Safety Zone, Schuylkill River; Philadelphia, PA, 35684-35687 [2014-14631]
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35684
Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0342]
RIN 1625–AA00
Safety Zone, Schuylkill River;
Philadelphia, PA
Coast Guard, DHS.
Temporary Interim Rule and
Request for Comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the waters of the Schuylkill River
around the Point Breeze docks of
Philadelphia Energy Solutions for a
period of six months, from July 5, 2014
to January 5, 2015. The safety zone is
necessary when a barge with a beam
(width) up to 80 feet moors at the
Philadelphia Energy Solutions Point
Breeze docks Deloach pier, 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 65 to 80
feet is scheduled to moor at the facility.
The Coast Guard is seeking comments
on the potential impact to vessel traffic
on the Schuylkill River that may result
from 30 feet of reduced horizontal
channel clearance when a barge is
moored at the Point Breeze docks of
Philadelphia Energy Solutions in the
Schuylkill River. The Coast Guard
intends to finalize this interim rule after
considering, and incorporating to the
extent appropriate, any comments from
the public.
DATES: This rule is effective from July 5,
2014 to January 5, 2015. Comments and
related material must be received by the
Coast Guard on or before July 24, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
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SUMMARY:
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SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email First Class Petty Officer Tom
Simkins, Sector Delaware Bay
Waterways Management Division, U.S.
Coast Guard; telephone (215) 271–4889,
email tom.j.simkins@uscg.mil. 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. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
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.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2014–0342] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
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If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2014–0342) 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one during the comment period,
using one of the methods specified
under ADDRESSES. Please explain why
you believe a public meeting would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
B. Regulatory History and Information
The Coast Guard is issuing this 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
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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Rules and Regulations
Coast Guard finds that good cause exists
for not publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule. It would be impracticable and
contrary to the public interest to delay
promulgating this rule, as it is necessary
to protect the safety of waterway users
operating in the vicinity of the safety
zone. Mooring operations at the Deloach
pier for barges with a beam (width) up
to 80 feet are scheduled to begin in July
2014, and rapid establishment of the
safety zone is needed to mitigate the
potential safety hazards associated with
these operations. A delay or
cancellation of mooring operations in
order to accommodate a full notice and
comment period would delay necessary
operations and result in increased costs
and risks. This rule will enable
Philadelphia Energy Solutions to reduce
the costs and risks associated with
multiple oil transfers. The Coast Guard
believes it would be impracticable and
contrary to the public interest to delay
this regulation. Under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective less than 30 days after
publication in the Federal Register for
the same reasons.
The Coast Guard will provide as
much advance notice as possible prior
to enforcement. Specific closure dates
and times will be disseminated via a
Safety Marine Information Broadcast
during each closure and posted in the
Local Notice to Mariners, if possible.
The Coast Guard is soliciting public
comments on this temporary interim
rule. Although this interim rule is
effective on July 5, 2014, we will
consider public comments when
developing a final rule that will
supersede this interim rule, and we may
make changes in response to public
comments on any part of this interim
rule.
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C. Basis and Purpose
The legal basis for this rule is: 33
U.S.C 1231; 46 U.S.C. Chapter 701,
3306, 3703; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; Public
Law 107–295, 116 Stat. 2064;
Department of Homeland Security
Delegation No. 0170.1.
The purpose of this rulemaking is to
ensure the safety of waterway users
from hazards that may result from 30
feet of reduced horizontal channel
clearance when a barge with a beam
(width) up to 80 feet is moored at the
Point Breeze docks of Philadelphia
Energy Solutions in the Schuylkill
River.
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D. Discussion of Temporary Interim
Rule
The Coast Guard is establishing a
temporary safety zone in the waters of
the Schuylkill River in Philadelphia, PA
around the Deloach Pier, to be in effect
while barges are moored which have a
beam between 65 and 80 feet. Due to the
width of these barges and the close
proximity of the dock to the navigable
channel, vessel traffic will be restricted
from utilizing the full width of the
channel while these barges are moored
there. This temporary safety zone will
be established for a period of six
months, from July 5, 2014 to January 5,
2015. During times of enforcement, no
person may enter the safety zone unless
authorized by the Captain of the Port or
her representative. Once this rule
becomes effective, the Coast Guard will
evaluate the continued need for the
safety zone.
Philadelphia Energy Solutions utilizes
two ‘‘Point Breeze docks,’’ called the
‘‘Short pier’’ and the ‘‘Deloach pier,’’ to
conduct oil transfers on the Schuylkill
River. The proximity of the navigable
channel to the Short pier is as little as
65 feet on the south end. Likewise, the
Deloach pier is only 50 feet from the
boundaries of the navigable channel at
its southernmost point. Due to close
proximity to the navigable channel and
the resulting beam restrictions on
moored barges, Philadelphia Energy
Solutions presently contracts a smaller
barge to lighter product from the larger
barge at anchorage in the Delaware
River. The smaller barge then conducts
transfers at the Point Breeze docks. To
reduce the risk of multiple oil transfers,
Philadelphia Energy Solutions has
requested to moor barges having a beam
of up to 80 feet at the Point Breeze
docks Deloach pier.
Philadelphia Energy Solutions
requested permission to moor barges
having a beam of up to 80 feet at their
Point Breeze docks Deloach pier for the
purpose of preventing dock congestion
at Girard Point, thereby reducing the
presence of barges at anchor awaiting
berth in the Delaware River and
reducing the risk of unnecessary oil
transfers. The channel within the
Schuylkill River is 300 feet wide at the
location of the Point Breeze docks. A
barge having a beam of 80 feet will
overlap the navigable channel by
approximately 30 feet while moored at
the Deloach pier of the Point Breeze
docks.
The Coast Guard has evaluated the
potential impact to commercial
navigation on the Schuylkill River and
has discussed this action with maritime
stakeholders on multiple occasions
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through the Mariner’s Advisory
Committee for the Bay and River
Delaware. The Mariners Advisory
Committee has received no stakeholder
objections. Currently, only one berth
regularly operates upriver of Passyunk
Avenue Bridge, receiving barges which
will not be restricted by the reduced
horizontal channel clearance at
Philadelphia Energy Solutions. Other
terminals upriver of the bridge no longer
receive vessel traffic.
No objections have been received by
commercial stakeholders making use of
the channel. Additionally, it is not
anticipated that larger vessel traffic will
be established upriver of Point Breeze
due to existing bridge height
restrictions. This rule is only in effect
for six months and subject to review in
the event larger vessel traffic wishes to
trade upriver of Point Breeze in the
future.
This rule is required in order to safely
facilitate cargo operations and protect
both life and property on the navigable
waterways of the Schuylkill River in
respect to the commercial/recreational
vessel traffic, while mitigating
congestion and anchorage use in nearby
navigable waters. The Coast Guard is
establishing a safety zone on the
Schuylkill River at the Point Breeze
docks of Philadelphia Energy Solutions
from the Passyunk Avenue Bridge to
latitude 39°54′50″ N to facilitate the
movement of barge traffic in the
Schuylkill River and to prevent conflict
of navigation between vessels transiting
the Schuylkill River and barges mooring
at the Deloach pier of Philadelphia
Energy Solutions. The safety zone will
provide notice for the safety of vessel
traffic in the navigable channel. When a
barge having a beam (width) of 65 to 80
feet is scheduled to moor at the Deloach
pier, Philadelphia Energy Solutions will
give the Coast Guard 24 hours advance
notice. The Coast Guard will permit the
wide barge to moor and will broadcast
the implementation of the safety zone
for the duration of the time that the
barge is moored at the Deloach pier.
Advance public notifications will be
made to the local maritime community
through the Broadcast Notice to
Mariners and Local Notice to Mariners,
if possible.
E. 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.
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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Rules and Regulations
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 will not
interfere with existing or potential
activity on the Schuylkill River.
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.).
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2. Impact on Small Entities
5. Federalism
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.
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 pier of the Point Breeze docks
at Philadelphia Energy Solutions. 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 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.
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.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
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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 would 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
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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 65 to 80 feet is moored at the Deloach
pier of the Point Breeze docks at
Philadelphia Energy Solutions 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
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Federal Register / Vol. 79, No. 121 / Tuesday, June 24, 2014 / Rules and Regulations
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
2. Add temporary § 165.T05–0342, to
read as follows:
■
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§ 165.T05–0342 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
the Passyunk Avenue Bridge south to
latitude 39°54′50″ N.
(b) Enforcement period. (1) This
regulation is enforced during times
when a barge having a beam (width) of
65 to 80 feet is moored at the Deloach
pier of the Point Breeze docks at
Philadelphia Energy Solutions.
(2) Prior to commencing enforcement
of this Safety Zone, the COTP or
designated on-scene patrol personnel
will notify the public whenever the
regulations are 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
her 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 her 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
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of the Port or her representative to the
vessel.
(5) To seek permission to transit the
Safety Zone, the Captain of the Port or
her 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 her 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: June 10, 2014.
B. Cooper,
Captain, U.S. Coast Guard, Acting Captain
of the Port Delaware Bay.
[FR Doc. 2014–14631 Filed 6–23–14; 8:45 am]
35687
adverse comments or any notices of
intent to submit an adverse comment.
Therefore, the rule will go into effect as
scheduled to remove the existing
regulation because it places general
restrictions on vessels which are no
longer necessary.
This final rule is effective July
14, 2014.
DATES:
For
information about this regulation call or
˜
email LCDR Xochitl Castaneda, Sector
Houston-Galveston, Houston, Texas, at
telephone (281) 464–4891, email
Xochitl.L.Castaneda@Uscg.mil. For
information about viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone 202–366–9826,
toll free 1–800–647–5527.
FOR FURTHER INFORMATION CONTACT:
Discussion
The Coast Guard published a direct
final rule on April 8, 2014 in the
Federal Register (79 FR 19289) to
disestablish the Snake Island safety
zone, also known as Shoal Point, within
the Texas City channel. The Coast
Guard did not receive any comment on
this rulemaking. The direct final rule
will go into effect on July 7, 2014.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed herein and
in the direct final rule, published April
8, 2014, the Coast Guard amends 33 CFR
part 165 as follows:
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1(g),
6.04–1, 6.04–6, and 160.5; Pub. L. 107–295,
116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
33 CFR Part 165
[Docket No. USCG–2014–0034]
RIN 1625–AA00
Safety Zone, Texas City Channel,
Texas City, TX
§ 165.804
Coast Guard, DHS.
ACTION: Final rule.
Dated: June 3, 2014.
Brian K. Penoyer,
Captain, U.S. Coast Guard, Captain of the
Port Houston-Galveston.
AGENCY:
The Coast Guard published a
direct final rule and request for
comments on April 8, 2014, removing
the Snake Island Safety Zone, also
known as Shoal Point, within the Texas
City Channel. We did not receive any
SUMMARY:
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■
[Removed]
2. Remove § 165.804.
[FR Doc. 2014–14633 Filed 6–23–14; 8:45 am]
BILLING CODE 9110–04–P
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Agencies
[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35684-35687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14631]
[[Page 35684]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0342]
RIN 1625-AA00
Safety Zone, Schuylkill River; Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary Interim Rule and Request for Comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters of the Schuylkill River around the Point Breeze docks of
Philadelphia Energy Solutions for a period of six months, from July 5,
2014 to January 5, 2015. The safety zone is necessary when a barge with
a beam (width) up to 80 feet moors at the Philadelphia Energy Solutions
Point Breeze docks Deloach pier, 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 65 to 80
feet is scheduled to moor at the facility. The Coast Guard is seeking
comments on the potential impact to vessel traffic on the Schuylkill
River that may result from 30 feet of reduced horizontal channel
clearance when a barge is moored at the Point Breeze docks of
Philadelphia Energy Solutions in the Schuylkill River. The Coast Guard
intends to finalize this interim rule after considering, and
incorporating to the extent appropriate, any comments from the public.
DATES: This rule is effective from July 5, 2014 to January 5, 2015.
Comments and related material must be received by the Coast Guard on or
before July 24, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email First Class Petty Officer Tom Simkins, Sector Delaware
Bay Waterways Management Division, U.S. Coast Guard; telephone (215)
271-4889, email tom.j.simkins@uscg.mil. 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. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2014-0342] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2014-0342) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one during the comment period, using one of the methods
specified under ADDRESSES. Please explain why you believe a public
meeting would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Regulatory History and Information
The Coast Guard is issuing this 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
[[Page 35685]]
Coast Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule. It would be
impracticable and contrary to the public interest to delay promulgating
this rule, as it is necessary to protect the safety of waterway users
operating in the vicinity of the safety zone. Mooring operations at the
Deloach pier for barges with a beam (width) up to 80 feet are scheduled
to begin in July 2014, and rapid establishment of the safety zone is
needed to mitigate the potential safety hazards associated with these
operations. A delay or cancellation of mooring operations in order to
accommodate a full notice and comment period would delay necessary
operations and result in increased costs and risks. This rule will
enable Philadelphia Energy Solutions to reduce the costs and risks
associated with multiple oil transfers. The Coast Guard believes it
would be impracticable and contrary to the public interest to delay
this regulation. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register for the same reasons.
The Coast Guard will provide as much advance notice as possible
prior to enforcement. Specific closure dates and times will be
disseminated via a Safety Marine Information Broadcast during each
closure and posted in the Local Notice to Mariners, if possible.
The Coast Guard is soliciting public comments on this temporary
interim rule. Although this interim rule is effective on July 5, 2014,
we will consider public comments when developing a final rule that will
supersede this interim rule, and we may make changes in response to
public comments on any part of this interim rule.
C. Basis and Purpose
The legal basis for this rule is: 33 U.S.C 1231; 46 U.S.C. Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
The purpose of this rulemaking is to ensure the safety of waterway
users from hazards that may result from 30 feet of reduced horizontal
channel clearance when a barge with a beam (width) up to 80 feet is
moored at the Point Breeze docks of Philadelphia Energy Solutions in
the Schuylkill River.
D. Discussion of Temporary Interim Rule
The Coast Guard is establishing a temporary safety zone in the
waters of the Schuylkill River in Philadelphia, PA around the Deloach
Pier, to be in effect while barges are moored which have a beam between
65 and 80 feet. Due to the width of these barges and the close
proximity of the dock to the navigable channel, vessel traffic will be
restricted from utilizing the full width of the channel while these
barges are moored there. This temporary safety zone will be established
for a period of six months, from July 5, 2014 to January 5, 2015.
During times of enforcement, no person may enter the safety zone unless
authorized by the Captain of the Port or her representative. Once this
rule becomes effective, the Coast Guard will evaluate the continued
need for the safety zone.
Philadelphia Energy Solutions utilizes two ``Point Breeze docks,''
called the ``Short pier'' and the ``Deloach pier,'' to conduct oil
transfers on the Schuylkill River. The proximity of the navigable
channel to the Short pier is as little as 65 feet on the south end.
Likewise, the Deloach pier is only 50 feet from the boundaries of the
navigable channel at its southernmost point. Due to close proximity to
the navigable channel and the resulting beam restrictions on moored
barges, Philadelphia Energy Solutions presently contracts a smaller
barge to lighter product from the larger barge at anchorage in the
Delaware River. The smaller barge then conducts transfers at the Point
Breeze docks. To reduce the risk of multiple oil transfers,
Philadelphia Energy Solutions has requested to moor barges having a
beam of up to 80 feet at the Point Breeze docks Deloach pier.
Philadelphia Energy Solutions requested permission to moor barges
having a beam of up to 80 feet at their Point Breeze docks Deloach pier
for the purpose of preventing dock congestion at Girard Point, thereby
reducing the presence of barges at anchor awaiting berth in the
Delaware River and reducing the risk of unnecessary oil transfers. The
channel within the Schuylkill River is 300 feet wide at the location of
the Point Breeze docks. A barge having a beam of 80 feet will overlap
the navigable channel by approximately 30 feet while moored at the
Deloach pier of the Point Breeze docks.
The Coast Guard has evaluated the potential impact to commercial
navigation on the Schuylkill River and has discussed this action with
maritime stakeholders on multiple occasions through the Mariner's
Advisory Committee for the Bay and River Delaware. The Mariners
Advisory Committee has received no stakeholder objections. Currently,
only one berth regularly operates upriver of Passyunk Avenue Bridge,
receiving barges which will not be restricted by the reduced horizontal
channel clearance at Philadelphia Energy Solutions. Other terminals
upriver of the bridge no longer receive vessel traffic.
No objections have been received by commercial stakeholders making
use of the channel. Additionally, it is not anticipated that larger
vessel traffic will be established upriver of Point Breeze due to
existing bridge height restrictions. This rule is only in effect for
six months and subject to review in the event larger vessel traffic
wishes to trade upriver of Point Breeze in the future.
This rule is required in order to safely facilitate cargo
operations and protect both life and property on the navigable
waterways of the Schuylkill River in respect to the commercial/
recreational vessel traffic, while mitigating congestion and anchorage
use in nearby navigable waters. The Coast Guard is establishing a
safety zone on the Schuylkill River at the Point Breeze docks of
Philadelphia Energy Solutions from the Passyunk Avenue Bridge to
latitude 39[deg]54'50'' N to facilitate the movement of barge traffic
in the Schuylkill River and to prevent conflict of navigation between
vessels transiting the Schuylkill River and barges mooring at the
Deloach pier of Philadelphia Energy Solutions. The safety zone will
provide notice for the safety of vessel traffic in the navigable
channel. When a barge having a beam (width) of 65 to 80 feet is
scheduled to moor at the Deloach pier, Philadelphia Energy Solutions
will give the Coast Guard 24 hours advance notice. The Coast Guard will
permit the wide barge to moor and will broadcast the implementation of
the safety zone for the duration of the time that the barge is moored
at the Deloach pier. Advance public notifications will be made to the
local maritime community through the Broadcast Notice to Mariners and
Local Notice to Mariners, if possible.
E. 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.
[[Page 35686]]
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 will not interfere with
existing or potential activity on 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
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.
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 pier of the
Point Breeze docks at Philadelphia Energy Solutions. 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 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.
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.
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 would 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 65 to 80 feet is moored
at the Deloach pier of the Point Breeze docks at Philadelphia Energy
Solutions 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
[[Page 35687]]
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; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1
0
2. Add temporary Sec. 165.T05-0342, to read as follows:
Sec. 165.T05-0342 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 the Passyunk Avenue Bridge south to latitude
39[deg]54'50'' N.
(b) Enforcement period. (1) This regulation is enforced during
times when a barge having a beam (width) of 65 to 80 feet is moored at
the Deloach pier of the Point Breeze docks at Philadelphia Energy
Solutions.
(2) Prior to commencing enforcement of this Safety Zone, the COTP
or designated on-scene patrol personnel will notify the public whenever
the regulations are 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 her 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 her 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 her
representative to the vessel.
(5) To seek permission to transit the Safety Zone, the Captain of
the Port or her 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
her 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: June 10, 2014.
B. Cooper,
Captain, U.S. Coast Guard, Acting Captain of the Port Delaware Bay.
[FR Doc. 2014-14631 Filed 6-23-14; 8:45 am]
BILLING CODE 9110-04-P