, State, or
local agency vessel operating under the authority of the COTP Delaware
Bay, by siren, radio, flashing light, or other means, the operator of a
vessel shall proceed as directed. The COTP Delaware Bay and his
designated representatives can be contacted at telephone number 215-
271-4807.
(c) Definitions. As used in this section:
Captain of the Port Delaware Bay means the Commander, U.S. Coast
Guard Sector Delaware Bay, Philadelphia, PA.
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 in enforcing the safety zone described in
paragraph (a) of this section.
(d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This section will be enforced from 7 a.m.
through 11 a.m. on October 3, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2016-23782 Filed 9-30-16; 8:45 am]
BILLING CODE 9110-04-P