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


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

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

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

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

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

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

III. Legal Authority and Need for Rule

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

IV. Discussion of the Rule

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

[[Page 48332]]

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

V. Regulatory Analyses

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

A. Regulatory Planning and Review

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

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

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

[[Page 48333]]

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

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


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


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

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

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