80_FR_52794 80 FR 52625 - Safety Zone, Schuylkill River; Philadelphia, PA

80 FR 52625 - Safety Zone, Schuylkill River; Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 169 (September 1, 2015)

Page Range52625-52627
FR Document2015-21687

The Coast Guard is establishing a safety zone in the waters of the Schuylkill River around the Deloach dock near Point Breeze at Philadelphia Energy Solutions. The safety zone is necessary when a barge with a beam (width) up to 80 feet moors at the Philadelphia Energy Solutions' Deloach dock, reducing the horizontal clearance of the channel by as much as 30 feet when a barge is moored at the facility. This rule will allow the Coast Guard to restrict all vessel traffic through the safety zone when a barge having a beam of up to 80 feet is scheduled to moor at the facility.

Federal Register, Volume 80 Issue 169 (Tuesday, September 1, 2015)
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Rules and Regulations]
[Pages 52625-52627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21687]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0094]
RIN 1625-AA00


Safety Zone, Schuylkill River; Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a safety zone in the waters of 
the Schuylkill River around the Deloach dock near Point Breeze at 
Philadelphia Energy Solutions. The safety zone is necessary when a 
barge with a beam (width) up to 80 feet moors at the Philadelphia 
Energy Solutions' Deloach dock, reducing the horizontal clearance of 
the channel by as much as 30 feet when a barge is moored at the 
facility. This rule will allow the Coast Guard to restrict all vessel 
traffic through the safety zone when a barge having a beam of up to 80 
feet is scheduled to moor at the facility.

DATES: This rule is effective on October 1, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0874. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email If you have questions on this final rule, call or email 
Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay, 
Chief Waterways Management Division, Coast Guard; telephone (215) 271-
4851, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On June 24, 2014 the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) with a request for comments entitled, ``Safety Zone, 
Schuylkill River; Philadelphia, PA'' in the Federal Register (79 FR 
35685). No comments were received on the NPRM. No public meeting was 
requested and none was held.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231; 33 CFR 1.05-1, 
160.5; Department of Homeland Security Delegation No. 0170.1.
    The purpose of this rulemaking is to ensure the safety of waterway 
users from hazards associated with a 30 foot reduction of horizontal 
clearance in the channel near Point Breeze when a barge with a beam 
(width) up to 80 feet is moored at the Deloach dock of Philadelphia 
Energy Solutions in the Schuylkill River. The remaining horizontal 
width of the channel in vicinity of Point Breeze is 270 feet.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard did not receive any comments to the proposed rule. 
Changes were made to the size of the safety zone described in the 
notice to proposed rule making. The decision was made to reduce the 
size of the zone to minimize the effect on waterway users in the area.
    The following area is a safety zone: All waters of the Schuylkill 
River in Philadelphia, PA, inside a boundary described as originating 
from 39[deg]54'50'' N., 075[deg]12'12'' W.; then West to 39[deg]54'50'' 
N., 075[deg]12'15'' W.; then Northeast to 39[deg]55'10'' N., 
075[deg]12'05'' W.; the East to 39[deg]55'10'' N., 075[deg]12'04'' W.; 
then back to 39[deg]54'50'' N., 075[deg]12'12'' W.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This rule is not a 
significant regulatory action because it merely reduces the horizontal 
width of the channel; vessel traffic can still proceed up and down the 
Schuylkill River.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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

[[Page 52626]]

fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received 0 comments from the Small Business 
Administration on this rule. 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.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
navigable channel is 300 feet wide, providing a remaining 270 feet of 
horizontal channel clearance for the passage of vessel traffic in the 
Schuylkill River. Additionally, the only commercial vessel traffic 
utilizing the waterway upriver of the Passyunk Avenue Bridge is an 
occasional barge. All anticipated vessel traffic will be able to pass 
safely around an 80 foot wide barge moored at the Deloach dock at 
Philadelphia Energy Solutions near Point Breeze. Before the safety zone 
goes into effect, maritime advisories will be made widely available to 
users of the Schuylkill River navigable channel.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and this rule would have a 
significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    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, 
above. 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.

4. 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.).

5. Federalism

    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 determined 
that this rule does not have implications for federalism. The Coast 
Guard did not receive any comments relating to federalism.

6. 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.

7. 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 would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This rule does not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would 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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
preliminary determination 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 implementation of a 
safety zone when a barge having beam (width) of up to 80 feet is moored 
at the Deloach dock at Philadelphia Energy Solutions near Point Breeze 
on the Schuylkill River. This rule is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A preliminary 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.

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.  165.784 to read as follows:

[[Page 52627]]

Sec.  165.784  Safety Zone, Schuylkill River; Philadelphia, PA

    (a) Location. The following area is a safety zone: All waters of 
the Schuylkill River in Philadelphia, PA, inside a boundary described 
as originating from 39[deg]54'50'' N., 075[deg]12'12'' W.; then West to 
39[deg]54'50'' N., 075[deg]12'15'' W.; then Northeast to 39[deg]55'10'' 
N., 075[deg]12'05'' W.; the East to 39[deg]55'10'' N., 075[deg]12'04'' 
W.; then back to 39[deg]54'50'' N., 075[deg]12'12'' W.
    (b) Enforcement period. (1) This regulation is enforced during 
times when a barge having a beam (width) of up to 80 feet is moored at 
the Deloach dock of Philadelphia Energy Solutions near Point Breeze.
    (2) Prior to commencing enforcement of this regulation, the COTP or 
designated on-scene patrol personnel will notify the public whenever 
the regulation is being enforced, to include dates and times. The means 
of notification may include, but are not limited to, Broadcast Notice 
to Mariners, Local Notice to Mariners, Marine Safety Information 
Bulletins, or other appropriate means.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23.
    (2) All persons and vessels transiting through the Safety Zone must 
be authorized by the Captain of the Port or his representative.
    (3) All persons or vessels wishing to transit through the Safety 
Zone must request authorization to do so from the Captain of the Port 
or his representative 30 minutes prior to the intended time of transit.
    (4) Vessels granted permission to transit must do so in accordance 
with the directions provided by the Captain of the Port or his 
representative to the vessel.
    (5) To seek permission to transit the Safety Zone, the Captain of 
the Port or his representative can be contacted via Sector Delaware Bay 
Command Center (215) 271-4940.
    (6) This section applies to all vessels wishing to transit through 
the Safety Zone except vessels that are engaged in the following 
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (7) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (8) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (9) No person may board, or take or place any article or thing on 
board, any vessel in a safety zone without the permission of the 
Captain of the Port; and
    (10) No person may take or place any article or thing upon any 
waterfront facility in a safety zone without the permission of the 
Captain of the Port.
    (d) Definitions. The Captain of the Port means the Commander of 
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 
his behalf.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the Safety Zone by Federal, State, and local 
agencies.

    Dated: July 31, 2015.
B.A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-21687 Filed 8-31-15; 8:45 am]
BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations                                      52625

                                                yards of the POTUS and/or first family                  of the Schuylkill River around the                       The purpose of this rulemaking is to
                                                while underway in, or on shore but                      Deloach dock near Point Breeze at                     ensure the safety of waterway users
                                                within 1000 yards of, the navigable                     Philadelphia Energy Solutions. The                    from hazards associated with a 30 foot
                                                waters of the U.S. in the coastal areas of              safety zone is necessary when a barge                 reduction of horizontal clearance in the
                                                Seward, Alaska.                                         with a beam (width) up to 80 feet moors               channel near Point Breeze when a barge
                                                   (b) Notification. Coast Guard Sector                 at the Philadelphia Energy Solutions’                 with a beam (width) up to 80 feet is
                                                Anchorage will give actual notice to                    Deloach dock, reducing the horizontal                 moored at the Deloach dock of
                                                mariners for the purpose of enforcement                 clearance of the channel by as much as                Philadelphia Energy Solutions in the
                                                of this temporary security zone.                        30 feet when a barge is moored at the                 Schuylkill River. The remaining
                                                   (c) Effective period. This rule is                   facility. This rule will allow the Coast              horizontal width of the channel in
                                                effective for purposes of enforcement                   Guard to restrict all vessel traffic                  vicinity of Point Breeze is 270 feet.
                                                from 8:00 a.m. on Monday, August 31,                    through the safety zone when a barge
                                                2015 through 5:00 p.m. on Wednesday,                    having a beam of up to 80 feet is                     C. Discussion of Comments, Changes
                                                September 02, 2015.                                     scheduled to moor at the facility.                    and the Final Rule
                                                   (d) Regulations. (1) The general                     DATES: This rule is effective on October                The Coast Guard did not receive any
                                                regulations contained in 33 CFR 165.33                  1, 2015.                                              comments to the proposed rule. Changes
                                                apply.                                                  ADDRESSES: Documents mentioned in                     were made to the size of the safety zone
                                                   (2) In accordance with the general                   this preamble are part of docket USCG–                described in the notice to proposed rule
                                                regulations in § 165.33 of this part, entry             2013–0874. To view documents                          making. The decision was made to
                                                into or movement within this zone is                    mentioned in this preamble as being                   reduce the size of the zone to minimize
                                                prohibited unless authorized by the                     available in the docket, go to http://                the effect on waterway users in the area.
                                                Captain of the Port or his designated                   www.regulations.gov, type the docket                    The following area is a safety zone:
                                                representatives.                                        number in the ‘‘SEARCH’’ box and click                All waters of the Schuylkill River in
                                                   (3) The ‘‘designated representative’’ is             ‘‘SEARCH.’’ Click on Open Docket                      Philadelphia, PA, inside a boundary
                                                any Coast Guard commissioned,                           Folder on the line associated with this               described as originating from 39°54′50″
                                                warrant, or petty officer who has been                  rulemaking. You may also visit the                    N., 075°12′12″ W.; then West to
                                                designated by the Captain of the Port to                Docket Management Facility in Room                    39°54′50″ N., 075°12′15″ W.; then
                                                act on his behalf. The on-scene                         W12–140 on the ground floor of the                    Northeast to 39°55′10″ N., 075°12′05″
                                                representative may be on a Coast Guard                  Department of Transportation West                     W.; the East to 39°55′10″ N., 075°12′04″
                                                vessel, or onboard a federal, state, or                 Building, 1200 New Jersey Avenue SE.,                 W.; then back to 39°54′50″ N.,
                                                local agency vessel that is authorized to               Washington, DC 20590, between 9 a.m.                  075°12′12″ W.
                                                act in support of the Coast Guard.                      and 5 p.m., Monday through Friday,                    D. Regulatory Analyses
                                                   (4) Upon being hailed by a U.S. Coast                except Federal holidays.
                                                Guard vessel or a designated                                                                                    We developed this rule after
                                                                                                        FOR FURTHER INFORMATION CONTACT: If
                                                representative, by siren, radio, flashing                                                                     considering numerous statutes and
                                                                                                        you have questions on this rule, call or
                                                light or other means, the operator of the                                                                     executive orders related to rulemaking.
                                                                                                        email If you have questions on this final
                                                vessel shall proceed as directed.                                                                             Below we summarize our analyses
                                                                                                        rule, call or email Lieutenant Brennan
                                                   (5) Vessel operators desiring to enter                                                                     based on a number of these statutes or
                                                                                                        Dougherty, U.S. Coast Guard, Sector
                                                or operate within this security zone                                                                          executive orders.
                                                                                                        Delaware Bay, Chief Waterways
                                                shall contact the Captain of the Port or                Management Division, Coast Guard;                     1. Regulatory Planning and Review
                                                his designated representative via VHF                   telephone (215) 271–4851, email
                                                channel 16 to obtain permission to do                                                                            This rule is not a significant
                                                                                                        Brennan.P.Dougherty@uscg.mil. If you                  regulatory action under section 3(f) of
                                                so.                                                     have questions on viewing or submitting               Executive Order 12866, Regulatory
                                                  Dated: August 24, 2015.                               material to the docket, call Cheryl                   Planning and Review, as supplemented
                                                Paul Albertson,                                         Collins, Program Manager, Docket                      by Executive Order 13563, Improving
                                                Captain, U.S. Coast Guard, Captain of the               Operations, telephone (202) 366–9826.                 Regulation and Regulatory Review, and
                                                Port, Western Alaska.                                   SUPPLEMENTARY INFORMATION:                            does not require an assessment of
                                                [FR Doc. 2015–21690 Filed 8–31–15; 8:45 am]             Table of Acronyms                                     potential costs and benefits under
                                                BILLING CODE 9110–04–P                                                                                        section 6(a)(3) of Executive Order 12866
                                                                                                        DHS Department of Homeland Security
                                                                                                        FR Federal Register
                                                                                                                                                              or under section 1 of Executive Order
                                                                                                        NPRM Notice of Proposed Rulemaking                    13563. The Office of Management and
                                                DEPARTMENT OF HOMELAND                                                                                        Budget has not reviewed it under those
                                                SECURITY                                                A. Regulatory History and Information                 Orders. This rule is not a significant
                                                                                                          On June 24, 2014 the Coast Guard                    regulatory action because it merely
                                                Coast Guard                                             published a Notice of Proposed                        reduces the horizontal width of the
                                                                                                        Rulemaking (NPRM) with a request for                  channel; vessel traffic can still proceed
                                                33 CFR Part 165                                         comments entitled, ‘‘Safety Zone,                     up and down the Schuylkill River.
                                                [Docket Number USCG–2015–0094]                          Schuylkill River; Philadelphia, PA’’ in               2. Impact on Small Entities
                                                                                                        the Federal Register (79 FR 35685). No
                                                RIN 1625–AA00                                                                                                    The Regulatory Flexibility Act of 1980
                                                                                                        comments were received on the NPRM.
                                                                                                        No public meeting was requested and                   (RFA), 5 U.S.C. 601–612, as amended,
mstockstill on DSK4VPTVN1PROD with RULES




                                                Safety Zone, Schuylkill River;
                                                                                                        none was held.                                        requires federal agencies to consider the
                                                Philadelphia, PA
                                                                                                                                                              potential impact of regulations on small
                                                AGENCY:  Coast Guard, DHS.                              B. Basis and Purpose                                  entities during rulemaking. The term
                                                ACTION: Final rule.                                       The legal basis for this rule is 33                 ‘‘small entities’’ comprises small
                                                                                                        U.S.C. 1231; 33 CFR 1.05–1, 160.5;                    businesses, not-for-profit organizations
                                                SUMMARY:   The Coast Guard is                           Department of Homeland Security                       that are independently owned and
                                                establishing a safety zone in the waters                Delegation No. 0170.1.                                operated and are not dominant in their


                                           VerDate Sep<11>2014   19:50 Aug 31, 2015   Jkt 235001   PO 00000   Frm 00021   Fmt 4700   Sfmt 4700   E:\FR\FM\01SER1.SGM   01SER1


                                                52626            Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations

                                                fields, and governmental jurisdictions                  power and responsibilities among the                  or on the distribution of power and
                                                with populations of less than 50,000.                   various levels of government. We have                 responsibilities between the Federal
                                                The Coast Guard received 0 comments                     analyzed this rule under that Order and               Government and Indian tribes.
                                                from the Small Business Administration                  determined that this rule does not have
                                                                                                                                                              12. Energy Effects
                                                on this rule. The Coast Guard certifies                 implications for federalism. The Coast
                                                under 5 U.S.C. 605(b) that this rule will               Guard did not receive any comments                      This rule is not a ‘‘significant energy
                                                not have a significant economic impact                  relating to federalism.                               action’’ under Executive Order 13211,
                                                on a substantial number of small                                                                              Actions Concerning Regulations That
                                                                                                        6. Protest Activities
                                                entities.                                                                                                     Significantly Affect Energy Supply,
                                                   This safety zone will not have a                       The Coast Guard respects the First                  Distribution, or Use.
                                                significant economic impact on a                        Amendment rights of protesters.
                                                substantial number of small entities for                Protesters are asked to contact the                   13. Technical Standards
                                                the following reasons. The navigable                    person listed in the FOR FURTHER                        This rule does not use technical
                                                channel is 300 feet wide, providing a                   INFORMATION CONTACT section to                        standards. Therefore, we did not
                                                remaining 270 feet of horizontal channel                coordinate protest activities so that your            consider the use of voluntary consensus
                                                clearance for the passage of vessel traffic             message can be received without                       standards.
                                                in the Schuylkill River. Additionally,                  jeopardizing the safety or security of
                                                                                                        people, places or vessels.                            14. Environment
                                                the only commercial vessel traffic
                                                utilizing the waterway upriver of the                                                                           We have analyzed this rule under
                                                                                                        7. Unfunded Mandates Reform Act
                                                Passyunk Avenue Bridge is an                                                                                  Department of Homeland Security
                                                occasional barge. All anticipated vessel                  The Unfunded Mandates Reform Act                    Management Directive 023–01 and
                                                traffic will be able to pass safely around              of 1995 (2 U.S.C. 1531–1538) requires                 Commandant Instruction M16475.lD,
                                                an 80 foot wide barge moored at the                     Federal agencies to assess the effects of             which guide the Coast Guard in
                                                Deloach dock at Philadelphia Energy                     their discretionary regulatory actions. In            complying with the National
                                                Solutions near Point Breeze. Before the                 particular, the Act addresses actions                 Environmental Policy Act of 1969
                                                safety zone goes into effect, maritime                  that may result in the expenditure by a               (NEPA) (42 U.S.C. 4321–4370f), and
                                                advisories will be made widely                          State, local, or tribal government, in the            have made a preliminary determination
                                                available to users of the Schuylkill River              aggregate, or by the private sector of                that this action is one of a category of
                                                navigable channel.                                      $100,000,000 (adjusted for inflation) or              actions that do not individually or
                                                   If you think that your business,                     more in any one year. Though this rule                cumulatively have a significant effect on
                                                organization, or governmental                           would not result in such an                           the human environment. This rule
                                                jurisdiction qualifies as a small entity                expenditure, we do discuss the effects of             involves implementation of a safety
                                                and this rule would have a significant                  this rule elsewhere in this preamble.                 zone when a barge having beam (width)
                                                economic impact on it, please submit a                  8. Taking of Private Property                         of up to 80 feet is moored at the Deloach
                                                comment (see ADDRESSES) explaining                                                                            dock at Philadelphia Energy Solutions
                                                why you think it qualifies and how and                    This rule does not cause a taking of                near Point Breeze on the Schuylkill
                                                to what degree this rule would                          private property or otherwise have                    River. This rule is categorically
                                                economically affect it.                                 taking implications under Executive                   excluded from further review under
                                                                                                        Order 12630, Governmental Actions and                 paragraph 34(g) of Figure 2–1 of the
                                                3. Assistance for Small Entities                        Interference with Constitutionally                    Commandant Instruction. A preliminary
                                                   Under section 213(a) of the Small                    Protected Property Rights.                            environmental analysis checklist
                                                Business Regulatory Enforcement                                                                               supporting this determination and a
                                                                                                        9. Civil Justice Reform
                                                Fairness Act of 1996 (Pub. L. 104–121),                                                                       Categorical Exclusion Determination are
                                                we want to assist small entities in                       This rule meets applicable standards                available in the docket where indicated
                                                understanding this rule. If the rule                    in sections 3(a) and 3(b)(2) of Executive             under ADDRESSES. We seek any
                                                would affect your small business,                       Order 12988, Civil Justice Reform, to                 comments or information that may lead
                                                organization, or governmental                           minimize litigation, eliminate                        to the discovery of a significant
                                                jurisdiction and you have questions                     ambiguity, and reduce burden.                         environmental impact from this rule.
                                                concerning its provisions or options for                10. Protection of Children From
                                                compliance, please contact the person                                                                         List of Subjects in 33 CFR Part 165
                                                                                                        Environmental Health Risks
                                                listed in the FOR FURTHER INFORMATION                                                                           Harbors, Marine safety, Navigation
                                                CONTACT, above. The Coast Guard will                      We have analyzed this rule under
                                                                                                                                                              (water), Reporting and recordkeeping
                                                not retaliate against small entities that               Executive Order 13045, Protection of
                                                                                                                                                              requirements, Security measures,
                                                question or complain about this rule or                 Children from Environmental Health
                                                                                                                                                              Waterways.
                                                any policy or action of the Coast Guard.                Risks and Safety Risks. This rule is not
                                                                                                        an economically significant rule and                    For the reasons discussed in the
                                                4. Collection of Information                            would not create an environmental risk                preamble, the Coast Guard amends 33
                                                   This rule will not call for a new                    to health or risk to safety that might                CFR part 165 as follows:
                                                collection of information under the                     disproportionately affect children.
                                                                                                                                                              PART 165—REGULATED NAVIGATION
                                                Paperwork Reduction Act of 1995 (44                     11. Indian Tribal Governments                         AREAS AND LIMITED ACCESS AREAS
                                                U.S.C. 3501–3520.).
                                                                                                           This rule does not have tribal
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                                                5. Federalism                                           implications under Executive Order                    ■ 1. The authority citation for part 165
                                                   A rule has implications for federalism               13175, Consultation and Coordination                  continues to read as follows:
                                                under Executive Order 13132,                            with Indian Tribal Governments,                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                Federalism, if it has a substantial direct              because it would not have a substantial               33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                effect on the States, on the relationship               direct effect on one or more Indian                   Department of Homeland Security Delegation
                                                                                                                                                              No. 0170.1.
                                                between the national government and                     tribes, on the relationship between the
                                                the States, or on the distribution of                   Federal Government and Indian tribes,                 ■   2. Add § 165.784 to read as follows:


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                                                                 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations                                       52627

                                                § 165.784 Safety Zone, Schuylkill River;                permission of the Captain of the Port;                addressing changes to the NOX
                                                Philadelphia, PA                                        and                                                   Emissions from Stationary Gas Turbines
                                                   (a) Location. The following area is a                  (10) No person may take or place any                and Stationary Engines Rule and the
                                                safety zone: All waters of the Schuylkill               article or thing upon any waterfront                  February 5, 2015, SIP revision meet the
                                                River in Philadelphia, PA, inside a                     facility in a safety zone without the                 applicable provisions of the Clean Air
                                                boundary described as originating from                  permission of the Captain of the Port.                Act (CAA or Act).
                                                39°54′50″ N., 075°12′12″ W.; then West                    (d) Definitions. The Captain of the                 DATES: This rule is effective October 1,
                                                to 39°54′50″ N., 075°12′15″ W.; then                    Port means the Commander of Sector                    2015.
                                                Northeast to 39°55′10″ N., 075°12′05″                   Delaware Bay or any Coast Guard                       ADDRESSES: EPA has established a
                                                W.; the East to 39°55′10″ N., 075°12′04″                commissioned, warrant, or petty officer               docket for this action under Docket
                                                W.; then back to 39°54′50″ N.,                          who has been authorized by the Captain                Identification No. EPA–R04–OAR–
                                                075°12′12″ W.                                           of the Port to act on his behalf.                     2015–0161. All documents in the docket
                                                   (b) Enforcement period. (1) This                       (e) Enforcement. The U.S. Coast                     are listed on the www.regulations.gov
                                                regulation is enforced during times                     Guard may be assisted in the patrol and               Web site. Although listed in the index,
                                                when a barge having a beam (width) of                   enforcement of the Safety Zone by                     some information may not be publicly
                                                up to 80 feet is moored at the Deloach                  Federal, State, and local agencies.                   available, i.e., Confidential Business
                                                dock of Philadelphia Energy Solutions                     Dated: July 31, 2015.                               Information or other information whose
                                                near Point Breeze.                                                                                            disclosure is restricted by statute.
                                                                                                        B.A. Cooper,
                                                   (2) Prior to commencing enforcement                                                                        Certain other material, such as
                                                of this regulation, the COTP or                         Captain, U.S. Coast Guard, Captain of the
                                                                                                        Port Delaware Bay.                                    copyrighted material, is not placed on
                                                designated on-scene patrol personnel                                                                          the Internet and will be publicly
                                                will notify the public whenever the                     [FR Doc. 2015–21687 Filed 8–31–15; 8:45 am]
                                                                                                                                                              available only in hard copy form.
                                                regulation is being enforced, to include                BILLING CODE 9110–04–P
                                                                                                                                                              Publicly available docket materials are
                                                dates and times. The means of                                                                                 available either electronically through
                                                notification may include, but are not                                                                         www.regulations.gov or in hard copy at
                                                limited to, Broadcast Notice to Mariners,               ENVIRONMENTAL PROTECTION                              the Air Regulatory Management Section
                                                Local Notice to Mariners, Marine Safety                 AGENCY                                                (formerly the Regulatory Development
                                                Information Bulletins, or other                                                                               Section), Air Planning and
                                                appropriate means.                                      40 CFR Part 52
                                                                                                                                                              Implementation Branch (formerly the
                                                   (c) Regulations. (1) All persons are                 [EPA–R04–OAR–2015–0161; FRL–9933–32–                  Air Planning Branch), Air, Pesticides
                                                required to comply with the general                     Region 4]                                             and Toxics Management Division, U.S.
                                                regulations governing safety zones in 33                                                                      Environmental Protection Agency,
                                                CFR 165.23.                                             Approval and Promulgation of
                                                                                                                                                              Region 4, 61 Forsyth Street SW.,
                                                   (2) All persons and vessels transiting               Implementation Plans; Georgia:
                                                                                                                                                              Atlanta, Georgia 30303–8960. EPA
                                                through the Safety Zone must be                         Changes to Georgia Fuel Rule and
                                                                                                                                                              requests that if at all possible, you
                                                authorized by the Captain of the Port or                Other Miscellaneous Rules
                                                                                                                                                              contact the person listed in the FOR
                                                his representative.
                                                                                                        AGENCY:  Environmental Protection                     FURTHER INFORMATION CONTACT section to
                                                   (3) All persons or vessels wishing to
                                                                                                        Agency.                                               schedule your inspection. The Regional
                                                transit through the Safety Zone must
                                                                                                        ACTION: Final rule.                                   Office’s official hours of business are
                                                request authorization to do so from the
                                                                                                                                                              Monday through Friday, 8:30 a.m. to
                                                Captain of the Port or his representative
                                                                                                        SUMMARY:   The Environmental Protection               4:30 p.m., excluding Federal holidays.
                                                30 minutes prior to the intended time of
                                                transit.                                                Agency (EPA) is approving the State of                FOR FURTHER INFORMATION CONTACT:
                                                   (4) Vessels granted permission to                    Georgia’s February 5, 2015, State                     Richard Wong of the Air Regulatory
                                                transit must do so in accordance with                   Implementation Plan (SIP) revision,                   Management Section, in the Air
                                                the directions provided by the Captain                  submitted through the Georgia                         Planning and Implementation Branch,
                                                of the Port or his representative to the                Environmental Protection Division (GA                 Air, Pesticides and Toxics Management
                                                vessel.                                                 EPD), to modify the SIP by removing                   Division, U.S. Environmental Protection
                                                   (5) To seek permission to transit the                Georgia’s Gasoline Marketing Rule and                 Agency, Region 4, 61 Forsyth Street
                                                Safety Zone, the Captain of the Port or                 Consumer and Commercial Products                      SW., Atlanta, Georgia 30303–8960. Mr.
                                                his representative can be contacted via                 Rule, revising the Nitrogen Oxide (NOX)               Wong may be reached by phone at (404)
                                                Sector Delaware Bay Command Center                      Emissions from Stationary Gas Turbines                562–8726 or via electronic mail at
                                                (215) 271–4940.                                         and Stationary Engines Rule, and                      wong.richard@epa.gov.
                                                   (6) This section applies to all vessels              adding measures to offset the emissions               SUPPLEMENTARY INFORMATION:
                                                wishing to transit through the Safety                   increases expected from the changes to
                                                                                                        these rules. This modification to the SIP             I. Background for Final Action
                                                Zone except vessels that are engaged in
                                                the following operations:                               will affect, in varying ways, the 45                     On November 16, 1991, EPA
                                                   (i) Enforcing laws;                                  counties in and around the Atlanta,                   designated and classified the following
                                                   (ii) Servicing aids to navigation; and               Georgia, metropolitan area covered by                 counties in Georgia, either in their
                                                   (iii) Emergency response vessels.                    the Georgia Gasoline Marketing Rule                   entirety or portions thereof, as a serious
                                                   (7) No person or vessel may enter or                 (hereinafter referred to as the ‘‘Georgia             ozone nonattainment area for the 1-hour
                                                remain in a safety zone without the                     Fuel Area’’). Additionally, EPA is also               ozone NAAQS (hereinafter referred to as
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                                                permission of the Captain of the Port;                  approving structural changes to the NOX               the ‘‘Atlanta 1-Hour Ozone Area’’):
                                                   (8) Each person and vessel in a safety               Emissions from Stationary Gas Turbines                Cherokee, Clayton, Cobb, Coweta,
                                                zone shall obey any direction or order                  and Stationary Engines Rule included in               DeKalb, Douglas, Fayette, Forsyth,
                                                of the Captain of the Port;                             a SIP revision submitted by GA EPD on                 Fulton, Gwinnett, Henry, Paulding, and
                                                   (9) No person may board, or take or                  September 26, 2006. EPA has                           Rockdale. Among the requirements
                                                place any article or thing on board, any                determined that the portion of Georgia’s              applicable to the nonattainment area for
                                                vessel in a safety zone without the                     September 26, 2006, SIP revision                      the 1-hour ozone NAAQS was the


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Document Created: 2018-02-26 10:04:56
Document Modified: 2018-02-26 10:04:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on October 1, 2015.
ContactIf you have questions on this rule, call or email If you have questions on this final rule, call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 271- 4851, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 52625 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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