[Federal Register Volume 82, Number 83 (Tuesday, May 2, 2017)]
[Rules and Regulations]
[Pages 20442-20444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08819]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0152]
RIN 1625-AA87


Security Zone; Schuylkill River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
the waters of the Schuylkill River, Philadelphia, PA. This temporary 
security zone is intended to restrict vessels from portions of the 
Schuylkill River during the 2017 National Football League (NFL) Draft 
from April 27 through April 29, 2017. 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 designated representative. This security zone is necessary to 
provide security on navigable waters near the event.

DATES: This rule is effective without actual notice from April 27, 2017 
through 6:00 p.m. on April 29, 2017. For purposes of enforcement, 
actual notice will be used from 10:00 a.m. on April 27 through April 
27, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0152 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 MST1 Thomas Simkins, U.S. Coast Guard, Sector Delaware 
Bay, Waterways Management Division, Coast Guard; telephone (215) 271-
4889, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
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 with 
respect to this rule because doing so would be impracticable and 
contrary to the public interest. The final details for the security 
zone were not known until April 10, 2017, preventing the Coast Guard 
from issuing a notice of proposed rulemaking with opportunity for 
public comment. Delaying this action to allow an opportunity for public 
comment would be contrary to the rule's objectives of ensuring safety 
of life on the navigable waters and protection near the event.
    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 because doing so would be 
impracticable and contrary to the public interest. Delaying the 
effective date would be contrary to the rule's objectives of ensuring 
safety of life on the navigable waters and protection near the event.

[[Page 20443]]

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 this 
temporary security zone is necessary to provide security during the NFL 
Draft, and protect against sabotage or terrorist attacks to human life, 
vessels, mariners, and waterfront facilities at or near this event.

IV. Discussion of the Rule

    From April 27, 2017 through April 29, 2017, the NFL Draft will take 
place at the Philadelphia Museum of Art in Philadelphia, PA. The Coast 
Guard is establishing a temporary security zone in a portion of the 
Schuylkill River, Philadelphia, PA. The security zone includes all the 
waters of the Schuylkill River from the Market Street Bridge north to 
the Fairmount dam.
    Access to this security zone will be restricted during the 
specified date and time period. Only vessels or persons specifically 
authorized by the Captain of the Port Delaware Bay or designated 
representative may enter or remain in the regulated area. This security 
zone will be effective and enforced from April 27, 2017 through April 
29, 2017.

V. 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 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 Schuylkill River, 
Philadelphia, PA, for less than 12 hours. Moreover, the Coast Guard 
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 
regarding the security zone, under the regulation vessel operators may 
request permission to enter the zone.

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 M16475.1D, 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 it 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule adjusts rates in accordance with applicable statutory and 
regulatory mandates. It is categorically excluded under section 2.B.2, 
figure 2-1, paragraph 34(g) of the Instruction, which pertains to minor 
regulatory changes that are editorial or procedural in nature. A Record 
of Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble.

[[Page 20444]]

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.T05-0152 to read as follows:


Sec.  165.T05-0152  Security Zone; Schuylkill River; Philadelphia, PA.

    (a) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard petty 
officer, warrant or commissioned officer operating a Coast Guard vessel 
and a Federal, State, and local law enforcement officer designated by 
or assisting the Captain of the Port, Delaware Bay in the enforcement 
of the security zone.
    (b) Location. The following area is a security zone: All the waters 
of the Schuylkill River from the Market Street Bridge north to the 
Fairmount dam.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, persons may not enter the security zone 
described in paragraph (b) of this section unless authorized by the 
COTP or the COTP's designated representative.
    (2) To request permission to enter the security zone, contact the 
COTP or the COTP's representative on VHF-FM channel 16. All persons and 
vessels 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 section will be enforced from April 
27, 2017 through April 29, 2017 from 10:00 a.m. to 6:00 p.m. each day.

    Dated: April 24, 2017.
Benjamin A. Cooper,
Captain, U.S. Coast Guard Captain of the Port, Delaware Bay.
[FR Doc. 2017-08819 Filed 4-27-17; 4:40 pm]
 BILLING CODE 9110-04-P