[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6961-6964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03217]



[[Page 6961]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a permanent security zone 
within portions of the Delaware River, and Schuylkill River, for the 
protection of Very Important Persons (VIP) who arrive or depart from 
Philadelphia International Airport, Philadelphia, PA. This permanent 
rule will allow for the expedited enforcement of the security zone when 
short notice is received by the Coast Guard regarding such travel 
arrangements. The security zone will be enforced only during times of a 
protected VIP transit to or from the airport and will restrict vessel 
traffic while the zone is being enforced. Only vessels or people 
specifically authorized by the Captain of the Port, Delaware Bay, or 
designated representative, may enter or remain in the regulated area.

DATES: This rule is effective March 19, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0079 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 about this 
rulemaking, call or email Petty Officer Amanda Boone, U.S. Coast Guard, 
Sector Delaware Bay, Waterways Management Division, Coast Guard; 
telephone (215) 271-4814, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    On occasion, protected VIPs will arrive or depart Philadelphia 
International Airport, Philadelphia, PA, which is located within the 
Coast Guard Sector Delaware Bay Captain of the Port (COTP) zone. These 
visits require the implementation of heightened security measures for 
protection of VIPs who may travel over or on portions of the Delaware 
River or Schuylkill River on their route to or from the airport. The 
purpose of this rulemaking is to protect the VIP and the public from 
destruction, loss, or injury from sabotage, subversive acts, or other 
malicious or potential terrorist acts. This rule will allow expedited 
enforcement of the security zone for protected VIPs traveling to or 
from Philadelphia International Airport when short notice is provided 
to the COTP.
    On May 15, 2017, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Security Zone; Delaware River, Schuylkill 
River, Philadelphia, PA'' (82 FR 22301). There we stated why we issued 
the NPRM, and invited comments on our proposed regulatory action 
related to this proposed permanent security zone. During the comment 
period that ended June 14, 2017, we received one comment.

III. Legal Authority and Need for Rule

    The Coast Guard is establishing this rulemaking under authority in 
33 U.S.C. 1231. The purpose of this rulemaking is to protect VIPs and 
the public from destruction, loss, or injury from sabotage, subversive 
acts, or other malicious or potential terrorist acts.

IV. Discussion of Comments, Changes, and the Rule

A. Discussion of Comments

    As noted above, we received one comment on our NPRM published May 
15, 2017. The comment had seven questions regarding establishment of 
the permanent security zone.
    1. Necessity of zone. The commenter asked about the relevance of 
the security zone and requested that the Coast Guard provide assurance 
that the implementation of the security zone is necessary.
    Response: The Coast Guard has historically implemented security 
zones of this general size in this general location when notified by 
the U.S. Secret Service that a protected VIP will be transiting to or 
from the Philadelphia International Airport. Often, there has been 
little advanced notice to the Coast Guard associated with these 
requests. The security zone itself is a necessary tool to protect 
traveling VIPs and the public from destruction, loss, or injury from 
sabotage, subversive acts, or other malicious or potential terrorist 
acts. No specific threats have been identified; however, the airport's 
proximity to the Delaware River and Schuylkill River expose it to some 
waterborne risks. Although permanent, the security zone will only be 
enforced during times a VIP is arriving or departing from the 
Philadelphia International Airport. The security zone can only be used 
for this specific purpose. Any further restrictions or events that may 
require a security zone, not related to the movement of VIPs to or from 
the airport, will be conducted through separate rulemaking action.
    In the past, similar temporary security zones in this general area 
have been established in order to provide protection for traveling 
VIPs. The creation of security zones in this manner, by necessity, has 
limited opportunity to the public for advanced notification of 
establishment and enforcement procedures and intentions. While this 
rule does not provide the exact times and dates that the security zone 
will be enforced, the resulting public awareness better serves the 
maritime community and industry operating on this portion of the 
Delaware River by establishing a pre-determined location and guidelines 
in the event of activation. The establishment of this permanent 
security zone provides the best opportunity for public awareness and 
notification. This regulatory text has been amended to include this 
limitation.
    2. Advance notification of enforcement. The commenter asked how 
much advanced notice the Coast Guard anticipates giving the maritime 
community prior to enforcing the security zone.
    Response: The Coast Guard will enforce this security zone for the 
protection of VIPs. The details of a protected VIP's movements are of 
national security significance and therefore cannot be publicized in 
advance. The Coast Guard will give as much on-scene notice as possible 
to allow the maritime community to make changes to their schedules. 
Advance on-scene notice under this permanent security zone will be 
consistent with past temporary security zones for VIP travel. On-scene 
notification will be made to the local maritime community by issuance 
of Local Notice to Mariners, Broadcast Notice to Mariners, Marine 
Safety Information Bulletin (MSIB) as well as actual notice. 
Additionally, law enforcement vessels enforcing the security zone will 
be operating with rotating blue lights which will indicate activation 
of the security zone; the blue

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lights will be turned off to notify public of deactivation of the 
security zone. We have amended the regulatory text for additional 
clarity in regards to how notification will be provided.
    3. Average time of enforcement. The commenter asked about the 
average length of enforcement.
    Response: In the past, similar temporary security zones in this 
area have been established in order to provide protection for traveling 
VIPs. These previously established security zones have historically 
lasted anywhere from 15 minutes to 2 hours from start to finish. 
Although we cannot predict the length of the enforcement of the 
permanent security zones during each activation, we expect that length 
of time for enforcement of the security zone will stay within the 15 
minute to 2 hours time frame.
    4. Notification of enforcement period. The commenter requested that 
the Coast Guard's notification to the public of the security zone 
include the duration of the enforcement and that Coast Guard issue 
separate communication to the public when the enforcement period is 
over.
    Response: The Coast Guard Sector Delaware Bay Command Center will 
provide a notice of the enforcement of the security zone via marine 
broadcast. On scene, the Patrol Commander will notify the maritime 
community of the time periods for the enforcement of the security zone 
via marine broadcast and other means as needed per 33 CFR 165.7.
    5. Access while the zone is in effect. The commenter asked the 
Coast Guard to indicate those critical criteria that would preclude a 
vessel from remaining in or transiting through the zone while the zone 
is being enforced and to outline the process for gaining approval to 
remain in or transit through the security zone.
    Response: The Coast Guard will assess a vessel wishing to remain in 
or transit through the security zone on a case by case basis. Vessel 
details, such as location, size, cargo, and transit history, will be 
evaluated to determine who may or may not remain in or transit through 
the security zone. The Coast Guard will evaluate this information 
internally and give direction to the Patrol Commander enforcing the 
security zone. Vessels wishing to transit or remain in the zone must 
contact and request permission from the Patrol Commander via VHF-FM 
channel 13 or 16.
    6. Ships/barges at the berth or anchorage for cargo and/or 
bunkering operations. The commenter asked that the Coast Guard continue 
to allow vessels anchored or at berth to continue to conduct cargo and 
bunkering operations while the Coast Guard is enforcing the security 
zone. Historically, cargo and bunkering operations have been allowed 
during the implementation and enforcement of this temporary security 
zone.
    Response: The Coast Guard does not anticipate requiring ships or 
barges at berths or anchorages within the security zone to stop cargo 
or bunkering operations during the enforcement of the security zone 
unless the transfer operations pose a hazard during the enforcement 
period.
    7. Maritime Transportation System Recovery Unit (MTSRU). The 
commenter asked the Coast Guard to stand up the Maritime Transportation 
System Recovery Unit (MTSRU) to mitigate any issues and have a 
standardized location for communication.
    Response: The Coast Guard does not intend to stand up the MTSRU 
when enforcing the security zone because historically enforcement 
periods have been so short that MTSRU is not required. If an event 
significantly disrupts traffic, the Coast Guard will establish a MTSRU. 
Otherwise, Sector Delaware Bay's Command Center, manned 24 hours, is 
the point of contact for any issues regarding vessel intentions and 
traffic management issues, and can address emergent traffic or 
operations issues.

B. Changes From the NPRM

    We made four changes in the regulatory text of this rule from the 
proposed rule in the NPRM. First, we noted that the coordinates listed 
in paragraph (a), Location, use North American Datum 83. Second, we 
made stylistic changes to the format of the contents of paragraph (b), 
Definitions. Third, within paragraph (b), Definitions, we defined the 
meanings and intent of the term Very Important Person (VIP). Fourth, we 
have amended paragraph (d), Enforcement, to specifically state that the 
security zone can only be used in relation to the movement of VIPs to 
or from the Philadelphia International Airport.

C. The Rule

    This rule establishes a permanent security zone on all waters of 
the Delaware River in the vicinity of Philadelphia International 
airport, within an area bound to the west by a line drawn from the New 
Jersey shoreline at Thompson Point, latitude 39[deg]50'37'' N, 
longitude 75[deg]18'23'' W, thence northwest to the Pennsylvania 
shoreline at latitude 39[deg]51'45'' N, longitude 75[deg]18'46'' W; 
thence up river and bound shoreline to shoreline; bound to the east by 
a line drawn from the New Jersey shoreline at latitude 39[deg]52'28'' 
N, longitude 75[deg]11'14'' W, and thence northwest to the Pennsylvania 
shoreline near the eastern side of mouth to the Schuylkill River at 
latitude 39[deg]53'05'' N, longitude 75[deg]11'34'' W; the security 
zone extends north into the waters of Schuylkill River, bound from 
shoreline to shoreline, including the waters of Schuylkill River 
adjacent to the Navy Yard Reserve Basin Bridge, and terminates along a 
line drawn from latitude 39[deg]54'04'' N, longitude 75[deg]12'56'' W, 
thence eastward across the Schuylkill River to latitude 39[deg]54'07'' 
N, longitude 75[deg]12'48'' W, located approximately 500 yards 
northwest and parallel with the George C. Platt Memorial--Penrose 
Avenue lift-bridge. This security zone will be enforced with actual 
notice by the U.S. Coast Guard representatives on scene, as well as 
other methods listed in 33 CFR 165.7.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action is based on the security zone's size, 
location, and duration. Although the security zone area covers a large 
portion of the navigable waterways, mariners may request permission 
from COTP Coast Guard Sector Delaware Bay or the designated 
representative to transit or remain in the security zone. Furthermore, 
the duration of the security zone would not significantly impact 
vessels because of the small amount of time it takes for protected VIP 
to transit to or from the airport. Advance notifications will be made 
to the local

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maritime community by issuance of Local Notice to Mariners, Broadcast 
Notice to Mariners, and MSIB so mariners can adjust their plans 
accordingly.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received one comment from the Small Business 
Administration on this rulemaking. 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 will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this 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.

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 a security zone generally lasting no more than 2 hours, 
which will restrict vessels from anchoring or transiting in portions of 
the Delaware River while protected VIPs arrive or depart from the 
Philadelphia International Airport. It is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

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.  165.558 to read as follows:


Sec.  165.558  Security Zone; Delaware River, and Schuylkill River, 
Philadelphia, PA.

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

[[Page 6964]]

parallel with the George C. Platt Memorial--Penrose Avenue lift-bridge. 
These coordinates are based on North American Datum 83 (NAD83).
    (b) Definitions. As used in this section--
    Designated representative means any Coast Guard commissioned, 
warrant or petty officer who has been designated by the COTP to act on 
his or her behalf. The designated representative may be on an official 
patrol vessel or may be on shore and will communicate with vessels via 
VHF-FM radio or loudhailer. In addition, members of the Coast Guard 
Auxiliary may be present to inform vessel operators of this regulation.
    Official patrol vessel means any Coast Guard, Coast Guard 
Auxiliary, State, or local law enforcement vessel assigned or approved 
by the COTP.
    Very important person (VIP) means any person for whom the United 
States Secret Service requests implementation of a security zone in 
order to supplement protection of said person(s).
    (c) Regulations. (1) In accordance with the general regulations 
contained in Sec.  [thinsp]165.33, entry into or movement within this 
zone is prohibited unless authorized by the COTP, Sector Delaware Bay, 
or designated representative.
    (2) Only vessels or people specifically authorized by the Captain 
of the Port, Delaware Bay, or designated representative, may enter or 
remain in the regulated area. To request permission to enter or remain 
in the regulated area contact the COTP or the COTP's representative on 
VHF-FM channel 13 or 16. Vessel operators and persons within the 
security zone must comply with all lawful orders or directions given to 
them by the COTP or the COTP's designated representative. No person may 
swim upon or below the surface of the water of this security zone 
unless authorized by the COTP or his designated representative.
    (3) Upon being hailed by an official patrol vessel or the 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed. Failure to 
comply with lawful direction may result in expulsion from the regulated 
area, citation for failure to comply, or both.
    (d) Enforcement. This security zone will be enforced with actual 
notice by the U.S. Coast Guard representatives on scene, as well as 
other methods listed in Sec.  165.7. The Coast Guard will enforce the 
security zone created by this section only when it is necessary for the 
protection of VIPs traveling to or from the Philadelphia International 
Airport. The U.S. Coast Guard may be additionally assisted in the 
patrol and enforcement of the zone by Federal, State, and local 
agencies.

    Dated: February 9, 2018.
Scott E. Anderson,
Captain, U. S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2018-03217 Filed 2-15-18; 8:45 am]
BILLING CODE 9110-04-P


