80_FR_57108 80 FR 56926 - Security Zone, Delaware River; Philadelphia, PA

80 FR 56926 - Security Zone, Delaware River; Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 182 (September 21, 2015)

Page Range56926-56929
FR Document2015-23631

The Coast Guard is establishing security zones in the waters of the Delaware River and Schuylkill River in Philadelphia, PA. These zones are intended to restrict vessels from portions of the Delaware River and Schuylkill River during the 2015 Papal visit on September 26, 2015, and September 27, 2015. During the enforcement period, no unauthorized vessels or people will be permitted to enter or move within the security zones without permission from the Captain of the Port or his designated representative. This security zone is necessary to provide security for Pope Francis.

Federal Register, Volume 80 Issue 182 (Monday, September 21, 2015)
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Pages 56926-56929]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23631]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0732]
RIN 1625-AA87


Security Zone, Delaware River; Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing security zones in the waters 
of the Delaware River and Schuylkill River in Philadelphia, PA. These 
zones are intended to restrict vessels from portions of the Delaware 
River and Schuylkill River during the 2015 Papal visit on September 26, 
2015, and September 27, 2015. During the enforcement period, no 
unauthorized vessels or people will be permitted to enter or move 
within the security zones without permission from the Captain of the 
Port or his designated representative. This security zone is necessary 
to provide security for Pope Francis.

DATES: This rule will be effective and enforced from 6:00 a.m. on 
September 25, 2015, to 12:00 p.m. on September 28, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0732]. 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 Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector 
Delaware Bay, Chief Waterways Management Division, Coast Guard; 
telephone (215) 271-4851,

[[Page 56927]]

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
COTP Captain of the Port

A. Regulatory History and Information

    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 Pope Francis' 
arrival and departure were not known until August 4, 2015. This late 
notification precludes the Coast Guard from publishing a NPRM while 
meeting the security zone's objectives of protecting Pope Francis and 
accompanying high-ranking government officials, and protect against 
sabotage or terrorist attacks to human life, vessels, mariners, and 
waterfront facilities at or near this event.
    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.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; 
and Department of Homeland Security Delegation No. 0170.1., which 
collectively authorize the Coast Guard to establish security zones.
    These temporary security zones are necessary to provide for the 
security of Pope Francis and accompanying high-ranking government 
officials, and protect against sabotage or terrorist attacks to human 
life, vessels, mariners, and waterfront facilities at or near this 
event.

C. Discussion of the Final Rule

    On September 26, 2015, Pope Francis and accompanying high-ranking 
government officials will be arriving in Philadelphia, PA. The Coast 
Guard is establishing several security zones in portions of the 
Delaware River and Schuylkill River in Philadelphia, PA.
    The first security zone will be enforced from September 26, 2015, 
at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes all 
the waters of the Delaware River from the New Jersey shore line, to the 
Pennsylvania shore line, beginning at the east end of Little Tinicum 
Island extending in a Northeasterly direction and ending at the mouth 
of the Schuylkill River;
    The second security zone will be enforced from September 25, 2015, 
at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes all 
the waters of the Schuylkill River inside a boundary described as 
originating from the South 34th street Bridge north and ending at the 
West Girard Avenue Bridge.
    The third security zone will be enforced from September 25, 2015, 
at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes all 
the waters of the Schuylkill River inside a boundary described as 
originating from the mouth of the Schuylkill River and ending 500 yards 
north of the George C. Platt Memorial Bridge.
    The fourth security zone will be enforced from September 26, 2015, 
at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes all 
waters of the Delaware River adjacent to the Ben Franklin Bridge 
bounded in the East by the New Jersey shoreline, bounded in the West by 
the Pennsylvania shoreline, bounded in the South by Latitude 
39[deg]56'31'' N., and bounded in the North by Latitude 39[deg]57'23'' 
N.
    The fifth security zone will be enforced on September 27, 2015, 
from 9:00 a.m. until 2:00 p.m. and includes all water of the Delaware 
River adjacent to Curran-Fromhold Correctional Facility, in North-East 
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 40[deg]00'54'' N., longitude 075[deg]01'00'' W.; thence to 
latitude 40[deg]01'15'' N., longitude 075[deg]01'19'' W., and bounded 
on the North by a line running east to west from points along the 
shoreline at latitude 40[deg]01'58'' N., longitude 074[deg]59'24'' W.; 
thence to latitude 40[deg]02'15'' N., longitude 074[deg]59'55'' W.
    Access to these security zones will be restricted during the 
specified date and time period. 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.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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.
    Although this regulation will restrict access to the security 
zones, the effect of this rule will not be significant because: this 
rule will only be enforced for a limited duration; vessels may be 
granted permission to transit through the zone on a case-by-case basis; 
and the Coast Guard will make notifications via maritime advisories so 
mariners can adjust their plans accordingly.

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 
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. These security zones will not have a significant economic 
impact on a substantial number of small entities for the reasons stated 
under paragraph D.1., Regulatory Planning and Review.

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

[[Page 56928]]

concerning its provisions or options for compliance, please contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section above.
    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.

4. 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).

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.

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 will 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 will not affect 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

    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 does not create an 
environmental risk to health or risk to safety that may 
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 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.

12. Energy Effects

    This action 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 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 the establishment of a security zone 
and 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 not required.

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.T05-0732 to read as follows:


Sec.  165.T05-0732  Security Zone, Delaware River; Philadelphia, PA.

    (a) Locations and enforcement periods. The Coast Guard is 
establishing security zones in portions of the Delaware River and 
Schuylkill River in Philadelphia, PA.
    (1) The first security zone will be enforced from September 26, 
2015, at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes 
all the waters of the Delaware River from the New Jersey shore line, to 
the Pennsylvania shore line, beginning at the east end of Little 
Tinicum Island extending in a Northeasterly direction and ending at the 
mouth of the Schuylkill River;
    (2) The second security zone will be enforced from September 25, 
2015, at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes 
all the waters of the Schuylkill River inside a boundary described as 
originating from the South 34th street Bridge north and ending at the 
West Girard Avenue Bridge.
    (3) The third security zone will be enforced from September 25, 
2015, at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes 
all the waters of the Schuylkill River inside a boundary described as 
originating from the mouth of the Schuylkill River and ending 500 yards 
north of the George C. Platt Memorial Bridge.
    (4) The fourth security zone will be enforced from September 26, 
2015, at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes 
all waters of the Delaware River adjacent to the Ben Franklin Bridge 
bounded in the East by the New Jersey shoreline, bounded in the West by 
the Pennsylvania shoreline,

[[Page 56929]]

bounded in the South by Latitude 39[deg]56'31'' N., and bounded in the 
North by Latitude 39[deg]57'23'' N.
    (5) The fifth security zone will be enforced on September 27, 2015, 
from 9:00 a.m. until 2:00 p.m. and includes all water of the Delaware 
River adjacent to Curran-Fromhold Correctional Facility, in North-East 
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 40[deg]00'54'' N., longitude 075[deg]01'00'' W.; thence to 
latitude 40[deg]01'15'' N., longitude 075[deg]01'19'' W., and bounded 
on the North by a line running east to west from points along the 
shoreline at latitude 40[deg]01'58'' N., longitude 074[deg]59'24'' W.; 
thence to latitude 40[deg]02'15'' N., longitude 074[deg]59'55'' W.
    (b) Regulations. The general security zone regulations found in 33 
CFR part 165 subpart C apply to the security zones created by this 
section.
    (1) All persons and vessels are prohibited from entering these 
security zones, except as authorized by the Coast Guard Captain of the 
Port or his designated representative.
    (2) To seek permission to transit any of these security zones, the 
Captain of the Port or his designated representative can be contacted 
via Sector Delaware Bay Command Center (215) 271-4940 or on VHF-FM 
marine band radio channel 16 (156.8 MHz).
    (3) Vessels granted permission to transit through the security 
zones must do so in accordance with the directions provided by the 
Captain of the Port or his designated representative to the vessel.
    (4) This section applies to all vessels wishing to transit through 
the security zones except vessels that are engaged in the following 
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; or
    (iii) Emergency response vessels.
    (5) No person or vessel may enter or remain in a security zone 
without the permission of the Captain of the Port;
    (6) Each person and vessel in a security zone shall obey any 
direction or order of the Captain of the Port;
    (c) Definitions in this section--(1) Captain of the Port means the 
Commander, Coast Guard 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.
    (2) Designated representative means any Coast Guard commissioned, 
warrant or petty officer who has been authorized by the Captain of the 
Port, Delaware Bay to assist in enforcing the security zone described 
in paragraph (a) of this section.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted by 
Federal, State, and local agencies in the patrol and enforcement of the 
zone.

    Dated: September 8, 2015.
B.A. Cooper,
Captain, U. S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2015-23631 Filed 9-18-15; 8:45 am]
 BILLING CODE 9110-04-P



                                             56926            Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations

                                             Washington, DC 20220 within 10                          and provided that any depository                        Dated: September 16, 2015.
                                             business days from the date such funds                  institution making use of the                         John E. Smith,
                                             transfers are released. Such reports shall              authorization in this section must                    Acting Director, Office of Foreign Assets
                                             include the following:                                  submit a report to the Department of the              Control.
                                                (1) Where available, a copy of the                   Treasury, Office of Foreign Assets                    [FR Doc. 2015–23587 Filed 9–18–15; 8:45 am]
                                             original blocking report filed with                     Control, Attn: Sanctions Compliance &                 BILLING CODE 4810–AL–P
                                             OFAC pursuant to § 501.603(b)(1) of this                Evaluation Division, 1500 Pennsylvania
                                             chapter.                                                Ave NW., Annex, Washington, DC
                                                (2) The date the unblocked funds
                                                                                                     20220, no later than 30 days following                DEPARTMENT OF HOMELAND
                                             transfer was released;
                                                (3) The amount of funds unblocked;                   the establishment of the account. Such                SECURITY
                                                (4) The name of the party to whom the                report shall include the name and
                                                                                                     address of the depository institution, the            Coast Guard
                                             funds were released; and
                                                (5) A reference to this section as the               name of the account holder, and the
                                                                                                     account number.                                       33 CFR Part 165
                                             legal authority under which the funds
                                             transfer was unblocked and returned.                    ■ 33. Add § 515.587 to subpart E to read              [Docket No. USCG–2015–0732]
                                             ■ 31. Amend § 515.585 by revising the                   as follows:                                           RIN 1625–AA87
                                             section heading, designating the
                                             undesignated paragraph as paragraph                     § 515.587 Remittances from Cuban                      Security Zone, Delaware River;
                                             (a), revising newly designated paragraph                nationals to persons subject to U.S.                  Philadelphia, PA
                                             (a), and adding paragraph (b) to read as                jurisdiction.
                                             follows:                                                                                                      AGENCY:    Coast Guard, DHS.
                                                                                                       Persons subject to U.S. jurisdiction
                                                                                                                                                           ACTION:   Temporary final rule.
                                             § 515.585 Certain transactions with certain             are authorized to receive remittances in
                                             Cuban nationals in third countries.                     the United States from Cuban nationals,               SUMMARY:   The Coast Guard is
                                                (a) Persons subject to U.S. jurisdiction             wherever located, provided that the                   establishing security zones in the waters
                                             are authorized to provide goods and                     remitter is not a prohibited official of              of the Delaware River and Schuylkill
                                             services to a Cuban national located in                 the Government of Cuba, as defined in                 River in Philadelphia, PA. These zones
                                             a third country who is an individual,                   § 515.337, or a prohibited member of the              are intended to restrict vessels from
                                             provided that the transaction does not                  Cuban Communist Party, as defined in                  portions of the Delaware River and
                                             involve a commercial exportation,                       § 515.338.                                            Schuylkill River during the 2015 Papal
                                             directly or indirectly, of goods or                                                                           visit on September 26, 2015, and
                                                                                                       Note to § 515.587: See § 515.572 for an
                                             services to or from Cuba.                                                                                     September 27, 2015. During the
                                                                                                     authorization to provide services related to
                                                (b)(1) Opening and maintaining bank                                                                        enforcement period, no unauthorized
                                                                                                     the receipt of remittances authorized by this
                                             accounts. Banking institutions, as                                                                            vessels or people will be permitted to
                                                                                                     section.
                                             defined in § 515.314, are authorized to                                                                       enter or move within the security zones
                                             open and maintain accounts, including                   ■ 34. Add § 515.588 to subpart E to read              without permission from the Captain of
                                             the deposit of funds in such accounts by                                                                      the Port or his designated
                                                                                                     as follows:
                                             wire transfer, for a Cuban national                                                                           representative. This security zone is
                                             located in a third country who is an                    § 515.588 Certain Cuban legal services                necessary to provide security for Pope
                                             individual, provided that such accounts                 authorized.                                           Francis.
                                             are used only while the Cuban national
                                                                                                        (a) All transactions, including                    DATES:  This rule will be effective and
                                             is located outside of Cuba and may not
                                                                                                     payments, ordinarily incident to receipt              enforced from 6:00 a.m. on September
                                             be used for transactions that involve a
                                                                                                     of the following legal services from                  25, 2015, to 12:00 p.m. on September
                                             commercial exportation of goods or
                                                                                                     Cuba or from a Cuban national are                     28, 2015.
                                             services to or from Cuba.
                                                (2) Closing bank accounts. Banking                   authorized: legal advice and counseling               ADDRESSES: Documents mentioned in
                                             institutions, as defined in § 515.314, are              on the requirements of and compliance                 this preamble are part of docket [USCG–
                                             authorized to close an account opened                   with the laws of Cuba or any                          2015–0732]. To view documents
                                             pursuant to the authorization in                        jurisdiction within Cuba, provided that               mentioned in this preamble as being
                                             paragraph (b)(1) of this section.                       such advice and counseling relate to                  available in the docket, go to http://
                                             *      *    *     *     *                               transactions authorized by or exempt                  www.regulations.gov, type the docket
                                                                                                     from the prohibitions of this part.                   number in the ‘‘SEARCH’’ box and click
                                             ■ 32. Amend § 515.586 by revising
                                                                                                                                                           ‘‘SEARCH.’’ Click on Open Docket
                                             paragraph (c) to read as follows:                          (b) The receipt of any other legal                 Folder on the line associated with this
                                                                                                     services from Cuba or a Cuban national,               rulemaking. You may also visit the
                                             § 515.586 Cuban official missions in the
                                             United States.                                          not otherwise authorized in this part,                Docket Management Facility in Room
                                                                                                     requires the issuance of a specific                   W12–140 on the ground floor of the
                                             *     *     *     *     *
                                               (c) Depository institutions, as defined               license.                                              Department of Transportation West
                                             in § 515.333, are authorized to operate                 ■ 35. Add § 515.589 to subpart E to read              Building, 1200 New Jersey Avenue SE.,
                                             accounts for, extend credit to, and                     as follows:                                           Washington, DC 20590, between 9 a.m.
                                             process funds transfers on behalf of the                                                                      and 5 p.m., Monday through Friday,
                                             official missions of the Government of                  § 515.589 Authorization of emergency                  except Federal holidays.
rmajette on DSK7SPTVN1PROD with RULES




                                             Cuba to the United States, and the                      medical services.                                     FOR FURTHER INFORMATION CONTACT: If
                                             official missions of the Government of                    The provision of nonscheduled                       you have questions on this rule, call or
                                             Cuba to international organizations in                  emergency medical services in the                     email Lieutenant Brennan Dougherty,
                                             the United States, and employees                        United States to Cuban nationals is                   U.S. Coast Guard, Sector Delaware Bay,
                                             thereof, subject to the limitations in                  authorized.                                           Chief Waterways Management Division,
                                             paragraphs (a) and (b) of this section                                                                        Coast Guard; telephone (215) 271–4851,


                                        VerDate Sep<11>2014   13:55 Sep 18, 2015   Jkt 235001   PO 00000   Frm 00034   Fmt 4700   Sfmt 4700   E:\FR\FM\21SER1.SGM   21SER1


                                                              Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations                                       56927

                                             email Brennan.P.Dougherty@uscg.mil. If                  C. Discussion of the Final Rule                       specifically authorized by the Captain of
                                             you have questions on viewing or                           On September 26, 2015, Pope Francis                the Port, Delaware Bay or his designated
                                             submitting material to the docket, call                 and accompanying high-ranking                         representative may enter or remain in
                                             Cheryl Collins, Program Manager,                        government officials will be arriving in              the regulated area.
                                             Docket Operations, telephone (202)                      Philadelphia, PA. The Coast Guard is                  D. Regulatory Analyses
                                             366–9826.                                               establishing several security zones in
                                                                                                                                                             We developed this rule after
                                             SUPPLEMENTARY INFORMATION:                              portions of the Delaware River and
                                                                                                                                                           considering numerous statutes and
                                                                                                     Schuylkill River in Philadelphia, PA.
                                             Table of Acronyms                                                                                             executive orders related to rulemaking.
                                                                                                        The first security zone will be
                                                                                                                                                           Below we summarize our analyses
                                             DHS Department of Homeland Security                     enforced from September 26, 2015, at
                                                                                                                                                           based on these statutes and executive
                                             FR Federal Register                                     6:00 a.m. until September 28, 2015, at
                                                                                                                                                           orders.
                                             NPRM Notice of Proposed Rulemaking                      12:00 p.m. and includes all the waters
                                             COTP Captain of the Port                                of the Delaware River from the New                    1. Regulatory Planning and Review
                                                                                                     Jersey shore line, to the Pennsylvania                   This rule is not a significant
                                             A. Regulatory History and Information                   shore line, beginning at the east end of              regulatory action under section 3(f) of
                                                                                                     Little Tinicum Island extending in a                  Executive Order 12866, Regulatory
                                                The Coast Guard is issuing this
                                                                                                     Northeasterly direction and ending at                 Planning and Review, as supplemented
                                             temporary final rule without prior
                                                                                                     the mouth of the Schuylkill River;                    by Executive Order 13563, Improving
                                             notice and opportunity to comment
                                                                                                        The second security zone will be                   Regulation and Regulatory Review, and
                                             pursuant to authority under section 4(a)
                                                                                                     enforced from September 25, 2015, at                  does not require an assessment of
                                             of the Administrative Procedure Act
                                                                                                     6:00 a.m. until September 28, 2015, at                potential costs and benefits under
                                             (APA) (5 U.S.C. 553(b)). This provision
                                                                                                     12:00 p.m. and includes all the waters                section 6(a)(3) of Executive Order 12866
                                             authorizes an agency to issue a rule
                                                                                                     of the Schuylkill River inside a                      or under section 1 of Executive Order
                                             without prior notice and opportunity to
                                                                                                     boundary described as originating from                13563. The Office of Management and
                                             comment when the agency for good
                                                                                                     the South 34th street Bridge north and                Budget has not reviewed it under those
                                             cause finds that those procedures are
                                                                                                     ending at the West Girard Avenue                      Orders.
                                             ‘‘impracticable, unnecessary, or contrary
                                                                                                     Bridge.                                                  Although this regulation will restrict
                                             to the public interest.’’ Under 5 U.S.C.
                                                                                                        The third security zone will be                    access to the security zones, the effect
                                             553(b)(B), the Coast Guard finds that
                                                                                                     enforced from September 25, 2015, at                  of this rule will not be significant
                                             good cause exists for not publishing a
                                                                                                     6:00 a.m. until September 28, 2015, at                because: this rule will only be enforced
                                             notice of proposed rulemaking (NPRM)
                                                                                                     12:00 p.m. and includes all the waters                for a limited duration; vessels may be
                                             with respect to this rule because the
                                                                                                     of the Schuylkill River inside a                      granted permission to transit through
                                             final details for Pope Francis’ arrival
                                                                                                     boundary described as originating from                the zone on a case-by-case basis; and the
                                             and departure were not known until
                                                                                                     the mouth of the Schuylkill River and                 Coast Guard will make notifications via
                                             August 4, 2015. This late notification
                                                                                                     ending 500 yards north of the George C.               maritime advisories so mariners can
                                             precludes the Coast Guard from
                                                                                                     Platt Memorial Bridge.                                adjust their plans accordingly.
                                             publishing a NPRM while meeting the                        The fourth security zone will be
                                             security zone’s objectives of protecting                enforced from September 26, 2015, at                  2. Impact on Small Entities
                                             Pope Francis and accompanying high-                     6:00 a.m. until September 28, 2015, at
                                             ranking government officials, and                                                                                The Regulatory Flexibility Act of 1980
                                                                                                     12:00 p.m. and includes all waters of the             (RFA), 5 U.S.C. 601–612, as amended,
                                             protect against sabotage or terrorist                   Delaware River adjacent to the Ben
                                             attacks to human life, vessels, mariners,                                                                     requires federal agencies to consider the
                                                                                                     Franklin Bridge bounded in the East by                potential impact of regulations on small
                                             and waterfront facilities at or near this               the New Jersey shoreline, bounded in
                                             event.                                                                                                        entities during rulemaking. The term
                                                                                                     the West by the Pennsylvania shoreline,               ‘‘small entities’’ comprises small
                                                For similar reasons, under 5 U.S.C.                  bounded in the South by Latitude                      businesses, not-for-profit organizations
                                             553(d)(3), the Coast Guard finds that                   39°56′31″ N., and bounded in the North                that are independently owned and
                                             good cause exists for making this                       by Latitude 39°57′23″ N.                              operated and are not dominant in their
                                             temporary rule effective less than 30                      The fifth security zone will be                    fields, and governmental jurisdictions
                                             days after publication in the Federal                   enforced on September 27, 2015, from                  with populations of less than 50,000.
                                             Register.                                               9:00 a.m. until 2:00 p.m. and includes                   The Coast Guard certifies under 5
                                             B. Basis and Purpose                                    all water of the Delaware River adjacent              U.S.C. 605(b) that this rule will not have
                                                                                                     to Curran-Fromhold Correctional                       a significant economic impact on a
                                                The legal basis and authorities for this             Facility, in North-East Philadelphia, PA,             substantial number of small entities.
                                             rule are found in 33 U.S.C. 1231; 50                    bounded from shoreline to shoreline,                  These security zones will not have a
                                             U.S.C. 191; 33 CFR 1.05–1, 6.04–1,                      bounded on the south by a line running                significant economic impact on a
                                             6.04–6 and 160.5; and Department of                     east to west from points along the                    substantial number of small entities for
                                             Homeland Security Delegation No.                        shoreline at latitude 40°00′54″ N.,                   the reasons stated under paragraph D.1.,
                                             0170.1., which collectively authorize                   longitude 075°01′00″ W.; thence to                    Regulatory Planning and Review.
                                             the Coast Guard to establish security                   latitude 40°01′15″ N., longitude
                                             zones.                                                  075°01′19″ W., and bounded on the                     3. Assistance for Small Entities
                                                These temporary security zones are                   North by a line running east to west                     Under section 213(a) of the Small
                                             necessary to provide for the security of                                                                      Business Regulatory Enforcement
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                                                                                                     from points along the shoreline at
                                             Pope Francis and accompanying high-                     latitude 40°01′58″ N., longitude                      Fairness Act of 1996 (Pub. L. 104–121),
                                             ranking government officials, and                       074°59′24″ W.; thence to latitude                     we want to assist small entities in
                                             protect against sabotage or terrorist                   40°02′15″ N., longitude 074°59′55″ W.                 understanding this rule. If the rule
                                             attacks to human life, vessels, mariners,                  Access to these security zones will be             would affect your small business,
                                             and waterfront facilities at or near this               restricted during the specified date and              organization, or governmental
                                             event.                                                  time period. Only vessels or people                   jurisdiction and you have questions


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                                             56928            Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations

                                             concerning its provisions or options for                8. Taking of Private Property                         environmental analysis checklist
                                             compliance, please contact the person                      This rule will not affect a taking of              supporting this determination and a
                                             listed in the FOR FURTHER INFORMATION                   private property or otherwise have                    Categorical Exclusion Determination are
                                             CONTACT section above.                                  taking implications under Executive                   not required.
                                                Small businesses may send comments                   Order 12630, Governmental Actions and                 List of Subjects in 33 CFR Part 165
                                             on the actions of Federal employees                     Interference with Constitutionally
                                                                                                                                                             Harbors, Marine safety, Navigation
                                             who enforce, or otherwise determine                     Protected Property Rights.
                                                                                                                                                           (water), Reporting and recordkeeping
                                             compliance with, Federal regulations to
                                                                                                     9. Civil Justice Reform                               requirements, Security measures,
                                             the Small Business and Agriculture
                                                                                                        This rule meets applicable standards               Waterways.
                                             Regulatory Enforcement Ombudsman
                                             and the Regional Small Business                         in sections 3(a) and 3(b)(2) of Executive               For the reasons discussed in the
                                             Regulatory Fairness Boards. The                         Order 12988, Civil Justice Reform, to                 preamble, the Coast Guard amends 33
                                             Ombudsman evaluates these actions                       minimize litigation, eliminate                        CFR part 165 as follows:
                                             annually and rates each agency’s                        ambiguity, and reduce burden.
                                                                                                                                                           PART 165—REGULATED NAVIGATION
                                             responsiveness to small business. If you                10. Protection of Children                            AREAS AND LIMITED ACCESS AREAS
                                             wish to comment on actions by
                                             employees of the Coast Guard, call 1–                     We have analyzed this rule under
                                                                                                     Executive Order 13045, Protection of                  ■ 1. The authority citation for part 165
                                             888–REG–FAIR (1–888–734–3247). The                                                                            continues to read as follows:
                                             Coast Guard will not retaliate against                  Children from Environmental Health
                                                                                                     Risks and Safety Risks. This rule is not                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             small entities that question or complain                                                                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             about this rule or any policy or action                 an economically significant rule and
                                                                                                     does not create an environmental risk to              Department of Homeland Security Delegation
                                             of the Coast Guard.                                                                                           No. 0170.1.
                                                                                                     health or risk to safety that may
                                             4. Collection of Information                            disproportionately affect children.                   ■ 2. Add § 165.T05–0732 to read as
                                                                                                                                                           follows:
                                               This rule calls for no new collection                 11. Indian Tribal Governments
                                             of information under the Paperwork                                                                            § 165.T05–0732 Security Zone, Delaware
                                                                                                        This rule does not have tribal
                                             Reduction Act of 1995 (44 U.S.C. 3501–                                                                        River; Philadelphia, PA.
                                                                                                     implications under Executive Order
                                             3520).                                                  13175, Consultation and Coordination                    (a) Locations and enforcement
                                                                                                     with Indian Tribal Governments,                       periods. The Coast Guard is establishing
                                             5. Federalism                                                                                                 security zones in portions of the
                                                                                                     because it does not have a substantial
                                                A rule has implications for federalism               direct effect on one or more Indian                   Delaware River and Schuylkill River in
                                             under Executive Order 13132,                            tribes, on the relationship between the               Philadelphia, PA.
                                             Federalism, if it has a substantial direct              Federal Government and Indian tribes,                   (1) The first security zone will be
                                             effect on the States, on the relationship               or on the distribution of power and                   enforced from September 26, 2015, at
                                             between the national government and                     responsibilities between the Federal                  6:00 a.m. until September 28, 2015, at
                                             the States, or on the distribution of                   Government and Indian tribes.                         12:00 p.m. and includes all the waters
                                             power and responsibilities among the                                                                          of the Delaware River from the New
                                                                                                     12. Energy Effects                                    Jersey shore line, to the Pennsylvania
                                             various levels of government. We have
                                             analyzed this rule under that Order and                   This action is not a ‘‘significant                  shore line, beginning at the east end of
                                             determined that this rule does not have                 energy action’’ under Executive Order                 Little Tinicum Island extending in a
                                             implications for federalism.                            13211, Actions Concerning Regulations                 Northeasterly direction and ending at
                                                                                                     That Significantly Affect Energy Supply,              the mouth of the Schuylkill River;
                                             6. Protest Activities                                   Distribution, or Use.                                   (2) The second security zone will be
                                                                                                                                                           enforced from September 25, 2015, at
                                               The Coast Guard respects the First                    13. Technical Standards                               6:00 a.m. until September 28, 2015, at
                                             Amendment rights of protesters.                           This rule does not use technical                    12:00 p.m. and includes all the waters
                                             Protesters are asked to contact the                     standards. Therefore, we did not                      of the Schuylkill River inside a
                                             person listed in the FOR FURTHER                        consider the use of voluntary consensus               boundary described as originating from
                                             INFORMATION CONTACT section to                                                                                the South 34th street Bridge north and
                                                                                                     standards.
                                             coordinate protest activities so that your                                                                    ending at the West Girard Avenue
                                             message can be received without                         14. Environment                                       Bridge.
                                             jeopardizing the safety or security of                    We have analyzed this rule under                      (3) The third security zone will be
                                             people, places or vessels.                              Department of Homeland Security                       enforced from September 25, 2015, at
                                             7. Unfunded Mandates Reform Act                         Management Directive 023–01 and                       6:00 a.m. until September 28, 2015, at
                                                                                                     Commandant Instruction M16475.lD,                     12:00 p.m. and includes all the waters
                                               The Unfunded Mandates Reform Act                      which guide the Coast Guard in                        of the Schuylkill River inside a
                                             of 1995 (2 U.S.C. 1531–1538) requires                   complying with the National                           boundary described as originating from
                                             Federal agencies to assess the effects of               Environmental Policy Act of 1969                      the mouth of the Schuylkill River and
                                             their discretionary regulatory actions. In              (NEPA) (42 U.S.C. 4321–4370f), and                    ending 500 yards north of the George C.
                                             particular, the Act addresses actions                   have determined that this action is one               Platt Memorial Bridge.
                                             that may result in the expenditure by a                 of a category of actions that do not                    (4) The fourth security zone will be
                                             State, local, or tribal government, in the              individually or cumulatively have a                   enforced from September 26, 2015, at
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                                             aggregate, or by the private sector of                  significant effect on the human                       6:00 a.m. until September 28, 2015, at
                                             $100,000,000 (adjusted for inflation) or                environment. This rule involves the                   12:00 p.m. and includes all waters of the
                                             more in any one year. Though this rule                  establishment of a security zone and is               Delaware River adjacent to the Ben
                                             will not result in such an expenditure,                 categorically excluded from further                   Franklin Bridge bounded in the East by
                                             we do discuss the effects of this rule                  review under paragraph 34(g) of Figure                the New Jersey shoreline, bounded in
                                             elsewhere in this preamble.                             2–1 of the Commandant Instruction. An                 the West by the Pennsylvania shoreline,


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                                                              Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations                                          56929

                                             bounded in the South by Latitude                        described in paragraph (a) of this                      8. Updates a hyperlink in DFARS
                                             39°56′31″ N., and bounded in the North                  section.                                              clause 252.204–7012 and makes minor
                                             by Latitude 39°57′23″ N.                                  (d) Enforcement officials. The U.S.                 editorial revisions; and
                                                (5) The fifth security zone will be                  Coast Guard may be assisted by Federal,                 9. Corrects a cross reference in DFARS
                                             enforced on September 27, 2015, from                    State, and local agencies in the patrol               clause 252.239–7009.
                                             9:00 a.m. until 2:00 p.m. and includes                  and enforcement of the zone.                          List of Subjects in 48 CFR 204, 212, 213,
                                             all water of the Delaware River adjacent                  Dated: September 8, 2015.                           215, 216, 217, 219, 225, 239, and 252
                                             to Curran-Fromhold Correctional                         B.A. Cooper,
                                             Facility, in North-East Philadelphia, PA,                                                                       Government procurement.
                                                                                                     Captain, U. S. Coast Guard, Captain of the
                                             bounded from shoreline to shoreline,                    Port, Delaware Bay.                                   Jennifer L. Hawes,
                                             bounded on the south by a line running                                                                        Editor, Defense Acquisition Regulations
                                                                                                     [FR Doc. 2015–23631 Filed 9–18–15; 8:45 am]
                                             east to west from points along the                                                                            System.
                                                                                                     BILLING CODE 9110–04–P
                                             shoreline at latitude 40°00′54″ N.,
                                                                                                                                                             Therefore, 48 CFR parts 204, 212, 213,
                                             longitude 075°01′00″ W.; thence to
                                                                                                                                                           215, 216, 217, 219, 225, 239, and 252 are
                                             latitude 40°01′15″ N., longitude
                                                                                                                                                           amended as follows:
                                             075°01′19″ W., and bounded on the                       DEPARTMENT OF DEFENSE                                 ■ 1. The authority citation for 48 CFR
                                             North by a line running east to west
                                             from points along the shoreline at                      Defense Acquisition Regulations                       parts 204, 212, 213, 215, 216, 217, 219,
                                             latitude 40°01′58″ N., longitude                        System                                                225, 239, and 252 continues to read as
                                             074°59′24″ W.; thence to latitude                                                                             follows:
                                             40°02′15″ N., longitude 074°59′55″ W.                   48 CFR Parts 204, 212, 213, 215, 216,                   Authority: 41 U.S.C. 1303 and 48 CFR
                                                (b) Regulations. The general security                217, 219, 225, 239, and 252                           chapter 1.
                                             zone regulations found in 33 CFR part
                                             165 subpart C apply to the security                     Defense Federal Acquisition                           PART 204—ADMINISTRATIVE
                                             zones created by this section.                          Regulation Supplement; Technical                      MATTERS
                                                (1) All persons and vessels are                      Amendments                                            204.7304    [Amended]
                                             prohibited from entering these security                 AGENCY:  Defense Acquisition                          ■ 2. Amend section 204.7304, paragraph
                                             zones, except as authorized by the Coast                Regulations System, Department of                     (a), by removing, in two places, the
                                             Guard Captain of the Port or his                        Defense (DoD).                                        phrase ‘‘solicitations and contracts’’ and
                                             designated representative.                                                                                    adding ‘‘solicitations’’ in both places.
                                                                                                     ACTION: Final rule.
                                                (2) To seek permission to transit any
                                             of these security zones, the Captain of                 SUMMARY:  DoD is making technical                     PART 212—ACQUISITION OF
                                             the Port or his designated representative               amendments to the Defense Federal                     COMMERCIAL ITEMS
                                             can be contacted via Sector Delaware                    Acquisition Regulation Supplement
                                             Bay Command Center (215) 271–4940 or                                                                          212.301    [Amended]
                                                                                                     (DFARS) to provide needed editorial
                                             on VHF–FM marine band radio channel                                                                           ■  3. Amend section 212.301 by—
                                                                                                     changes.                                              ■  a. In paragraph (f)(ii)(A), removing
                                             16 (156.8 MHz).
                                                (3) Vessels granted permission to                    DATES: Effective September 21, 2015.                  ‘‘204.7304(b)’’ and adding ‘‘204.7304(a)’’
                                             transit through the security zones must                 FOR FURTHER INFORMATION CONTACT:     Ms.              in its place;
                                                                                                     Jennifer L. Hawes, Defense Acquisition                ■ b. In paragraph (f)(ii)(B), removing
                                             do so in accordance with the directions
                                             provided by the Captain of the Port or                  Regulations System,                                   ‘‘204.7304(c)’’ and adding ‘‘204.7304(b)’’
                                             his designated representative to the                    OUSD(AT&L)DPAP(DARS), Room                            in its place;
                                                                                                                                                           ■ c. In paragraph (f)(ii)(D), removing
                                             vessel.                                                 3B941, 3060 Defense Pentagon,
                                                                                                     Washington, DC 20301–3060.                            ‘‘204.7304(a)’’ and adding ‘‘204.7304(c)’’
                                                (4) This section applies to all vessels
                                                                                                     Telephone 571–372–6115; facsimile                     in its place; and
                                             wishing to transit through the security                                                                       ■ d. In paragraph (f)(x)(BB), removing
                                             zones except vessels that are engaged in                571–372–6094.
                                                                                                                                                           ‘‘10 U.S.C. 2327(b)’’ and adding ‘‘10
                                             the following operations:                               SUPPLEMENTARY INFORMATION: This final                 U.S.C. 2279’’ in its place.
                                                (i) Enforcing laws;                                  rule amends the DFARS as follows—
                                                (ii) Servicing aids to navigation; or                  1. Removes the phrase ‘‘and                         PART 213—SIMPLIFIED ACQUISITION
                                                (iii) Emergency response vessels.                    contracts’’ in two places in the                      PROCEDURES
                                                (5) No person or vessel may enter or                 prescription at DFARS 204.7304(a);
                                             remain in a security zone without the                     2. Revises cross references cited in                ■ 4. Revise the subpart 213.5 heading to
                                             permission of the Captain of the Port;                  DFARS 212.301, 217.770, and                           read as follows:
                                                (6) Each person and vessel in a                      225.370(d);
                                                                                                                                                           Subpart 213.5—Simplified Procedures
                                             security zone shall obey any direction or                 3. Revises the heading for DFARS
                                                                                                                                                           for Certain Commercial Items
                                             order of the Captain of the Port;                       subpart 213.5 to align with the Federal
                                                (c) Definitions in this section—(1)                  Acquisition Regulation (FAR) subpart                  PART 215—CONTRACTING BY
                                             Captain of the Port means the                           13.5 heading;                                         NEGOTIATION
                                             Commander, Coast Guard Sector                             4. Updates a hyperlink at DFARS
                                             Delaware Bay, or any Coast Guard                        215.404–71–3(b)(7);                                   215.404–71–3      [Amended]
                                             commissioned, warrant or petty officer                    5. Updates an address at DFARS                      ■  5. Amend section 215.404–71–3,
                                             who has been authorized by the Captain                  216.504(c)(1)(ii)(D)(ii);                             paragraph (b)(7), by removing the
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                                             of the Port to act on his behalf.                         6. Directs contracting officers to                  hyperlink ‘‘(see http://
                                                (2) Designated representative means                  additional DFARS Procedures,                          www.treasurydirect.gov/govt/rates/tcir/
                                             any Coast Guard commissioned, warrant                   Guidance, and Information (PGI) by                    tcir_index_opdirsemi.htm)’’ and adding
                                             or petty officer who has been authorized                adding a reference at DFARS 219.201;                  ‘‘(see https://www.fiscal.treasury.gov/
                                             by the Captain of the Port, Delaware Bay                  7. Updates a reference to a DoD                     fsservices/gov/pmt/promptPayment/
                                             to assist in enforcing the security zone                Directive at DFARS 239.7102–1;                        rates.htm)’’ in its place.


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Document Created: 2015-12-15 09:39:04
Document Modified: 2015-12-15 09:39:04
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
ActionTemporary final rule.
DatesThis rule will be effective and enforced from 6:00 a.m. on September 25, 2015, to 12:00 p.m. on September 28, 2015.
ContactIf you have questions on this 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 56926 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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