81 FR 48331 - Security Zone, Delaware River, Schuylkill River; Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 142 (July 25, 2016)

Page Range		48331-48333
FR Document		2016-17440

The Coast Guard is establishing temporary security zones in the waters of the Delaware River, Schuylkill River, and Darby Creek, in Philadelphia, PA. These temporary zones are intended to restrict vessels from portions of the Delaware River, Schuylkill River, and Darby Creek during the Democratic National Convention from July 25, 2016, to July 29, 2016. During the enforcement period, no unauthorized vessels or people will be permitted to enter or move within the security zone without permission from the Captain of the Port or his designated representative. This security zone is necessary to provide security for the Democratic National Convention.

Federal Register, Volume 81 Issue 142 (Monday, July 25, 2016)

[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48331-48333]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17440]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0363]
RIN 1625-AA87


Security Zone, Delaware River, Schuylkill River; Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

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SUMMARY: The Coast Guard is establishing temporary security zones in 
the waters of the Delaware River, Schuylkill River, and Darby Creek, in 
Philadelphia, PA. These temporary zones are intended to restrict 
vessels from portions of the Delaware River, Schuylkill River, and 
Darby Creek during the Democratic National Convention from July 25, 
2016, to July 29, 2016. During the enforcement period, no unauthorized 
vessels or people will be permitted to enter or move within the 
security zone without permission from the Captain of the Port or his 
designated representative. This security zone is necessary to provide 
security for the Democratic National Convention.

DATES: This rule is effective from 11:00 a.m. on July 25, 2016, to 1:00 
a.m. on July 29, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0363 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Tom Simkins, U.S. Coast Guard, Sector 
Delaware Bay, Waterways Management Division, Coast Guard; telephone 
(215)271-4851, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the final details for the Democratic 
National Convention were not known until July 12, 2016. Delaying the 
effective date by first publishing an NPRM and holding a comment period 
would be contrary to the rule's objectives of ensuring safety of life 
on the navigable waters and protection of the Democratic Nation 
Convention and the accompanying high-ranking government officials.
    For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this temporary rule effective 
less than 30 days after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port, Delaware Bay has determined that these 
temporary security zones are necessary to provide for the security of 
the Democratic Nation Convention and the accompanying high-ranking 
government officials, and to protect against sabotage or terrorist 
attacks to human life, vessels, mariners, and waterfront facilities at 
or near this event.

IV. Discussion of the Rule

    The Democratic National Convention will take place in Philadelphia, 
PA from July 25, 2016 until July 29, 2016. During this event many high-
ranking government officials will be arriving in Philadelphia, PA. The 
Coast Guard is establishing several security zones in portions of the 
Delaware River, Schuylkill River, and Darby Creek in Philadelphia, PA.
    The first security zone includes all the waters of the Delaware 
River from the New Jersey shore line, to the Pennsylvania shore line, 
beginning at the west end of Little Tinicum Island extending in a 
Northeasterly direction and ending at the mouth of the Schuylkill 
River;
    The second security zone includes all the waters of the Schuylkill 
River inside a boundary described as 500 yards south of the I-95 Bridge 
and ending 500 yards north of the George C. Platt Memorial Bridge.

[[Page 48332]]

    The third security zone includes all waters of Darby Creek inside a 
boundary described as originating from 500 yards south of the Conrail 
Railroad Bridge and ending 100 yards north of the I-95 Bridge.
    Access to this security zone will be restricted while the zone is 
being enforced. Only vessels or people specifically authorized by the 
Captain of the Port, Delaware Bay, or his designated representative may 
enter or remain in the regulated area. These security zones will be 
enforced with actual notice by the United States Coast Guard 
representatives on scene, as well as other methods listed in 33 CFR 
165.7.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (Executive Orders) related to rulemaking. Below we 
summarize our analyses based on a number of these statutes and 
Executive Orders, and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the security zone. Vessel 
traffic will be able to safely transit around this security zone which 
will impact a small designated area of the Delaware River, Schuylkill 
River, and Darby Creek in Philadelphia, PA for less than 12 hours. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 identifying the security zone locations and 
describing the process in which vessels can request permission to 
transit the security zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000 The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this 
action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves three security zones which will be enforced for less than 
12 hours at any one time and includes all the waters of the Delaware 
River from the New Jersey shore line, to the Pennsylvania shore line, 
beginning at the west end of Little Tinicum Island extending in a 
Northeasterly direction and ending at the mouth of the Schuylkill 
River; all the waters of the Schuylkill River inside a boundary 
described as 500 yards south of the I-95 bridge and ending 500 yards 
north of the George C. Platt Memorial Bridge; and all waters of Darby 
Creek inside a boundary described as 500 yards south of the Darby Creek 
Railroad Bridge and ending 100 yards north of the I-95 Bridge.
    It is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the

[[Page 48333]]

docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T05-0363 to read as follows:


Sec.  165.T05-0363  Security Zone; Delaware River, and Schuylkill 
River; Philadelphia, PA.

    (a) Location. The following areas are security zones:
    (1) The first security zone includes all the waters of the Delaware 
River from the New Jersey shore line, to the Pennsylvania shore line, 
beginning at the est end of Little Tinicum Island extending in a 
Northeasterly direction and ending at the mouth of the Schuylkill 
River;
    (2) The second security zone includes all the waters of the 
Schuylkill River inside a boundary described as 500 yards south of the 
I-95 Bridge and ending 500 yards north of the George C. Platt Memorial 
Bridge.
    (3) The third security zone includes all waters of Darby Creek 
inside a boundary described as originating 500 yards south of the 
Conrail Railroad Bridge and ending 100 yards north of the I-95 Bridge.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel; as well 
as a Federal, State, and local officer designated by or assisting the 
Captain of the Port, Delaware Bay in the enforcement of the security 
zone.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, no person or vessel may enter the security zone 
described in paragraph (a) of this section unless authorized by the 
COTP or the COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative on VHF-FM channel 16. Those in the security zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Enforcement period: This rule is effective from 11:00 a.m. on 
July 25, 2016, to 1:00 a.m. on July 29, 2016.

    Dated: July 19, 2016.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2016-17440 Filed 7-22-16; 8:45 am]
 BILLING CODE 9110-04-P

48332 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations

The third security zone includes all that are independently owned and 13175, Consultation and Coordination
waters of Darby Creek inside a boundary operated and are not dominant in their with Indian Tribal Governments,
described as originating from 500 yards fields, and governmental jurisdictions because it does not have a substantial
south of the Conrail Railroad Bridge and with populations of less than 50,000 direct effect on one or more Indian
ending 100 yards north of the I–95 The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
Bridge. 605(b) that this rule will not have a Federal Government and Indian tribes,
Access to this security zone will be significant economic impact on a or on the distribution of power and
restricted while the zone is being substantial number of small entities. responsibilities between the Federal
enforced. Only vessels or people While some owners or operators of Government and Indian tribes. If you
specifically authorized by the Captain of vessels intending to transit the security believe this rule has implications for
the Port, Delaware Bay, or his zone may be small entities, for the federalism or Indian tribes, please
designated representative may enter or reasons stated in section V.A above, this contact the person listed in the FOR
remain in the regulated area. These rule will not have a significant FURTHER INFORMATION CONTACT section
security zones will be enforced with economic impact on any vessel owner above.
actual notice by the United States Coast or operator.
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
Guard representatives on scene, as well
as other methods listed in 33 CFR 165.7. Business Regulatory Enforcement The Unfunded Mandates Reform Act
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
V. Regulatory Analyses we want to assist small entities in Federal agencies to assess the effects of
We developed this rule after understanding this rule. If the rule their discretionary regulatory actions. In
considering numerous statutes and would affect your small business, particular, the Act addresses actions
executive orders (Executive Orders) organization, or governmental that may result in the expenditure by a
related to rulemaking. Below we jurisdiction and you have questions State, local, or tribal government, in the
summarize our analyses based on a concerning its provisions or options for aggregate, or by the private sector of
number of these statutes and Executive compliance, please contact the person $100,000,000 (adjusted for inflation) or
Orders, and we discuss First listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
Amendment rights of protestors. CONTACT section. will not result in such an expenditure,
Small businesses may send comments we do discuss the effects of this rule
A. Regulatory Planning and Review elsewhere in this preamble.
on the actions of Federal employees
Executive Orders 12866 and 13563 who enforce, or otherwise determine
direct agencies to assess the costs and F. Environment
compliance with, Federal regulations to
benefits of available regulatory the Small Business and Agriculture We have analyzed this rule under
alternatives and, if regulation is Regulatory Enforcement Ombudsman Department of Homeland Security
necessary, to select regulatory and the Regional Small Business Management Directive 023–01 and
approaches that maximize net benefits. Regulatory Fairness Boards. The Commandant Instruction M16475.lD,
Executive Order 13563 emphasizes the Ombudsman evaluates these actions which guide the Coast Guard in
importance of quantifying both costs annually and rates each agency’s complying with the National
and benefits, of reducing costs, of responsiveness to small business. If you Environmental Policy Act of 1969(42
harmonizing rules, and of promoting wish to comment on actions by U.S.C. 4321–4370f), and have
flexibility. This rule has not been employees of the Coast Guard, call 1– determined that this action is one of a
designated a ‘‘significant regulatory 888–REG–FAIR (1–888–734–3247). The category of actions that do not
action,’’ under Executive Order 12866. Coast Guard will not retaliate against individually or cumulatively have a
Accordingly, it has not been reviewed small entities that question or complain significant effect on the human
by the Office of Management and about this rule or any policy or action environment. This rule involves three
Budget. of the Coast Guard. security zones which will be enforced
This regulatory action determination for less than 12 hours at any one time
is based on the size, location, duration, C. Collection of Information and includes all the waters of the
and time-of-year of the security zone. This rule calls for no new collection Delaware River from the New Jersey
Vessel traffic will be able to safely of information under the Paperwork shore line, to the Pennsylvania shore
transit around this security zone which Reduction Act of 1995 (44 U.S.C. 3501– line, beginning at the west end of Little
will impact a small designated area of 3520). Tinicum Island extending in a
the Delaware River, Schuylkill River, Northeasterly direction and ending at
and Darby Creek in Philadelphia, PA for D. Federalism and Indian Tribal the mouth of the Schuylkill River; all
less than 12 hours. Moreover, the Coast Governments the waters of the Schuylkill River inside
Guard will issue Broadcast Notice to A rule has implications for federalism a boundary described as 500 yards south
Mariners via VHF–FM marine channel under Executive Order 13132, of the I–95 bridge and ending 500 yards
16 identifying the security zone Federalism, if it has a substantial direct north of the George C. Platt Memorial
locations and describing the process in effect on the States, on the relationship Bridge; and all waters of Darby Creek
which vessels can request permission to between the national government and inside a boundary described as 500
transit the security zones. the States, or on the distribution of yards south of the Darby Creek Railroad
power and responsibilities among the Bridge and ending 100 yards north of
asabaliauskas on DSK3SPTVN1PROD with RULES

B. Impact on Small Entities various levels of government. We have the I–95 Bridge.
The Regulatory Flexibility Act of analyzed this rule under that Order and It is categorically excluded from
1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent further review under paragraph 34(g) of
requires Federal agencies to consider with the fundamental federalism Figure 2–1 of the Commandant
the potential impact of regulations on principles and preemption requirements Instruction. An environmental analysis
small entities during rulemaking. The described in Executive Order 13132. checklist supporting this determination
term ‘‘small entities’’ comprises small Also, this rule does not have tribal and a Categorical Exclusion
businesses, not-for-profit organizations implications under Executive Order Determination are available in the

VerDate Sep<11>2014 17:30 Jul 22, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\25JYR1.SGM 25JYR1

Document Created: 2016-07-23 02:00:53
Document Modified: 2016-07-23 02:00:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary Final Rule.
Dates		This rule is effective from 11:00 a.m. on July 25, 2016, to 1:00 a.m. on July 29, 2016.
Contact		If you have questions on this rule, call or email Petty Officer Tom Simkins, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast Guard; telephone (215)271-4851, email [email protected]
FR Citation		81 FR 48331
RIN Number		1625-AA87
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 48331 - Security Zone, Delaware River, Schuylkill River; Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 142 (July 25, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard