82_FR_22393 82 FR 22301 - Security Zone; Delaware River, Schuylkill River; Philadelphia, PA

82 FR 22301 - Security Zone; Delaware River, Schuylkill River; Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 92 (May 15, 2017)

Page Range22301-22303
FR Document2017-09763

The Coast Guard proposes to establish a permanent security zone within portions of the Delaware River, and Schuylkill River, for the protection of Very Important Persons (VIP) who arrive and depart from Philadelphia International Airport, Philadelphia, PA. This rule is necessary to expedite the establishment and enforcement of the security zones when short notice is received by the Coast Guard for VIP(s) traveling to the Philadelphia area. This rule will ensure safety and security for the visiting VIP. The permanent security zone will be enforced only during times of VIP transit and will restrict vessel traffic while the zone is being enforced. Only vessels or people specifically authorized by the Captain of the Port, Delaware Bay, or designated representative may enter or remain in the regulated area.

Federal Register, Volume 82 Issue 92 (Monday, May 15, 2017)
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Proposed Rules]
[Pages 22301-22303]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09763]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0079]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a permanent security 
zone within portions of the Delaware River, and Schuylkill River, for 
the protection of Very Important Persons (VIP) who arrive and depart 
from Philadelphia International Airport, Philadelphia, PA. This rule is 
necessary to expedite the establishment and enforcement of the security 
zones when short notice is received by the Coast Guard for VIP(s) 
traveling to the Philadelphia area. This rule will ensure safety and 
security for the visiting VIP. The permanent security zone will be 
enforced only during times of VIP transit and will restrict vessel 
traffic while the zone is being enforced. Only vessels or people 
specifically authorized by the Captain of the Port, Delaware Bay, or 
designated representative may enter or remain in the regulated area.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 14, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0079 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Petty Officer Amanda Boone, U.S. Coast Guard, 
Sector Delaware Bay, Waterways Management Division, Coast Guard; 
telephone (215)271-4814, 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
VIP Very Important Persons

II. Background, Purpose, and Legal Basis

    On occasion VIP(s) will arrive and depart Philadelphia 
International Airport, Philadelphia, PA, located within Coast Guard 
Sector Delaware Bay Captain of the Port (COTP) zone. These VIP visits 
require the implementation of heightened security measures for 
protection of VIP(s) who may travel over or on portions of the Delaware 
River and Schuylkill River.
    The purpose of this rulemaking is to protect the VIP and the public 
from destruction, loss, or injury from sabotage, subversive acts, or 
other malicious or potential terrorist acts.
    The Coast Guard proposes this rulemaking under authority 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; 
Department of Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a permanent security zone 
within portions of the Delaware River and Schuylkill River for the 
protection of VIP's who arrive and depart from Philadelphia 
International Airport, Philadelphia, PA. This rule is necessary to 
expedite the establishment and enforcement of security zones when short 
notice is provided to the COTP for

[[Page 22302]]

VIPs traveling to or from Philadelphia include the following areas:
    (1) All waters of the Delaware River in the vicinity of 
Philadelphia International airport, within an area bound to the west by 
a line drawn from the New Jersey shoreline at Thompson Point, latitude 
39[deg]50'37'' N., longitude 75[deg]18'23'' W., thence northwest to the 
Pennsylvania shoreline at latitude 39[deg]51'45'' N., longitude 
75[deg]18'46'' W.; thence up river and bound shoreline to shoreline; 
bound to the east by a line drawn from the New Jersey shoreline at 
latitude 39[deg]52'28'' N., longitude 75[deg]11'14'' W., and thence 
northwest to the Pennsylvania shoreline near the eastern side of mouth 
to the Schuylkill River at latitude 39[deg]53'05'' N., longitude 
75[deg]11'34'' W.; the security zone extends north into the waters of 
Schuylkill River, bound from shoreline to shoreline, including the 
waters of Schuylkill River adjacent to the Navy Yard Reserve Basin 
Bridge, and terminates along a line drawn from latitude 39[deg]54'04'' 
N., longitude 75[deg]12'56'' W., thence eastward across the Schuylkill 
River to latitude 39[deg]54'07'' N., longitude 75[deg]12'48'' W., 
located approximately 500 yards northwest and parallel with the George 
C. Platt Memorial--Penrose Avenue lift-bridge.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and 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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    The Coast Guard determined that this rulemaking would not be a 
significant regulatory action for the following reasons: Although the 
security zone area covers only a large portion of the navigable 
waterways, mariners may request permission from COTP Coast Guard Sector 
Delaware Bay or the designated representative to transit or remain in 
the security zone. Furthermore the duration of the security zone would 
not significantly impact vessel because of the small amount of time it 
takes for VIP transits to and from the airport. Advance notifications 
would be made to the local maritime community by issuance of Local 
Notice to Mariners, Broadcast Notice to Mariners, Marine information 
and facsimile broadcasts so mariners can adjust their plans 
accordingly.

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 
proposed rule would 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 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

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

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

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule adjusts rates in 
accordance with applicable statutory and regulatory mandates. Normally 
such actions are categorically excluded from further review under 
section 2.B.2, and figure 2-1, paragraph

[[Page 22303]]

34(g) of the Instruction. Paragraph 34(a) pertains to minor regulatory 
changes that are editorial or procedural in nature. A preliminary 
Record of Environmental Consideration (REC) supporting this 
determination is available in the docket where indicated under the 
ADDRESSES section of this preamble. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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.  165.557 to read as follows:


Sec.  165.557  Security Zone; Delaware River, and Schuylkill River, 
Philadelphia, PA.

    (a) Location. The following areas are security zones: All waters of 
the Delaware River in the vicinity of Philadelphia International 
airport, within an area bound to the west by a line drawn from the New 
Jersey shoreline at Thompson Point, latitude 39[deg]50'37'' N., 
longitude 75[deg]18'23'' W., thence northwest to the Pennsylvania 
shoreline at latitude 39[deg]51'45'' N., longitude 75[deg]18'46'' W.; 
thence up river and bound shoreline to shoreline; bound to the east by 
a line drawn from the New Jersey shoreline at latitude 39[deg]52'28'' 
N., longitude 75[deg]11'14'' W., and thence northwest to the 
Pennsylvania shoreline near the eastern side of mouth to the Schuylkill 
River at latitude 39[deg]53'05'' N., longitude 75[deg]11'34'' W.; the 
security zone extends north into the waters of Schuylkill River, bound 
from shoreline to shoreline, including the waters of Schuylkill River 
adjacent to the Navy Yard Reserve Basin Bridge, and terminates along a 
line drawn from latitude 39[deg]54'04'' N., longitude 75[deg]12'56'' 
W., thence eastward across the Schuylkill River to latitude 
39[deg]54'07'' N., longitude 75[deg]12'48'' W., located approximately 
500 yards northwest and parallel with the George C. Platt Memorial--
Penrose Avenue lift-bridge.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative. A designated representative is any 
Coast Guard commissioned, warrant or petty officer who has been 
designated by the COTP to act on his or her behalf. The designated 
representative may be on an official patrol vessel or may be on shore 
and will communicate with vessels via VHF-FM radio or loudhailer. In 
addition, members of the Coast Guard Auxiliary may be present to inform 
vessel operators of this regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, State, or local law enforcement 
vessels assigned or approved by the COTP.
    (c) Regulations. (1) In accordance with the general regulations 
contained in Sec.  [thinsp]165.33, entry into or movement within this 
zone is prohibited unless authorized by the COTP, Sector Delaware Bay 
or designated representative.
    (2) To request permission to enter the regulated area contact the 
COTP or the COTP's representative on VHF-FM channel 16. Vessel 
operators and persons within the security zone must comply with all 
lawful orders or directions given to them by the COTP or the COTP's 
designated representative. No person may swim upon or below the surface 
of the water of this security zone unless authorized by the COTP or his 
designated representative.
    (3) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with lawful direction may result in expulsion from the regulated 
area, citation for failure to comply, or both.
    (d) Enforcement. This security zone will be enforced with actual 
notice by the U.S. Coast Guard representatives on scene, as well as 
other methods listed in 33 CFR 165.7.

    Dated: May 8, 2017.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-09763 Filed 5-12-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                              Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Proposed Rules                                             22301

                                                    cannot be submitted using http://                       this part, you may not enter the safety               DATES:  Comments and related material
                                                    www.regulations.gov, contact the person                 zone described in paragraph (a) of this               must be received by the Coast Guard on
                                                    in the FOR FURTHER INFORMATION                          section unless authorized by the COTP                 or before June 14, 2017.
                                                    CONTACT section of this document for                    or the COTP’s designated representative.              ADDRESSES: You may submit comments
                                                    alternate instructions.                                   (2) To seek permission to enter,                    identified by docket number USCG–
                                                       We accept anonymous comments. All                    contact the COTP or the COTP’s                        2017–0079 using the Federal
                                                    comments received will be posted                        representative via VHF–FM channel 16,                 eRulemaking Portal at http://
                                                    without change to http://                               or through Coast Guard Sector Upper                   www.regulations.gov. See the ‘‘Public
                                                    www.regulations.gov and will include                    Mississippi River at 314–269–2332.                    Participation and Request for
                                                    any personal information you have                       Those in the safety zone must comply                  Comments’’ portion of the
                                                    provided. For more about privacy and                    with all lawful orders or directions                  SUPPLEMENTARY INFORMATION section for
                                                    the docket, you may review a Privacy                    given to them by the COTP or the                      further instructions on submitting
                                                    Act notice regarding the Federal Docket                 COTP’s designated representative.                     comments.
                                                    Management System in the March 24,                        (d) Enforcement period. This section
                                                    2005, issue of the Federal Register (70                 will be enforced from 3 p.m. to 5 p.m.                FOR FURTHER INFORMATION CONTACT:     If
                                                    FR 15086).                                              on July 7, 2017, 11:30 a.m. to 6 p.m. on              you have questions about this
                                                       Documents mentioned in this NPRM                     July 8, 2017, and 11 a.m. to 5:30 p.m.                rulemaking, call or email Petty Officer
                                                    as being available in the docket, and all               on July 9, 2017.                                      Amanda Boone, U.S. Coast Guard,
                                                    public comments, will be in our online                    (e) Informational broadcasts. The                   Sector Delaware Bay, Waterways
                                                    docket at http://www.regulations.gov                    COTP or a designated representative                   Management Division, Coast Guard;
                                                    and can be viewed by following that                     will inform the public through                        telephone (215)271–4814, email
                                                    Web site’s instructions. Additionally, if               broadcast notices to mariners of the                  Amanda.N.Boone@uscg.mil.
                                                    you go to the online docket and sign up                 enforcement period for the safety zone.               SUPPLEMENTARY INFORMATION:
                                                    for email alerts, you will be notified                    Dated: May 4, 2017.
                                                    when comments are posted or a final                                                                           I. Table of Abbreviations
                                                                                                            M.L. Malloy,
                                                    rule is published.                                                                                            CFR Code of Federal Regulations
                                                                                                            Captain, U.S. Coast Guard, Captain of the             DHS Department of Homeland Security
                                                    List of Subjects in 33 CFR Part 165                     Port Sector Upper Mississippi.                        FR Federal Register
                                                      Harbors, Marine safety, Navigation                    [FR Doc. 2017–09693 Filed 5–12–17; 8:45 am]           NPRM Notice of proposed rulemaking
                                                    (water), Reporting and recordkeeping                    BILLING CODE 9110–04–P                                § Section
                                                    requirements, Security measures,                                                                              U.S.C. United States Code
                                                                                                                                                                  COTP Captain of the Port
                                                    Waterways.
                                                                                                            DEPARTMENT OF HOMELAND                                VIP Very Important Persons
                                                      For the reasons discussed in the
                                                                                                            SECURITY                                              II. Background, Purpose, and Legal
                                                    preamble, the Coast Guard proposes to
                                                    amend 33 CFR part 165 as follows:                       Coast Guard                                           Basis
                                                                                                                                                                    On occasion VIP(s) will arrive and
                                                    PART 165—REGULATED NAVIGATION
                                                                                                            33 CFR Part 165                                       depart Philadelphia International
                                                    AREAS AND LIMITED ACCESS AREAS
                                                                                                            [Docket Number USCG–2017–0079]
                                                                                                                                                                  Airport, Philadelphia, PA, located
                                                    ■ 1. The authority citation for part 165                                                                      within Coast Guard Sector Delaware Bay
                                                                                                            RIN 1625–AA87                                         Captain of the Port (COTP) zone. These
                                                    continues to read as follows:
                                                                                                                                                                  VIP visits require the implementation of
                                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Security Zone; Delaware River,                        heightened security measures for
                                                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Schuylkill River; Philadelphia, PA
                                                    Department of Homeland Security Delegation                                                                    protection of VIP(s) who may travel over
                                                    No. 0170.1.                                             AGENCY:   Coast Guard, DHS.                           or on portions of the Delaware River and
                                                                                                            ACTION:   Notice of proposed rulemaking.              Schuylkill River.
                                                    ■ 2. Add § 165.T08–0318 to read as                                                                              The purpose of this rulemaking is to
                                                    follows:                                                                                                      protect the VIP and the public from
                                                                                                            SUMMARY:   The Coast Guard proposes to
                                                    § 165.T08–0318 Safety Zone; Missouri                    establish a permanent security zone                   destruction, loss, or injury from
                                                    River between miles 616 and 617, Council                within portions of the Delaware River,                sabotage, subversive acts, or other
                                                    Bluffs, IA and Omaha, NE.                               and Schuylkill River, for the protection              malicious or potential terrorist acts.
                                                      (a) Location. The following area is a                 of Very Important Persons (VIP) who                     The Coast Guard proposes this
                                                    safety zone: All navigable waters of the                arrive and depart from Philadelphia                   rulemaking under authority in 33 U.S.C.
                                                    Missouri River between miles 616 and                    International Airport, Philadelphia, PA.              1231; 50 U.S.C. 191; 33 CFR 1.05–1,
                                                    617, from surface to bottom, Council                    This rule is necessary to expedite the                6.04–1, 6.04–6, and 160.5; Department
                                                    Bluffs, IA and Omaha, NE.                               establishment and enforcement of the                  of Homeland Security Delegation No.
                                                      (b) Definitions. As used in this                      security zones when short notice is                   0170.1.
                                                    section, a ‘‘designated representative’’                received by the Coast Guard for VIP(s)
                                                                                                                                                                  III. Discussion of Proposed Rule
                                                    means a Coast Guard Patrol                              traveling to the Philadelphia area. This
                                                    Commander, including a Coast Guard                      rule will ensure safety and security for                The Coast Guard proposes to establish
                                                    coxswain, petty officer, or other officer               the visiting VIP. The permanent security              a permanent security zone within
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    operating a Coast Guard vessel and a                    zone will be enforced only during times               portions of the Delaware River and
                                                    Federal, State, and local officer                       of VIP transit and will restrict vessel               Schuylkill River for the protection of
                                                    designated by or assisting the Captain of               traffic while the zone is being enforced.             VIP’s who arrive and depart from
                                                    the Port Upper Mississippi River                        Only vessels or people specifically                   Philadelphia International Airport,
                                                    (COTP) in the enforcement of the safety                 authorized by the Captain of the Port,                Philadelphia, PA. This rule is necessary
                                                    zone.                                                   Delaware Bay, or designated                           to expedite the establishment and
                                                      (c) Regulations. (1) Under the general                representative may enter or remain in                 enforcement of security zones when
                                                    safety zone regulations in subpart C of                 the regulated area.                                   short notice is provided to the COTP for


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                                                    22302                     Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Proposed Rules

                                                    VIPs traveling to or from Philadelphia                  designated representative to transit or               D. Federalism and Indian Tribal
                                                    include the following areas:                            remain in the security zone.                          Governments
                                                       (1) All waters of the Delaware River                 Furthermore the duration of the security                 A rule has implications for federalism
                                                    in the vicinity of Philadelphia                         zone would not significantly impact                   under Executive Order 13132,
                                                    International airport, within an area                   vessel because of the small amount of                 Federalism, if it has a substantial direct
                                                    bound to the west by a line drawn from                  time it takes for VIP transits to and from            effect on the States, on the relationship
                                                    the New Jersey shoreline at Thompson                    the airport. Advance notifications                    between the national government and
                                                    Point, latitude 39°50′37″ N., longitude                 would be made to the local maritime                   the States, or on the distribution of
                                                    75°18′23″ W., thence northwest to the                   community by issuance of Local Notice
                                                    Pennsylvania shoreline at latitude                                                                            power and responsibilities among the
                                                                                                            to Mariners, Broadcast Notice to                      various levels of government. We have
                                                    39°51′45″ N., longitude 75°18′46″ W.;                   Mariners, Marine information and
                                                    thence up river and bound shoreline to                                                                        analyzed this proposed rule under that
                                                                                                            facsimile broadcasts so mariners can                  Order and have determined that it is
                                                    shoreline; bound to the east by a line                  adjust their plans accordingly.
                                                    drawn from the New Jersey shoreline at                                                                        consistent with the fundamental
                                                    latitude 39°52′28″ N., longitude                        B. Impact on Small Entities                           federalism principles and preemption
                                                    75°11′14″ W., and thence northwest to                                                                         requirements described in Executive
                                                                                                               The Regulatory Flexibility Act of                  Order 13132.
                                                    the Pennsylvania shoreline near the                     1980, 5 U.S.C. 601–612, as amended,
                                                    eastern side of mouth to the Schuylkill                                                                          Also, this proposed rule does not have
                                                                                                            requires Federal agencies to consider                 tribal implications under Executive
                                                    River at latitude 39°53′05″ N., longitude               the potential impact of regulations on
                                                    75°11′34″ W.; the security zone extends                                                                       Order 13175, Consultation and
                                                                                                            small entities during rulemaking. The                 Coordination with Indian Tribal
                                                    north into the waters of Schuylkill                     term ‘‘small entities’’ comprises small
                                                    River, bound from shoreline to                                                                                Governments, because it would not have
                                                                                                            businesses, not-for-profit organizations              a substantial direct effect on one or
                                                    shoreline, including the waters of                      that are independently owned and
                                                    Schuylkill River adjacent to the Navy                                                                         more Indian tribes, on the relationship
                                                                                                            operated and are not dominant in their                between the Federal Government and
                                                    Yard Reserve Basin Bridge, and                          fields, and governmental jurisdictions
                                                    terminates along a line drawn from                                                                            Indian tribes, or on the distribution of
                                                                                                            with populations of less than 50,000.                 power and responsibilities between the
                                                    latitude 39°54′04″ N., longitude                        The Coast Guard certifies under 5 U.S.C.
                                                    75°12′56″ W., thence eastward across                                                                          Federal Government and Indian tribes.
                                                                                                            605(b) that this proposed rule would not              If you believe this proposed rule has
                                                    the Schuylkill River to latitude                        have a significant economic impact on
                                                    39°54′07″ N., longitude 75°12′48″ W.,                                                                         implications for federalism or Indian
                                                                                                            a substantial number of small entities.               tribes, please contact the person listed
                                                    located approximately 500 yards                            While some owners or operators of
                                                    northwest and parallel with the George                                                                        in the FOR FURTHER INFORMATION
                                                                                                            vessels intending to transit the security             CONTACT section.
                                                    C. Platt Memorial—Penrose Avenue lift-                  zone may be small entities, for the
                                                    bridge.                                                 reasons stated in section IV.A above this             E. Unfunded Mandates Reform Act
                                                    IV. Regulatory Analyses                                 proposed rule would not have a                           The Unfunded Mandates Reform Act
                                                      We developed this proposed rule after                 significant economic impact on any                    of 1995 (2 U.S.C. 1531–1538) requires
                                                    considering numerous statutes and                       vessel owner or operator.                             Federal agencies to assess the effects of
                                                    Executive orders related to rulemaking.                    If you think that your business,                   their discretionary regulatory actions. In
                                                    Below we summarize our analyses                         organization, or governmental                         particular, the Act addresses actions
                                                    based on a number of these statutes and                 jurisdiction qualifies as a small entity              that may result in the expenditure by a
                                                    Executive orders and we discuss First                   and that this rule would have a                       State, local, or tribal government, in the
                                                    Amendment rights of protestors.                         significant economic impact on it,                    aggregate, or by the private sector of
                                                                                                            please submit a comment (see                          $100,000,000 (adjusted for inflation) or
                                                    A. Regulatory Planning and Review                       ADDRESSES) explaining why you think it                more in any one year. Though this
                                                       Executive Orders 12866 and 13563                     qualifies and how and to what degree                  proposed rule would not result in such
                                                    direct agencies to assess the costs and                 this rule would economically affect it.               an expenditure, we do discuss the
                                                    benefits of available regulatory                           Under section 213(a) of the Small                  effects of this rule elsewhere in this
                                                    alternatives and, if regulation is                      Business Regulatory Enforcement                       preamble.
                                                    necessary, to select regulatory                         Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                            we want to assist small entities in                   F. Environment
                                                    approaches that maximize net benefits.
                                                    Executive Order 13563 emphasizes the                    understanding this proposed rule. If the                We have analyzed this proposed rule
                                                    importance of quantifying both costs                    rule would affect your small business,                under Department of Homeland
                                                    and benefits, of reducing costs, of                     organization, or governmental                         Security Management Directive 023–01
                                                    harmonizing rules, and of promoting                     jurisdiction and you have questions                   and Commandant Instruction
                                                    flexibility. This NPRM has not been                     concerning its provisions or options for              M16475.lD, which guide the Coast
                                                    designated a ‘‘significant regulatory                   compliance, please contact the person                 Guard in complying with the National
                                                    action,’’ under Executive Order 12866.                  listed in the FOR FURTHER INFORMATION                 Environmental Policy Act of 1969 (42
                                                    Accordingly, the NPRM has not been                      CONTACT section. The Coast Guard will                 U.S.C. 4321–4370f), and have made a
                                                    reviewed by the Office of Management                    not retaliate against small entities that             preliminary determination that this
                                                    and Budget.                                             question or complain about this                       action is one of a category of actions that
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                       The Coast Guard determined that this                 proposed rule or any policy or action of              do not individually or cumulatively
                                                    rulemaking would not be a significant                   the Coast Guard.                                      have a significant effect on the human
                                                    regulatory action for the following                                                                           environment. This proposed rule adjusts
                                                                                                            C. Collection of Information
                                                    reasons: Although the security zone area                                                                      rates in accordance with applicable
                                                    covers only a large portion of the                        This proposed rule would not call for               statutory and regulatory mandates.
                                                    navigable waterways, mariners may                       a new collection of information under                 Normally such actions are categorically
                                                    request permission from COTP Coast                      the Paperwork Reduction Act of 1995                   excluded from further review under
                                                    Guard Sector Delaware Bay or the                        (44 U.S.C. 3501–3520).                                section 2.B.2, and figure 2–1, paragraph


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                                                                              Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Proposed Rules                                                  22303

                                                    34(g) of the Instruction. Paragraph 34(a)               List of Subjects in 33 CFR Part 165                   Auxiliary may be present to inform
                                                    pertains to minor regulatory changes                      Harbors, Marine Safety, Navigation                  vessel operators of this regulation.
                                                    that are editorial or procedural in                     (water), Reporting and recordkeeping                     (2) Official patrol vessels. Official
                                                    nature. A preliminary Record of                         requirements, Security measures,                      patrol vessels may consist of any Coast
                                                    Environmental Consideration (REC)                       Waterways.                                            Guard, Coast Guard Auxiliary, State, or
                                                    supporting this determination is                                                                              local law enforcement vessels assigned
                                                    available in the docket where indicated                   For the reasons discussed in the                    or approved by the COTP.
                                                    under the ADDRESSES section of this                     preamble, the Coast Guard proposes to                    (c) Regulations. (1) In accordance with
                                                    preamble. We seek any comments or                       amend 33 CFR part 165 as follows:                     the general regulations contained in
                                                    information that may lead to the                        PART 165—REGULATED NAVIGATION                         § 165.33, entry into or movement within
                                                    discovery of a significant environmental                AREAS AND LIMITED ACCESS AREAS                        this zone is prohibited unless
                                                    impact from this proposed rule.                                                                               authorized by the COTP, Sector
                                                                                                            ■ 1. The authority citation for part 165              Delaware Bay or designated
                                                    G. Protest Activities
                                                                                                            continues to read as follows:                         representative.
                                                      The Coast Guard respects the First                                                                             (2) To request permission to enter the
                                                                                                              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                    Amendment rights of protesters.                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             regulated area contact the COTP or the
                                                    Protesters are asked to contact the                     Department of Homeland Security Delegation            COTP’s representative on VHF–FM
                                                    person listed in the FOR FURTHER                        No. 0170.1.                                           channel 16. Vessel operators and
                                                    INFORMATION CONTACT section to                                                                                persons within the security zone must
                                                    coordinate protest activities so that your              ■   2. Add § 165.557 to read as follows:
                                                                                                                                                                  comply with all lawful orders or
                                                    message can be received without                         § 165.557 Security Zone; Delaware River,              directions given to them by the COTP or
                                                    jeopardizing the safety or security of                  and Schuylkill River, Philadelphia, PA.               the COTP’s designated representative.
                                                    people, places, or vessels.                                (a) Location. The following areas are              No person may swim upon or below the
                                                                                                            security zones: All waters of the                     surface of the water of this security zone
                                                    V. Public Participation and Request for
                                                                                                            Delaware River in the vicinity of                     unless authorized by the COTP or his
                                                    Comments
                                                                                                            Philadelphia International airport,                   designated representative.
                                                       We view public participation as                      within an area bound to the west by a                    (3) Upon being hailed by an official
                                                    essential to effective rulemaking, and                  line drawn from the New Jersey                        patrol vessel or the designated
                                                    will consider all comments and material                 shoreline at Thompson Point, latitude                 representative, by siren, radio, flashing
                                                    received during the comment period.                     39°50′37″ N., longitude 75°18′23″ W.,                 light or other means, the operator of the
                                                    Your comment can help shape the                         thence northwest to the Pennsylvania                  vessel shall proceed as directed. Failure
                                                    outcome of this rulemaking. If you                      shoreline at latitude 39°51′45″ N.,                   to comply with lawful direction may
                                                    submit a comment, please include the                    longitude 75°18′46″ W.; thence up river               result in expulsion from the regulated
                                                    docket number for this rulemaking,                      and bound shoreline to shoreline;                     area, citation for failure to comply, or
                                                    indicate the specific section of this                   bound to the east by a line drawn from                both.
                                                    document to which each comment                          the New Jersey shoreline at latitude                     (d) Enforcement. This security zone
                                                    applies, and provide a reason for each                  39°52′28″ N., longitude 75°11′14″ W.,                 will be enforced with actual notice by
                                                    suggestion or recommendation.                           and thence northwest to the                           the U.S. Coast Guard representatives on
                                                       We encourage you to submit                           Pennsylvania shoreline near the eastern               scene, as well as other methods listed in
                                                    comments through the Federal                            side of mouth to the Schuylkill River at              33 CFR 165.7.
                                                    eRulemaking Portal at http://                           latitude 39°53′05″ N., longitude                        Dated: May 8, 2017.
                                                    www.regulations.gov. If your material                   75°11′34″ W.; the security zone extends               Benjamin A. Cooper,
                                                    cannot be submitted using http://                       north into the waters of Schuylkill                   Captain, U.S. Coast Guard, Captain of the
                                                    www.regulations.gov, contact the person                 River, bound from shoreline to                        Port, Delaware Bay.
                                                    in the FOR FURTHER INFORMATION                          shoreline, including the waters of                    [FR Doc. 2017–09763 Filed 5–12–17; 8:45 am]
                                                    CONTACT section of this document for                    Schuylkill River adjacent to the Navy                 BILLING CODE 9110–04–P
                                                    alternate instructions.                                 Yard Reserve Basin Bridge, and
                                                       We accept anonymous comments. All                    terminates along a line drawn from
                                                    comments received will be posted                        latitude 39°54′04″ N., longitude
                                                    without change to http://                                                                                     ENVIRONMENTAL PROTECTION
                                                                                                            75°12′56″ W., thence eastward across
                                                    www.regulations.gov and will include                                                                          AGENCY
                                                                                                            the Schuylkill River to latitude
                                                    any personal information you have                       39°54′07″ N., longitude 75°12′48″ W.,                 40 CFR Part 52
                                                    provided. For more about privacy and                    located approximately 500 yards
                                                    the docket, you may review a Privacy                    northwest and parallel with the George                [EPA–R06–OAR–2017–0054; FRL–9960–14–
                                                    Act notice regarding the Federal Docket                 C. Platt Memorial—Penrose Avenue lift-                Region 6]
                                                    Management System in the March 24,                      bridge.
                                                    2005, issue of the Federal Register (70                                                                       Approval and Promulgation of
                                                                                                               (b) Definitions. The following
                                                    FR 15086).                                                                                                    Implementation Plans; Texas; Clean
                                                                                                            definitions apply to this section:
                                                                                                                                                                  Air Act Requirements for Vehicle
                                                       Documents mentioned in this NPRM                        (1) Designated representative. A
                                                                                                                                                                  Inspection and Maintenance,
                                                    as being available in the docket, and all               designated representative is any Coast
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                                                                                  Nonattainment New Source Review
                                                    public comments, will be in our online                  Guard commissioned, warrant or petty
                                                                                                                                                                  and Emission Statements
                                                    docket at http://www.regulations.gov                    officer who has been designated by the
                                                    and can be viewed by following that                     COTP to act on his or her behalf. The                 AGENCY:  Environmental Protection
                                                    Web site’s instructions. Additionally, if               designated representative may be on an                Agency (EPA).
                                                    you go to the online docket and sign up                 official patrol vessel or may be on shore             ACTION: Proposed rule.
                                                    for email alerts, you will be notified                  and will communicate with vessels via
                                                    when comments are posted or a final                     VHF–FM radio or loudhailer. In                        SUMMARY:  Pursuant to the Federal Clean
                                                    rule is published.                                      addition, members of the Coast Guard                  Air Act (CAA or the Act), the


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Document Created: 2017-05-13 02:38:40
Document Modified: 2017-05-13 02:38:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before June 14, 2017.
ContactIf you have questions about this rulemaking, call or email Petty Officer Amanda Boone, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast Guard; telephone (215)271-4814, email [email protected]
FR Citation82 FR 22301 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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