Security Zone, Delaware River, Schuylkill River; Philadelphia, PA, 48331-48333 [2016-17440]

Download as PDF Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations (b) Enforcement period. This rule will be enforced from 12:00 a.m. on July 1, 2016 to 12:00 a.m. January 1, 2017. (c) Definitions. The following definitions apply to this section: A ‘‘designated representative’’ is any commissioned, warrant, or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP), Sector Long Island Sound, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF–FM radio or loudhailer. ‘‘Official patrol vessels’’ may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP Sector Long Island Sound. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (d) Regulations. (1) The general regulations contained in § 165.23 apply. (2) In accordance with the general regulations in § 165.23, entry into or movement within this zone is prohibited unless authorized by the COTP, Long Island Sound. (3) Operators desiring to enter or operate within the safety zone should contact the COTP Sector Long Island Sound at 203–468–4401 (Sector Sector Long Island Sound Command Center) or the designated representative via VHF channel 16 to obtain permission to do so. (4) Any vessel given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP Sector Long Island Sound, or the designated on-scene representative. (5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Dated: June 28, 2016. E. J. Cubanski, III, Captain, U. S. Coast Guard, Captain of the Port Sector Long Island Sound. [FR Doc. 2016–17543 Filed 7–22–16; 8:45 am] asabaliauskas on DSK3SPTVN1PROD with RULES BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2016–0363] RIN 1625–AA87 Security Zone, Delaware River, Schuylkill River; Philadelphia, PA Coast Guard, DHS. Temporary Final Rule. AGENCY: ACTION: The Coast Guard is establishing temporary security zones in the waters of the Delaware River, Schuylkill River, and Darby Creek, in Philadelphia, PA. These temporary zones are intended to restrict vessels from portions of the Delaware River, Schuylkill River, and Darby Creek during the Democratic National Convention from July 25, 2016, to July 29, 2016. During the enforcement period, no unauthorized vessels or people will be permitted to enter or move within the security zone without permission from the Captain of the Port or his designated representative. This security zone is necessary to provide security for the Democratic National Convention. SUMMARY: This rule is effective from 11:00 a.m. on July 25, 2016, to 1:00 a.m. on July 29, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0363 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Tom Simkins, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast Guard; telephone (215)271–4851, email Tom.J.Simkins@uscg.mil. SUPPLEMENTARY INFORMATION: DATES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code COTP Captain of the Port II. Background Information and Regulatory History The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment VerDate Sep<11>2014 17:30 Jul 22, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 48331 pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the final details for the Democratic National Convention were not known until July 12, 2016. Delaying the effective date by first publishing an NPRM and holding a comment period would be contrary to the rule’s objectives of ensuring safety of life on the navigable waters and protection of the Democratic Nation Convention and the accompanying highranking government officials. For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port, Delaware Bay has determined that these temporary security zones are necessary to provide for the security of the Democratic Nation Convention and the accompanying high-ranking government officials, and to protect against sabotage or terrorist attacks to human life, vessels, mariners, and waterfront facilities at or near this event. IV. Discussion of the Rule The Democratic National Convention will take place in Philadelphia, PA from July 25, 2016 until July 29, 2016. During this event many high-ranking government officials will be arriving in Philadelphia, PA. The Coast Guard is establishing several security zones in portions of the Delaware River, Schuylkill River, and Darby Creek in Philadelphia, PA. The first security zone includes all the waters of the Delaware River from the New Jersey shore line, to the Pennsylvania shore line, beginning at the west end of Little Tinicum Island extending in a Northeasterly direction and ending at the mouth of the Schuylkill River; The second security zone includes all the waters of the Schuylkill River inside a boundary described as 500 yards south of the I–95 Bridge and ending 500 yards north of the George C. Platt Memorial Bridge. E:\FR\FM\25JYR1.SGM 25JYR1 48332 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations The third security zone includes all waters of Darby Creek inside a boundary described as originating from 500 yards south of the Conrail Railroad Bridge and ending 100 yards north of the I–95 Bridge. Access to this security zone will be restricted while the zone is being enforced. Only vessels or people specifically authorized by the Captain of the Port, Delaware Bay, or his designated representative may enter or remain in the regulated area. These security zones will be enforced with actual notice by the United States Coast Guard representatives on scene, as well as other methods listed in 33 CFR 165.7. V. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders (Executive Orders) related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protestors. asabaliauskas on DSK3SPTVN1PROD with RULES A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-year of the security zone. Vessel traffic will be able to safely transit around this security zone which will impact a small designated area of the Delaware River, Schuylkill River, and Darby Creek in Philadelphia, PA for less than 12 hours. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF–FM marine channel 16 identifying the security zone locations and describing the process in which vessels can request permission to transit the security zones. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations VerDate Sep<11>2014 17:30 Jul 22, 2016 Jkt 238001 that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000 The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the security zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969(42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves three security zones which will be enforced for less than 12 hours at any one time and includes all the waters of the Delaware River from the New Jersey shore line, to the Pennsylvania shore line, beginning at the west end of Little Tinicum Island extending in a Northeasterly direction and ending at the mouth of the Schuylkill River; all the waters of the Schuylkill River inside a boundary described as 500 yards south of the I–95 bridge and ending 500 yards north of the George C. Platt Memorial Bridge; and all waters of Darby Creek inside a boundary described as 500 yards south of the Darby Creek Railroad Bridge and ending 100 yards north of the I–95 Bridge. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the E:\FR\FM\25JYR1.SGM 25JYR1 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: as a Federal, State, and local officer designated by or assisting the Captain of the Port, Delaware Bay in the enforcement of the security zone. (c) Regulations. (1) Under the general security zone regulations in subpart D of this part, no person or vessel may enter the security zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative on VHF–FM channel 16. Those in the security zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement period: This rule is effective from 11:00 a.m. on July 25, 2016, to 1:00 a.m. on July 29, 2016. Dated: July 19, 2016. Benjamin A. Cooper, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. [FR Doc. 2016–17440 Filed 7–22–16; 8:45 am] BILLING CODE 9110–04–P ■ 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.T05–0363 to read as follows: ■ asabaliauskas on DSK3SPTVN1PROD with RULES (a) Location. The following areas are security zones: (1) The first security zone includes all the waters of the Delaware River from the New Jersey shore line, to the Pennsylvania shore line, beginning at the est end of Little Tinicum Island extending in a Northeasterly direction and ending at the mouth of the Schuylkill River; (2) The second security zone includes all the waters of the Schuylkill River inside a boundary described as 500 yards south of the I–95 Bridge and ending 500 yards north of the George C. Platt Memorial Bridge. (3) The third security zone includes all waters of Darby Creek inside a boundary described as originating 500 yards south of the Conrail Railroad Bridge and ending 100 yards north of the I–95 Bridge. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel; as well 17:30 Jul 22, 2016 Jkt 238001 Coast Guard 33 CFR Part 165 [Docket Number USCG–2016–0678] § 165.T05–0363 Security Zone; Delaware River, and Schuylkill River; Philadelphia, PA. VerDate Sep<11>2014 DEPARTMENT OF HOMELAND SECURITY RIN 1625–AA00 Safety Zone; Illinois River Mile 69.3 to 69.8; Meredosia, IL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for certain waters of the Illinois River from mile 69.3 to mile 69.8. This safety zone is needed to protect persons, property and infrastructure from potential damage and safety hazards associated with work being performed on new power lines across the river. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Upper Mississippi River (COTP). Deviation from the safety zone may be requested and will be considered on a case-by-case basis as specifically authorized by the COTP or a designated representative. DATES: This rule is effective from July 25, 2016 through August 16, 2016. This rule will be enforced from 7 a.m. until 7 p.m. daily beginning on July 25, 2016 through August 16, 2016. SUMMARY: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 48333 To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0678 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone 314–269–2332, email Sean.M.Peterson@ uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary 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 finds good cause 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 NPRM with respect to this rule because Ameren, the company performing the power line operations, notified the Coast Guard on July 8, 2016 of the dates for these operations, requiring helicopters to stretch power lines across the river. This notice did not allow for the full NPRM process to be completed. Due to the risks associated with power line work crossing the navigational channel, a safety zone is needed to protect persons and property on the waterway. It would be impracticable to publish a NPRM because the safety zone must be established beginning July 25, 2016. Broadcast Notice to Mariners and information sharing with waterway users will update mariners of the safety zone and enforcement times during the operations. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Providing 30 days notice would be impracticable because immediate action is needed to protect persons and E:\FR\FM\25JYR1.SGM 25JYR1

Agencies

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


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final Rule.

-----------------------------------------------------------------------

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

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

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

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

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

III. Legal Authority and Need for Rule

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

IV. Discussion of the Rule

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

[[Page 48332]]

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

V. Regulatory Analyses

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

A. Regulatory Planning and Review

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

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

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

[[Page 48333]]

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

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


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


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

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

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