[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Proposed Rules]
[Pages 17565-17567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06637]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0131]
RIN 1625-AA87


Security Zone; Christina River, Newport, DE

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a security zone for 
the protection of Very Important Persons (VIPs) 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 of a protected VIP transit over the bridge and will 
restrict vessel traffic while the zone is being enforced. This proposed 
rulemaking would prohibit persons and vessels from entering or 
remaining within the security zone unless authorized by the Captain of 
the Port Delaware Bay or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 5, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0131 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Jennifer Padilla, 
Sector Delaware Bay, Waterways Management Division, U.S. Coast Guard; 
telephone 215-271-4814, [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
VIPs Very Important Persons

II. Background, Purpose, and Legal Basis

    These VIP visits require the implementation of heightened security 
measures for protection of VIPs who may travel on the route 141 bridge 
over the Christina River in Newport, Delaware. Due to the roadway 
passing over the Christina River, this security zone is necessary to 
protect VIPs, the public, and the surrounding waterway. To date in the 
year 2021 there have been 4 requests for security zones at this 
location. As a result, the Coast Guard had to issue numerous temporary 
security zones. Continued requests for this security zone are expected 
through 2024.
    The purpose of this proposed rulemaking is to protect the VIPs and 
the public from destruction, loss, or injury from sabotage, subversive 
acts, or other malicious or potential terrorist acts. The Coast Guard 
is proposing this rulemaking under authority in 46 U.S.C. 70034 
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The Captain of the Port Delaware Bay (COTP) is proposing to 
establish a security zone for the protection of Very Important Persons 
(VIPs) as they transit by vehicle on the route 141 bridge over the 
Christina River near Newport, Delaware. This rule is necessary to 
expedite the establishment and enforcement of this security zone when 
short notice is provided to the COTP for VIPs traveling over the route 
141 bridge. 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 proceeding 
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. No vessel or person would be 
permitted to enter the security zone without obtaining permission from 
the COTP or a designated representative. The regulatory text we are 
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under

[[Page 17566]]

Executive Order 12866. Accordingly, the NPRM has not been reviewed by 
the Office of Management and Budget (OMB).
    This regulatory action determination is based on the duration of 
the security zone would not significantly impact vessel traffic due to 
the limited amount of time it takes for the VIPs to transit over the 
route 141 bridge. Vessel traffic on this portion of the Christina River 
is typically limited to recreational traffic. When the security zone is 
enforced, the COTP will issue a broadcast via VHF-FM channel 16 
allowing vessel traffic time to transit outside of enforcement times.

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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves a security 
zone for the protection of Very Important Persons (VIPs) as they 
transit by vehicle on the route 141 bridge over the Christina River 
near Newport, Delaware. Normally such actions are 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 preliminary 
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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that

[[Page 17567]]

website's instructions. We review all comments received, but we will 
only post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive. If you go to the online docket and sign up for email 
alerts, you will be notified when comments are posted or a final rule 
is published.

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 is 
proposing to amend 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.  165.560 to read as follows:


Sec.  165.560  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 a Coast Guard Patrol Commander, 
including a Coast Guard coxswain, petty officer, or other officer 
operating a Coast Guard vessel and a Federal, State, and local officer 
designated by or assisting the Captain of the Port Delaware Bay (COTP) 
in the enforcement of the security zone.
    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.  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 seek permission to enter, contact the 
COTP or the COTP's representative on VHF-FM channel 13 or 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. 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 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: March 24, 2021.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2021-06637 Filed 4-2-21; 8:45 am]
BILLING CODE 9110-04-P