Security Zone, Delaware River; Philadelphia, PA, 56926-56929 [2015-23631]
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Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations
Washington, DC 20220 within 10
business days from the date such funds
transfers are released. Such reports shall
include the following:
(1) Where available, a copy of the
original blocking report filed with
OFAC pursuant to § 501.603(b)(1) of this
chapter.
(2) The date the unblocked funds
transfer was released;
(3) The amount of funds unblocked;
(4) The name of the party to whom the
funds were released; and
(5) A reference to this section as the
legal authority under which the funds
transfer was unblocked and returned.
■ 31. Amend § 515.585 by revising the
section heading, designating the
undesignated paragraph as paragraph
(a), revising newly designated paragraph
(a), and adding paragraph (b) to read as
follows:
§ 515.585 Certain transactions with certain
Cuban nationals in third countries.
(a) Persons subject to U.S. jurisdiction
are authorized to provide goods and
services to a Cuban national located in
a third country who is an individual,
provided that the transaction does not
involve a commercial exportation,
directly or indirectly, of goods or
services to or from Cuba.
(b)(1) Opening and maintaining bank
accounts. Banking institutions, as
defined in § 515.314, are authorized to
open and maintain accounts, including
the deposit of funds in such accounts by
wire transfer, for a Cuban national
located in a third country who is an
individual, provided that such accounts
are used only while the Cuban national
is located outside of Cuba and may not
be used for transactions that involve a
commercial exportation of goods or
services to or from Cuba.
(2) Closing bank accounts. Banking
institutions, as defined in § 515.314, are
authorized to close an account opened
pursuant to the authorization in
paragraph (b)(1) of this section.
*
*
*
*
*
■ 32. Amend § 515.586 by revising
paragraph (c) to read as follows:
§ 515.586 Cuban official missions in the
United States.
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*
*
*
*
*
(c) Depository institutions, as defined
in § 515.333, are authorized to operate
accounts for, extend credit to, and
process funds transfers on behalf of the
official missions of the Government of
Cuba to the United States, and the
official missions of the Government of
Cuba to international organizations in
the United States, and employees
thereof, subject to the limitations in
paragraphs (a) and (b) of this section
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Jkt 235001
and provided that any depository
institution making use of the
authorization in this section must
submit a report to the Department of the
Treasury, Office of Foreign Assets
Control, Attn: Sanctions Compliance &
Evaluation Division, 1500 Pennsylvania
Ave NW., Annex, Washington, DC
20220, no later than 30 days following
the establishment of the account. Such
report shall include the name and
address of the depository institution, the
name of the account holder, and the
account number.
Dated: September 16, 2015.
John E. Smith,
Acting Director, Office of Foreign Assets
Control.
33. Add § 515.587 to subpart E to read
as follows:
[Docket No. USCG–2015–0732]
§ 515.587 Remittances from Cuban
nationals to persons subject to U.S.
jurisdiction.
Security Zone, Delaware River;
Philadelphia, PA
■
Persons subject to U.S. jurisdiction
are authorized to receive remittances in
the United States from Cuban nationals,
wherever located, provided that the
remitter is not a prohibited official of
the Government of Cuba, as defined in
§ 515.337, or a prohibited member of the
Cuban Communist Party, as defined in
§ 515.338.
Note to § 515.587: See § 515.572 for an
authorization to provide services related to
the receipt of remittances authorized by this
section.
34. Add § 515.588 to subpart E to read
as follows:
■
§ 515.588 Certain Cuban legal services
authorized.
(a) All transactions, including
payments, ordinarily incident to receipt
of the following legal services from
Cuba or from a Cuban national are
authorized: legal advice and counseling
on the requirements of and compliance
with the laws of Cuba or any
jurisdiction within Cuba, provided that
such advice and counseling relate to
transactions authorized by or exempt
from the prohibitions of this part.
(b) The receipt of any other legal
services from Cuba or a Cuban national,
not otherwise authorized in this part,
requires the issuance of a specific
license.
35. Add § 515.589 to subpart E to read
as follows:
■
§ 515.589 Authorization of emergency
medical services.
The provision of nonscheduled
emergency medical services in the
United States to Cuban nationals is
authorized.
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[FR Doc. 2015–23587 Filed 9–18–15; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
RIN 1625–AA87
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing security zones in the waters
of the Delaware River and Schuylkill
River in Philadelphia, PA. These zones
are intended to restrict vessels from
portions of the Delaware River and
Schuylkill River during the 2015 Papal
visit on September 26, 2015, and
September 27, 2015. During the
enforcement period, no unauthorized
vessels or people will be permitted to
enter or move within the security zones
without permission from the Captain of
the Port or his designated
representative. This security zone is
necessary to provide security for Pope
Francis.
SUMMARY:
This rule will be effective and
enforced from 6:00 a.m. on September
25, 2015, to 12:00 p.m. on September
28, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0732]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Brennan Dougherty,
U.S. Coast Guard, Sector Delaware Bay,
Chief Waterways Management Division,
Coast Guard; telephone (215) 271–4851,
DATES:
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email Brennan.P.Dougherty@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
COTP Captain of the Port
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
final details for Pope Francis’ arrival
and departure were not known until
August 4, 2015. This late notification
precludes the Coast Guard from
publishing a NPRM while meeting the
security zone’s objectives of protecting
Pope Francis and accompanying highranking government officials, and
protect against sabotage or terrorist
attacks to human life, vessels, mariners,
and waterfront facilities at or near this
event.
For similar reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this
temporary rule effective less than 30
days after publication in the Federal
Register.
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B. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
6.04–6 and 160.5; and Department of
Homeland Security Delegation No.
0170.1., which collectively authorize
the Coast Guard to establish security
zones.
These temporary security zones are
necessary to provide for the security of
Pope Francis and accompanying highranking government officials, and
protect against sabotage or terrorist
attacks to human life, vessels, mariners,
and waterfront facilities at or near this
event.
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C. Discussion of the Final Rule
On September 26, 2015, Pope Francis
and accompanying high-ranking
government officials will be arriving in
Philadelphia, PA. The Coast Guard is
establishing several security zones in
portions of the Delaware River and
Schuylkill River in Philadelphia, PA.
The first security zone will be
enforced from September 26, 2015, at
6:00 a.m. until September 28, 2015, at
12:00 p.m. and includes all the waters
of the Delaware River from the New
Jersey shore line, to the Pennsylvania
shore line, beginning at the east end of
Little Tinicum Island extending in a
Northeasterly direction and ending at
the mouth of the Schuylkill River;
The second security zone will be
enforced from September 25, 2015, at
6:00 a.m. until September 28, 2015, at
12:00 p.m. and includes all the waters
of the Schuylkill River inside a
boundary described as originating from
the South 34th street Bridge north and
ending at the West Girard Avenue
Bridge.
The third security zone will be
enforced from September 25, 2015, at
6:00 a.m. until September 28, 2015, at
12:00 p.m. and includes all the waters
of the Schuylkill River inside a
boundary described as originating from
the mouth of the Schuylkill River and
ending 500 yards north of the George C.
Platt Memorial Bridge.
The fourth security zone will be
enforced from September 26, 2015, at
6:00 a.m. until September 28, 2015, at
12:00 p.m. and includes all waters of the
Delaware River adjacent to the Ben
Franklin Bridge bounded in the East by
the New Jersey shoreline, bounded in
the West by the Pennsylvania shoreline,
bounded in the South by Latitude
39°56′31″ N., and bounded in the North
by Latitude 39°57′23″ N.
The fifth security zone will be
enforced on September 27, 2015, from
9:00 a.m. until 2:00 p.m. and includes
all water of the Delaware River adjacent
to Curran-Fromhold Correctional
Facility, in North-East Philadelphia, PA,
bounded from shoreline to shoreline,
bounded on the south by a line running
east to west from points along the
shoreline at latitude 40°00′54″ N.,
longitude 075°01′00″ W.; thence to
latitude 40°01′15″ N., longitude
075°01′19″ W., and bounded on the
North by a line running east to west
from points along the shoreline at
latitude 40°01′58″ N., longitude
074°59′24″ W.; thence to latitude
40°02′15″ N., longitude 074°59′55″ W.
Access to these security zones will be
restricted during the specified date and
time period. Only vessels or people
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56927
specifically authorized by the Captain of
the Port, Delaware Bay or his designated
representative may enter or remain in
the regulated area.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
Although this regulation will restrict
access to the security zones, the effect
of this rule will not be significant
because: this rule will only be enforced
for a limited duration; vessels may be
granted permission to transit through
the zone on a case-by-case basis; and the
Coast Guard will make notifications via
maritime advisories so mariners can
adjust their plans accordingly.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
These security zones will not have a
significant economic impact on a
substantial number of small entities for
the reasons stated under paragraph D.1.,
Regulatory Planning and Review.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
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concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
4. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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8. Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a security zone and is
categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
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environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
not required.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.T05–0732 to read as
follows:
■
§ 165.T05–0732 Security Zone, Delaware
River; Philadelphia, PA.
(a) Locations and enforcement
periods. The Coast Guard is establishing
security zones in portions of the
Delaware River and Schuylkill River in
Philadelphia, PA.
(1) The first security zone will be
enforced from September 26, 2015, at
6:00 a.m. until September 28, 2015, at
12:00 p.m. and includes all the waters
of the Delaware River from the New
Jersey shore line, to the Pennsylvania
shore line, beginning at the east end of
Little Tinicum Island extending in a
Northeasterly direction and ending at
the mouth of the Schuylkill River;
(2) The second security zone will be
enforced from September 25, 2015, at
6:00 a.m. until September 28, 2015, at
12:00 p.m. and includes all the waters
of the Schuylkill River inside a
boundary described as originating from
the South 34th street Bridge north and
ending at the West Girard Avenue
Bridge.
(3) The third security zone will be
enforced from September 25, 2015, at
6:00 a.m. until September 28, 2015, at
12:00 p.m. and includes all the waters
of the Schuylkill River inside a
boundary described as originating from
the mouth of the Schuylkill River and
ending 500 yards north of the George C.
Platt Memorial Bridge.
(4) The fourth security zone will be
enforced from September 26, 2015, at
6:00 a.m. until September 28, 2015, at
12:00 p.m. and includes all waters of the
Delaware River adjacent to the Ben
Franklin Bridge bounded in the East by
the New Jersey shoreline, bounded in
the West by the Pennsylvania shoreline,
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Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations
bounded in the South by Latitude
39°56′31″ N., and bounded in the North
by Latitude 39°57′23″ N.
(5) The fifth security zone will be
enforced on September 27, 2015, from
9:00 a.m. until 2:00 p.m. and includes
all water of the Delaware River adjacent
to Curran-Fromhold Correctional
Facility, in North-East Philadelphia, PA,
bounded from shoreline to shoreline,
bounded on the south by a line running
east to west from points along the
shoreline at latitude 40°00′54″ N.,
longitude 075°01′00″ W.; thence to
latitude 40°01′15″ N., longitude
075°01′19″ W., and bounded on the
North by a line running east to west
from points along the shoreline at
latitude 40°01′58″ N., longitude
074°59′24″ W.; thence to latitude
40°02′15″ N., longitude 074°59′55″ W.
(b) Regulations. The general security
zone regulations found in 33 CFR part
165 subpart C apply to the security
zones created by this section.
(1) All persons and vessels are
prohibited from entering these security
zones, except as authorized by the Coast
Guard Captain of the Port or his
designated representative.
(2) To seek permission to transit any
of these security zones, the Captain of
the Port or his designated representative
can be contacted via Sector Delaware
Bay Command Center (215) 271–4940 or
on VHF–FM marine band radio channel
16 (156.8 MHz).
(3) Vessels granted permission to
transit through the security zones must
do so in accordance with the directions
provided by the Captain of the Port or
his designated representative to the
vessel.
(4) This section applies to all vessels
wishing to transit through the security
zones except vessels that are engaged in
the following operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; or
(iii) Emergency response vessels.
(5) No person or vessel may enter or
remain in a security zone without the
permission of the Captain of the Port;
(6) Each person and vessel in a
security zone shall obey any direction or
order of the Captain of the Port;
(c) Definitions in this section—(1)
Captain of the Port means the
Commander, Coast Guard Sector
Delaware Bay, or any Coast Guard
commissioned, warrant or petty officer
who has been authorized by the Captain
of the Port to act on his behalf.
(2) Designated representative means
any Coast Guard commissioned, warrant
or petty officer who has been authorized
by the Captain of the Port, Delaware Bay
to assist in enforcing the security zone
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described in paragraph (a) of this
section.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted by Federal,
State, and local agencies in the patrol
and enforcement of the zone.
Dated: September 8, 2015.
B.A. Cooper,
Captain, U. S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2015–23631 Filed 9–18–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
56929
8. Updates a hyperlink in DFARS
clause 252.204–7012 and makes minor
editorial revisions; and
9. Corrects a cross reference in DFARS
clause 252.239–7009.
List of Subjects in 48 CFR 204, 212, 213,
215, 216, 217, 219, 225, 239, and 252
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 204, 212, 213,
215, 216, 217, 219, 225, 239, and 252 are
amended as follows:
■ 1. The authority citation for 48 CFR
parts 204, 212, 213, 215, 216, 217, 219,
225, 239, and 252 continues to read as
follows:
48 CFR Parts 204, 212, 213, 215, 216,
217, 219, 225, 239, and 252
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
PART 204—ADMINISTRATIVE
MATTERS
AGENCY:
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
■
DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to provide needed editorial
changes.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
SUMMARY:
Effective September 21, 2015.
Ms.
Jennifer L. Hawes, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), Room
3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6115; facsimile
571–372–6094.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS as follows—
1. Removes the phrase ‘‘and
contracts’’ in two places in the
prescription at DFARS 204.7304(a);
2. Revises cross references cited in
DFARS 212.301, 217.770, and
225.370(d);
3. Revises the heading for DFARS
subpart 213.5 to align with the Federal
Acquisition Regulation (FAR) subpart
13.5 heading;
4. Updates a hyperlink at DFARS
215.404–71–3(b)(7);
5. Updates an address at DFARS
216.504(c)(1)(ii)(D)(ii);
6. Directs contracting officers to
additional DFARS Procedures,
Guidance, and Information (PGI) by
adding a reference at DFARS 219.201;
7. Updates a reference to a DoD
Directive at DFARS 239.7102–1;
DATES:
FOR FURTHER INFORMATION CONTACT:
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204.7304
[Amended]
2. Amend section 204.7304, paragraph
(a), by removing, in two places, the
phrase ‘‘solicitations and contracts’’ and
adding ‘‘solicitations’’ in both places.
212.301
[Amended]
3. Amend section 212.301 by—
a. In paragraph (f)(ii)(A), removing
‘‘204.7304(b)’’ and adding ‘‘204.7304(a)’’
in its place;
■ b. In paragraph (f)(ii)(B), removing
‘‘204.7304(c)’’ and adding ‘‘204.7304(b)’’
in its place;
■ c. In paragraph (f)(ii)(D), removing
‘‘204.7304(a)’’ and adding ‘‘204.7304(c)’’
in its place; and
■ d. In paragraph (f)(x)(BB), removing
‘‘10 U.S.C. 2327(b)’’ and adding ‘‘10
U.S.C. 2279’’ in its place.
■
■
PART 213—SIMPLIFIED ACQUISITION
PROCEDURES
4. Revise the subpart 213.5 heading to
read as follows:
■
Subpart 213.5—Simplified Procedures
for Certain Commercial Items
PART 215—CONTRACTING BY
NEGOTIATION
215.404–71–3
[Amended]
5. Amend section 215.404–71–3,
paragraph (b)(7), by removing the
hyperlink ‘‘(see https://
www.treasurydirect.gov/govt/rates/tcir/
tcir_index_opdirsemi.htm)’’ and adding
‘‘(see https://www.fiscal.treasury.gov/
fsservices/gov/pmt/promptPayment/
rates.htm)’’ in its place.
■
E:\FR\FM\21SER1.SGM
21SER1
]]>Agencies
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Pages 56926-56929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23631]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0732]
RIN 1625-AA87
Security Zone, Delaware River; Philadelphia, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing security zones in the waters
of the Delaware River and Schuylkill River in Philadelphia, PA. These
zones are intended to restrict vessels from portions of the Delaware
River and Schuylkill River during the 2015 Papal visit on September 26,
2015, and September 27, 2015. During the enforcement period, no
unauthorized vessels or people will be permitted to enter or move
within the security zones without permission from the Captain of the
Port or his designated representative. This security zone is necessary
to provide security for Pope Francis.
DATES: This rule will be effective and enforced from 6:00 a.m. on
September 25, 2015, to 12:00 p.m. on September 28, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0732]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector
Delaware Bay, Chief Waterways Management Division, Coast Guard;
telephone (215) 271-4851,
[[Page 56927]]
email Brennan.P.Dougherty@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
COTP Captain of the Port
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the final details for Pope Francis'
arrival and departure were not known until August 4, 2015. This late
notification precludes the Coast Guard from publishing a NPRM while
meeting the security zone's objectives of protecting Pope Francis and
accompanying high-ranking government officials, and protect against
sabotage or terrorist attacks to human life, vessels, mariners, and
waterfront facilities at or near this event.
For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this temporary rule effective
less than 30 days after publication in the Federal Register.
B. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5;
and Department of Homeland Security Delegation No. 0170.1., which
collectively authorize the Coast Guard to establish security zones.
These temporary security zones are necessary to provide for the
security of Pope Francis and accompanying high-ranking government
officials, and protect against sabotage or terrorist attacks to human
life, vessels, mariners, and waterfront facilities at or near this
event.
C. Discussion of the Final Rule
On September 26, 2015, Pope Francis and accompanying high-ranking
government officials will be arriving in Philadelphia, PA. The Coast
Guard is establishing several security zones in portions of the
Delaware River and Schuylkill River in Philadelphia, PA.
The first security zone will be enforced from September 26, 2015,
at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes all
the waters of the Delaware River from the New Jersey shore line, to the
Pennsylvania shore line, beginning at the east end of Little Tinicum
Island extending in a Northeasterly direction and ending at the mouth
of the Schuylkill River;
The second security zone will be enforced from September 25, 2015,
at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes all
the waters of the Schuylkill River inside a boundary described as
originating from the South 34th street Bridge north and ending at the
West Girard Avenue Bridge.
The third security zone will be enforced from September 25, 2015,
at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes all
the waters of the Schuylkill River inside a boundary described as
originating from the mouth of the Schuylkill River and ending 500 yards
north of the George C. Platt Memorial Bridge.
The fourth security zone will be enforced from September 26, 2015,
at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes all
waters of the Delaware River adjacent to the Ben Franklin Bridge
bounded in the East by the New Jersey shoreline, bounded in the West by
the Pennsylvania shoreline, bounded in the South by Latitude
39[deg]56'31'' N., and bounded in the North by Latitude 39[deg]57'23''
N.
The fifth security zone will be enforced on September 27, 2015,
from 9:00 a.m. until 2:00 p.m. and includes all water of the Delaware
River adjacent to Curran-Fromhold Correctional Facility, in North-East
Philadelphia, PA, bounded from shoreline to shoreline, bounded on the
south by a line running east to west from points along the shoreline at
latitude 40[deg]00'54'' N., longitude 075[deg]01'00'' W.; thence to
latitude 40[deg]01'15'' N., longitude 075[deg]01'19'' W., and bounded
on the North by a line running east to west from points along the
shoreline at latitude 40[deg]01'58'' N., longitude 074[deg]59'24'' W.;
thence to latitude 40[deg]02'15'' N., longitude 074[deg]59'55'' W.
Access to these security zones will be restricted during the
specified date and time period. Only vessels or people specifically
authorized by the Captain of the Port, Delaware Bay or his designated
representative may enter or remain in the regulated area.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
Although this regulation will restrict access to the security
zones, the effect of this rule will not be significant because: this
rule will only be enforced for a limited duration; vessels may be
granted permission to transit through the zone on a case-by-case basis;
and the Coast Guard will make notifications via maritime advisories so
mariners can adjust their plans accordingly.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. These security zones will not have a significant economic
impact on a substantial number of small entities for the reasons stated
under paragraph D.1., Regulatory Planning and Review.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions
[[Page 56928]]
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a security zone
and is categorically excluded from further review under paragraph 34(g)
of Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are not required.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T05-0732 to read as follows:
Sec. 165.T05-0732 Security Zone, Delaware River; Philadelphia, PA.
(a) Locations and enforcement periods. The Coast Guard is
establishing security zones in portions of the Delaware River and
Schuylkill River in Philadelphia, PA.
(1) The first security zone will be enforced from September 26,
2015, at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes
all the waters of the Delaware River from the New Jersey shore line, to
the Pennsylvania shore line, beginning at the east end of Little
Tinicum Island extending in a Northeasterly direction and ending at the
mouth of the Schuylkill River;
(2) The second security zone will be enforced from September 25,
2015, at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes
all the waters of the Schuylkill River inside a boundary described as
originating from the South 34th street Bridge north and ending at the
West Girard Avenue Bridge.
(3) The third security zone will be enforced from September 25,
2015, at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes
all the waters of the Schuylkill River inside a boundary described as
originating from the mouth of the Schuylkill River and ending 500 yards
north of the George C. Platt Memorial Bridge.
(4) The fourth security zone will be enforced from September 26,
2015, at 6:00 a.m. until September 28, 2015, at 12:00 p.m. and includes
all waters of the Delaware River adjacent to the Ben Franklin Bridge
bounded in the East by the New Jersey shoreline, bounded in the West by
the Pennsylvania shoreline,
[[Page 56929]]
bounded in the South by Latitude 39[deg]56'31'' N., and bounded in the
North by Latitude 39[deg]57'23'' N.
(5) The fifth security zone will be enforced on September 27, 2015,
from 9:00 a.m. until 2:00 p.m. and includes all water of the Delaware
River adjacent to Curran-Fromhold Correctional Facility, in North-East
Philadelphia, PA, bounded from shoreline to shoreline, bounded on the
south by a line running east to west from points along the shoreline at
latitude 40[deg]00'54'' N., longitude 075[deg]01'00'' W.; thence to
latitude 40[deg]01'15'' N., longitude 075[deg]01'19'' W., and bounded
on the North by a line running east to west from points along the
shoreline at latitude 40[deg]01'58'' N., longitude 074[deg]59'24'' W.;
thence to latitude 40[deg]02'15'' N., longitude 074[deg]59'55'' W.
(b) Regulations. The general security zone regulations found in 33
CFR part 165 subpart C apply to the security zones created by this
section.
(1) All persons and vessels are prohibited from entering these
security zones, except as authorized by the Coast Guard Captain of the
Port or his designated representative.
(2) To seek permission to transit any of these security zones, the
Captain of the Port or his designated representative can be contacted
via Sector Delaware Bay Command Center (215) 271-4940 or on VHF-FM
marine band radio channel 16 (156.8 MHz).
(3) Vessels granted permission to transit through the security
zones must do so in accordance with the directions provided by the
Captain of the Port or his designated representative to the vessel.
(4) This section applies to all vessels wishing to transit through
the security zones except vessels that are engaged in the following
operations:
(i) Enforcing laws;
(ii) Servicing aids to navigation; or
(iii) Emergency response vessels.
(5) No person or vessel may enter or remain in a security zone
without the permission of the Captain of the Port;
(6) Each person and vessel in a security zone shall obey any
direction or order of the Captain of the Port;
(c) Definitions in this section--(1) Captain of the Port means the
Commander, Coast Guard Sector Delaware Bay, or any Coast Guard
commissioned, warrant or petty officer who has been authorized by the
Captain of the Port to act on his behalf.
(2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Delaware Bay to assist in enforcing the security zone described
in paragraph (a) of this section.
(d) Enforcement officials. The U.S. Coast Guard may be assisted by
Federal, State, and local agencies in the patrol and enforcement of the
zone.
Dated: September 8, 2015.
B.A. Cooper,
Captain, U. S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2015-23631 Filed 9-18-15; 8:45 am]
BILLING CODE 9110-04-P
