[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Rules and Regulations]
[Pages 52625-52627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21687]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety Zone, Schuylkill River; Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

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

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

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

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

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

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

B. Basis and Purpose

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

C. Discussion of Comments, Changes and the Final Rule

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

D. Regulatory Analyses

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

1. Regulatory Planning and Review

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

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their

[[Page 52626]]

fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received 0 comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
navigable channel is 300 feet wide, providing a remaining 270 feet of 
horizontal channel clearance for the passage of vessel traffic in the 
Schuylkill River. Additionally, the only commercial vessel traffic 
utilizing the waterway upriver of the Passyunk Avenue Bridge is an 
occasional barge. All anticipated vessel traffic will be able to pass 
safely around an 80 foot wide barge moored at the Deloach dock at 
Philadelphia Energy Solutions near Point Breeze. Before the safety zone 
goes into effect, maritime advisories will be made widely available to 
users of the Schuylkill River navigable channel.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and this rule would have a 
significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.784 to read as follows:

[[Page 52627]]

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

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

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