[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Pages 56926-56929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23631]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Security Zone, Delaware River; Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0732]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector 
Delaware Bay, Chief Waterways Management Division, Coast Guard; 
telephone (215) 271-4851,

[[Page 56927]]

email [email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the final details for Pope Francis' 
arrival and departure were not known until August 4, 2015. This late 
notification precludes the Coast Guard from publishing a NPRM while 
meeting the security zone's objectives of protecting Pope Francis and 
accompanying high-ranking government officials, and protect against 
sabotage or terrorist attacks to human life, vessels, mariners, and 
waterfront facilities at or near this event.
    For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this temporary rule effective 
less than 30 days after publication in the Federal Register.

B. Basis and Purpose

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

C. Discussion of the Final Rule

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

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    Although this regulation will restrict access to the security 
zones, the effect of this rule will not be significant because: this 
rule will only be enforced for a limited duration; vessels may be 
granted permission to transit through the zone on a case-by-case basis; 
and the Coast Guard will make notifications via maritime advisories so 
mariners can adjust their plans accordingly.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. These security zones will not have a significant economic 
impact on a substantial number of small entities for the reasons stated 
under paragraph D.1., Regulatory Planning and Review.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions

[[Page 56928]]

concerning its provisions or options for compliance, please contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a security zone 
and is categorically excluded from further review under paragraph 34(g) 
of Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are not required.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T05-0732 to read as follows:


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

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

[[Page 56929]]

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

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