[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35684-35687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14631]



[[Page 35684]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0342]
RIN 1625-AA00


Safety Zone, Schuylkill River; Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary Interim Rule and Request for Comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the Schuylkill River around the Point Breeze docks of 
Philadelphia Energy Solutions for a period of six months, from July 5, 
2014 to January 5, 2015. The safety zone is necessary when a barge with 
a beam (width) up to 80 feet moors at the Philadelphia Energy Solutions 
Point Breeze docks Deloach pier, reducing the horizontal clearance of 
the channel by as much as 30 feet when a barge is moored at the 
facility. This rule will allow the Coast Guard to restrict all vessel 
traffic through the safety zone when a barge having a beam of 65 to 80 
feet is scheduled to moor at the facility. The Coast Guard is seeking 
comments on the potential impact to vessel traffic on the Schuylkill 
River that may result from 30 feet of reduced horizontal channel 
clearance when a barge is moored at the Point Breeze docks of 
Philadelphia Energy Solutions in the Schuylkill River. The Coast Guard 
intends to finalize this interim rule after considering, and 
incorporating to the extent appropriate, any comments from the public.

DATES: This rule is effective from July 5, 2014 to January 5, 2015. 
Comments and related material must be received by the Coast Guard on or 
before July 24, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email First Class Petty Officer Tom Simkins, Sector Delaware 
Bay Waterways Management Division, U.S. Coast Guard; telephone (215) 
271-4889, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0342] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0342) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one during the comment period, using one of the methods 
specified under ADDRESSES. Please explain why you believe a public 
meeting would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard is issuing this 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

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Coast Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to this rule. It would be 
impracticable and contrary to the public interest to delay promulgating 
this rule, as it is necessary to protect the safety of waterway users 
operating in the vicinity of the safety zone. Mooring operations at the 
Deloach pier for barges with a beam (width) up to 80 feet are scheduled 
to begin in July 2014, and rapid establishment of the safety zone is 
needed to mitigate the potential safety hazards associated with these 
operations. A delay or cancellation of mooring operations in order to 
accommodate a full notice and comment period would delay necessary 
operations and result in increased costs and risks. This rule will 
enable Philadelphia Energy Solutions to reduce the costs and risks 
associated with multiple oil transfers. The Coast Guard believes it 
would be impracticable and contrary to the public interest to delay 
this regulation. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register for the same reasons.
    The Coast Guard will provide as much advance notice as possible 
prior to enforcement. Specific closure dates and times will be 
disseminated via a Safety Marine Information Broadcast during each 
closure and posted in the Local Notice to Mariners, if possible.
    The Coast Guard is soliciting public comments on this temporary 
interim rule. Although this interim rule is effective on July 5, 2014, 
we will consider public comments when developing a final rule that will 
supersede this interim rule, and we may make changes in response to 
public comments on any part of this interim rule.

C. Basis and Purpose

    The legal basis for this rule is: 33 U.S.C 1231; 46 U.S.C. Chapter 
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland 
Security Delegation No. 0170.1.
    The purpose of this rulemaking is to ensure the safety of waterway 
users from hazards that may result from 30 feet of reduced horizontal 
channel clearance when a barge with a beam (width) up to 80 feet is 
moored at the Point Breeze docks of Philadelphia Energy Solutions in 
the Schuylkill River.

D. Discussion of Temporary Interim Rule

    The Coast Guard is establishing a temporary safety zone in the 
waters of the Schuylkill River in Philadelphia, PA around the Deloach 
Pier, to be in effect while barges are moored which have a beam between 
65 and 80 feet. Due to the width of these barges and the close 
proximity of the dock to the navigable channel, vessel traffic will be 
restricted from utilizing the full width of the channel while these 
barges are moored there. This temporary safety zone will be established 
for a period of six months, from July 5, 2014 to January 5, 2015. 
During times of enforcement, no person may enter the safety zone unless 
authorized by the Captain of the Port or her representative. Once this 
rule becomes effective, the Coast Guard will evaluate the continued 
need for the safety zone.
    Philadelphia Energy Solutions utilizes two ``Point Breeze docks,'' 
called the ``Short pier'' and the ``Deloach pier,'' to conduct oil 
transfers on the Schuylkill River. The proximity of the navigable 
channel to the Short pier is as little as 65 feet on the south end. 
Likewise, the Deloach pier is only 50 feet from the boundaries of the 
navigable channel at its southernmost point. Due to close proximity to 
the navigable channel and the resulting beam restrictions on moored 
barges, Philadelphia Energy Solutions presently contracts a smaller 
barge to lighter product from the larger barge at anchorage in the 
Delaware River. The smaller barge then conducts transfers at the Point 
Breeze docks. To reduce the risk of multiple oil transfers, 
Philadelphia Energy Solutions has requested to moor barges having a 
beam of up to 80 feet at the Point Breeze docks Deloach pier.
    Philadelphia Energy Solutions requested permission to moor barges 
having a beam of up to 80 feet at their Point Breeze docks Deloach pier 
for the purpose of preventing dock congestion at Girard Point, thereby 
reducing the presence of barges at anchor awaiting berth in the 
Delaware River and reducing the risk of unnecessary oil transfers. The 
channel within the Schuylkill River is 300 feet wide at the location of 
the Point Breeze docks. A barge having a beam of 80 feet will overlap 
the navigable channel by approximately 30 feet while moored at the 
Deloach pier of the Point Breeze docks.
    The Coast Guard has evaluated the potential impact to commercial 
navigation on the Schuylkill River and has discussed this action with 
maritime stakeholders on multiple occasions through the Mariner's 
Advisory Committee for the Bay and River Delaware. The Mariners 
Advisory Committee has received no stakeholder objections. Currently, 
only one berth regularly operates upriver of Passyunk Avenue Bridge, 
receiving barges which will not be restricted by the reduced horizontal 
channel clearance at Philadelphia Energy Solutions. Other terminals 
upriver of the bridge no longer receive vessel traffic.
    No objections have been received by commercial stakeholders making 
use of the channel. Additionally, it is not anticipated that larger 
vessel traffic will be established upriver of Point Breeze due to 
existing bridge height restrictions. This rule is only in effect for 
six months and subject to review in the event larger vessel traffic 
wishes to trade upriver of Point Breeze in the future.
    This rule is required in order to safely facilitate cargo 
operations and protect both life and property on the navigable 
waterways of the Schuylkill River in respect to the commercial/
recreational vessel traffic, while mitigating congestion and anchorage 
use in nearby navigable waters. The Coast Guard is establishing a 
safety zone on the Schuylkill River at the Point Breeze docks of 
Philadelphia Energy Solutions from the Passyunk Avenue Bridge to 
latitude 39[deg]54'50'' N to facilitate the movement of barge traffic 
in the Schuylkill River and to prevent conflict of navigation between 
vessels transiting the Schuylkill River and barges mooring at the 
Deloach pier of Philadelphia Energy Solutions. The safety zone will 
provide notice for the safety of vessel traffic in the navigable 
channel. When a barge having a beam (width) of 65 to 80 feet is 
scheduled to moor at the Deloach pier, Philadelphia Energy Solutions 
will give the Coast Guard 24 hours advance notice. The Coast Guard will 
permit the wide barge to moor and will broadcast the implementation of 
the safety zone for the duration of the time that the barge is moored 
at the Deloach pier. Advance public notifications will be made to the 
local maritime community through the Broadcast Notice to Mariners and 
Local Notice to Mariners, if possible.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or executive orders.

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1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This rule is not a 
significant regulatory action because it will not interfere with 
existing or potential activity on the Schuylkill River.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
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.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
navigable channel is 300 feet wide, providing a remaining 270 feet of 
horizontal channel clearance for the passage of vessel traffic in the 
Schuylkill River. Additionally, the only commercial vessel traffic 
utilizing the waterway upriver of the Passyunk Avenue Bridge is an 
occasional barge. All anticipated vessel traffic will be able to pass 
safely around an 80 foot wide barge moored at the Deloach pier of the 
Point Breeze docks at Philadelphia Energy Solutions. Before the safety 
zone goes into effect, maritime advisories will be made widely 
available to users of the Schuylkill River navigable channel.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and 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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above. The Coast Guard will not retaliate against small entities that 
question or complain about this rule or any policy or action of the 
Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule involves implementation of a 
safety zone when a barge having beam (width) of 65 to 80 feet is moored 
at the Deloach pier of the Point Breeze docks at Philadelphia Energy 
Solutions on the Schuylkill River. This rule is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under

[[Page 35687]]

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1


0
2. Add temporary Sec.  165.T05-0342, to read as follows:


Sec.  165.T05-0342  Safety Zone, Schuylkill River; Philadelphia, PA.

    (a) Location. The following area is a safety zone: All waters of 
the Schuylkill River in Philadelphia, PA, inside a boundary described 
as originating from the Passyunk Avenue Bridge south to latitude 
39[deg]54'50'' N.
    (b) Enforcement period. (1) This regulation is enforced during 
times when a barge having a beam (width) of 65 to 80 feet is moored at 
the Deloach pier of the Point Breeze docks at Philadelphia Energy 
Solutions.
    (2) Prior to commencing enforcement of this Safety Zone, the COTP 
or designated on-scene patrol personnel will notify the public whenever 
the regulations are being enforced, to include dates and times. The 
means of notification may include, but are not limited to, Broadcast 
Notice to Mariners, Local Notice to Mariners, Marine Safety Information 
Bulletins, or other appropriate means.
    (c) Regulations. (1) All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23.
    (2) All persons and vessels transiting through the Safety Zone must 
be authorized by the Captain of the Port or her representative.
    (3) All persons or vessels wishing to transit through the Safety 
Zone must request authorization to do so from the Captain of the Port 
or her representative 30 minutes prior to the intended time of transit.
    (4) Vessels granted permission to transit must do so in accordance 
with the directions provided by the Captain of the Port or her 
representative to the vessel.
    (5) To seek permission to transit the Safety Zone, the Captain of 
the Port or her representative can be contacted via Sector Delaware Bay 
Command Center (215) 271-4940.
    (6) This section applies to all vessels wishing to transit through 
the Safety Zone except vessels that are engaged in the following 
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (7) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (8) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (9) No person may board, or take or place any article or thing on 
board, any vessel in a safety zone without the permission of the 
Captain of the Port; and
    (10) No person may take or place any article or thing upon any 
waterfront facility in a safety zone without the permission of the 
Captain of the Port.
    (d) Definitions. The Captain of the Port means the Commander of 
Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty 
officer who has been authorized by the Captain of the Port to act on 
her behalf.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the Safety Zone by Federal, State, and local 
agencies.

    Dated: June 10, 2014.
B. Cooper,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2014-14631 Filed 6-23-14; 8:45 am]
BILLING CODE 9110-04-P