[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Rules and Regulations]
[Pages 22868-22870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08853]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0285]
RIN 1625-AA87


Security Zone, Christina River, Newport, DE

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a security zone for the 
protection of persons under the protection of the United States Secret 
Service (USSS) as they transit by vehicle on the route 141 bridge over 
the Christina River near Newport, Delaware. The security zone will be 
enforced intermittently and only during times necessary to protect 
persons under the protection of the USSS as they transit over the 
bridge 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 without actual notice from April 30, 2021 
through May 17, 2021. For the purposes of enforcement, actual notice 
will be used from 2 p.m. on April 23, 2021 until April 30, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0285 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 Edmund Ofalt, Sector Delaware Bay, 
Waterways Management Division, U.S. Coast Guard; telephone 215-271-
4814, email Edmund.J.Ofalt@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

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 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 Coast Guard was not notified by 
the United States Secret Service of the visit with sufficient time to 
publish a NPRM prior to the arrival of persons under the protection of 
the USSS. Delay in promulgating this rule would be impracticable 
because a security zone is required to be in place by April 23, 2021, 
to protect these persons under the protection of the USSS in the 
vicinity of

[[Page 22869]]

this waterway. The presence of these persons creates unique safety and 
security concerns.
    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 for the same reasons 
discussed above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Delaware Bay 
(COTP) has determined that persons under the protection of the USSS 
transits starting April 23, 2021 present a potential target for 
terrorist acts, sabatoge, or other subversive acts, accidents, or other 
causes of a similar nature. Due to the roadway passing over the 
Christina River, this security zone is necessary to protect these 
persons, the public, and the surrounding waterway.

IV. Discussion of the Rule

    This rule establishes a temporary security zone from 2 p.m. on 
April 23, 2021, through 11:59 p.m. on May 17, 2021, on certain waters 
of the Christina River near Newport, Delaware. The security zone is 
bounded on the east by a line drawn from 39[deg]42.55' North Latitude 
(N), 075[deg]35.88' West Longitude (W), thence southerly to 
39[deg]42.50' N, 075[deg]35.87' W proceding from shoreline to shoreline 
on the Christina River in a westerly direction where it is bounded by 
the South James Street Bridge at 39[deg]42.63' N, 075[deg]36.53' W.
    This zone will be enforced intermittently during the effective 
dates. Enforcement of this zone will be broadcast via Broadcast Notice 
to Mariners on VHF-FM marine channel 16, as well as actual notice via 
on scene Coast Guard Personnel.
    No vessel or person will be permitted to enter or remain within 
this zone without permission from the COTP or a designated 
representative.

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. 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).
    This regulatory action determination is based on the location, 
duration and time of year of the security zone. Vessel traffic on this 
portion of the Christina River is typically limited to recreational 
traffic. The zone will be enforced intermittently and broadcast via 
VHF-FM channel 16 allowing vessel traffic time to trainsit outside of 
enforcement times. The time of year of this security zone has limited 
recreational traffic due to weather and the potential presence of ice.

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 
call or email 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.

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 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), 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 which will be

[[Page 22870]]

intermittently enforced over the course of approximately 24 days. It is 
categorically excluded from further review under paragraph L[60a] of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 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.T05-0285 to read as follows:


Sec.  165.T05-0285  Security Zone; Christina River, Newport, DE.

    (a) Location. The following area is a security zone: All waters of 
the Christina River, from shoreline to shoreline bounded on the east by 
a line drawn from 39[deg]42.55' North Latitude (N), 075[deg]35.88' West 
Longitude (W), thence southerly to 39[deg]42.50' N, 075[deg]35.87' W 
thence along the Christina River in a westerly direction and bounded by 
the South James Street Bridge at 39[deg]42.63' N, 075[deg]36.53' W. 
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 Captain of the 
Port Delaware Bay (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 the regulations in this section.
    Official patrol vessel means any Coast Guard, Coast Guard 
Auxiliary, State, or local law enforcement vessel assigned or approved 
by the COTP.
    USSS protectee means any person for whom the United States Secret 
Service (USSS) 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.  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. (1) This security zone is effective without actual 
notice from April 30, 2021 through May 17, 2021. For the purposes of 
enforcement, actual notice will be used from 2 p.m. on April 23, 2021 
until April 30, 2021.
    (2) 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 
persons under the protection of the USSS traveling across the route 141 
bridge in Newport, Delaware. The U.S. Coast Guard may be additionally 
assisted in the patrol and enforcement of the zone by Federal, State, 
and local agencies.

    Dated: April 23, 2021.
Leon McClain, Jr.,
Captain, U.S. Coast Guard, Acting Captain of the Port, Delaware Bay.
[FR Doc. 2021-08853 Filed 4-29-21; 8:45 am]
BILLING CODE 9110-04-P


