[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Proposed Rules]
[Pages 22301-22303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09763]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0079]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent security 
zone within portions of the Delaware River, and Schuylkill River, for 
the protection of Very Important Persons (VIP) who arrive and depart 
from Philadelphia International Airport, Philadelphia, PA. This rule is 
necessary to expedite the establishment and enforcement of the security 
zones when short notice is received by the Coast Guard for VIP(s) 
traveling to the Philadelphia area. This rule will ensure safety and 
security for the visiting VIP. The permanent security zone will be 
enforced only during times of VIP transit and will restrict vessel 
traffic while the zone is being enforced. Only vessels or people 
specifically authorized by the Captain of the Port, Delaware Bay, or 
designated representative may enter or remain in the regulated area.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 14, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0079 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Petty Officer Amanda Boone, U.S. Coast Guard, 
Sector Delaware Bay, Waterways Management Division, Coast Guard; 
telephone (215)271-4814, 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
VIP Very Important Persons

II. Background, Purpose, and Legal Basis

    On occasion VIP(s) will arrive and depart Philadelphia 
International Airport, Philadelphia, PA, located within Coast Guard 
Sector Delaware Bay Captain of the Port (COTP) zone. These VIP visits 
require the implementation of heightened security measures for 
protection of VIP(s) who may travel over or on portions of the Delaware 
River and Schuylkill River.
    The purpose of this rulemaking is to protect the VIP and the public 
from destruction, loss, or injury from sabotage, subversive acts, or 
other malicious or potential terrorist acts.
    The Coast Guard proposes this rulemaking under authority 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; 
Department of Homeland Security Delegation No. 0170.1.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a permanent security zone 
within portions of the Delaware River and Schuylkill River for the 
protection of VIP's who arrive and depart from Philadelphia 
International Airport, Philadelphia, PA. This rule is necessary to 
expedite the establishment and enforcement of security zones when short 
notice is provided to the COTP for

[[Page 22302]]

VIPs traveling to or from Philadelphia include the following areas:
    (1) All waters of the Delaware River in the vicinity of 
Philadelphia International airport, within an area bound to the west by 
a line drawn from the New Jersey shoreline at Thompson Point, latitude 
39[deg]50'37'' N., longitude 75[deg]18'23'' W., thence northwest to the 
Pennsylvania shoreline at latitude 39[deg]51'45'' N., longitude 
75[deg]18'46'' W.; thence up river and bound shoreline to shoreline; 
bound to the east by a line drawn from the New Jersey shoreline at 
latitude 39[deg]52'28'' N., longitude 75[deg]11'14'' W., and thence 
northwest to the Pennsylvania shoreline near the eastern side of mouth 
to the Schuylkill River at latitude 39[deg]53'05'' N., longitude 
75[deg]11'34'' W.; the security zone extends north into the waters of 
Schuylkill River, bound from shoreline to shoreline, including the 
waters of Schuylkill River adjacent to the Navy Yard Reserve Basin 
Bridge, and terminates along a line drawn from latitude 39[deg]54'04'' 
N., longitude 75[deg]12'56'' W., thence eastward across the Schuylkill 
River to latitude 39[deg]54'07'' N., longitude 75[deg]12'48'' W., 
located approximately 500 yards northwest and parallel with the George 
C. Platt Memorial--Penrose Avenue lift-bridge.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    The Coast Guard determined that this rulemaking would not be a 
significant regulatory action for the following reasons: Although the 
security zone area covers only a large portion of the navigable 
waterways, mariners may request permission from COTP Coast Guard Sector 
Delaware Bay or the designated representative to transit or remain in 
the security zone. Furthermore the duration of the security zone would 
not significantly impact vessel because of the small amount of time it 
takes for VIP transits to and from the airport. Advance notifications 
would be made to the local maritime community by issuance of Local 
Notice to Mariners, Broadcast Notice to Mariners, Marine information 
and facsimile broadcasts so mariners can adjust their plans 
accordingly.

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 
proposed rule would 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 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a 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 proposed 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 proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 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 proposed rule adjusts rates in 
accordance with applicable statutory and regulatory mandates. Normally 
such actions are categorically excluded from further review under 
section 2.B.2, and figure 2-1, paragraph

[[Page 22303]]

34(g) of the Instruction. Paragraph 34(a) pertains to minor regulatory 
changes that are editorial or procedural in nature. A preliminary 
Record of Environmental Consideration (REC) supporting this 
determination is available in the docket where indicated under the 
ADDRESSES section of this preamble. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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.  165.557 to read as follows:


Sec.  165.557  Security Zone; Delaware River, and Schuylkill River, 
Philadelphia, PA.

    (a) Location. The following areas are security zones: All waters of 
the Delaware River in the vicinity of Philadelphia International 
airport, within an area bound to the west by a line drawn from the New 
Jersey shoreline at Thompson Point, latitude 39[deg]50'37'' N., 
longitude 75[deg]18'23'' W., thence northwest to the Pennsylvania 
shoreline at latitude 39[deg]51'45'' N., longitude 75[deg]18'46'' W.; 
thence up river and bound shoreline to shoreline; bound to the east by 
a line drawn from the New Jersey shoreline at latitude 39[deg]52'28'' 
N., longitude 75[deg]11'14'' W., and thence northwest to the 
Pennsylvania shoreline near the eastern side of mouth to the Schuylkill 
River at latitude 39[deg]53'05'' N., longitude 75[deg]11'34'' W.; the 
security zone extends north into the waters of Schuylkill River, bound 
from shoreline to shoreline, including the waters of Schuylkill River 
adjacent to the Navy Yard Reserve Basin Bridge, and terminates along a 
line drawn from latitude 39[deg]54'04'' N., longitude 75[deg]12'56'' 
W., thence eastward across the Schuylkill River to latitude 
39[deg]54'07'' N., longitude 75[deg]12'48'' W., located approximately 
500 yards northwest and parallel with the George C. Platt Memorial--
Penrose Avenue lift-bridge.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative. A designated representative is any 
Coast Guard commissioned, warrant or petty officer who has been 
designated by the COTP to act on his or her behalf. The designated 
representative may be on an official patrol vessel or may be on shore 
and will communicate with vessels via VHF-FM radio or loudhailer. In 
addition, members of the Coast Guard Auxiliary may be present to inform 
vessel operators of this regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of 
any Coast Guard, Coast Guard Auxiliary, State, or local law enforcement 
vessels assigned or approved by the COTP.
    (c) Regulations. (1) In accordance with the general regulations 
contained in Sec.  [thinsp]165.33, entry into or movement within this 
zone is prohibited unless authorized by the COTP, Sector Delaware Bay 
or designated representative.
    (2) To request permission to enter the regulated area contact the 
COTP or the COTP's representative on VHF-FM channel 16. Vessel 
operators and persons within the security zone must comply with all 
lawful orders or directions given to them by the COTP or the COTP's 
designated representative. No person may swim upon or below the surface 
of the water of this security zone unless authorized by the COTP or his 
designated representative.
    (3) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with lawful direction may result in expulsion from the regulated 
area, citation for failure to comply, or both.
    (d) Enforcement. This security zone will be enforced with actual 
notice by the U.S. Coast Guard representatives on scene, as well as 
other methods listed in 33 CFR 165.7.

    Dated: May 8, 2017.
Benjamin A. Cooper,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2017-09763 Filed 5-12-17; 8:45 am]
BILLING CODE 9110-04-P