[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Proposed Rules]
[Pages 8472-8474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03132]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0040]
RIN 1625-AA87


Security Zone, Delaware River, Philadelphia, PA

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 
certain waters of the Delaware River. This action is necessary to 
provide protection of Very Important Persons (VIPs) while attending the 
Democratic National Caucus (DNC) on the Delaware River in the vicinity 
of Penns Landing located in Philadelphia, PA. This security zone will 
be enforced intermittently and only for the protection of VIPs when in 
the area and will restrict vessel traffic while the zones are being 
enforced. This proposed rulemaking would prohibit persons and vessels 
from being in 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 February 23, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0040 using the Federal Decision Making 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 on this rule, 
call or email Petty Officer Jennifer Padilla, Sector Delaware Bay, 
Waterways Management Division, U.S. Coast Guard; telephone 215-271-
4889, 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

II. Background, Purpose, and Legal Basis

    On January 12, 2022, the United States Capitol Police notified the 
Coast Guard that the Democratic National Caucus (DNC) is being held in 
the vicinity of Penns Landing located in Philadelphia, PA from 11 a.m. 
on March 9, 2022 through 11:59 p.m. on March 11, 2022. The DNC is being 
held adjacent to the Delaware River and this security zone is needed to 
provide protection and security of the VIPs attending the Democratic 
National Caucus in the vicinity of this waterway. The presence of these 
persons creates unique safety and security concerns. The Captain of the 
Port Delaware Bay (COTP) has determined that attendance of VIPs at the 
Democratic National Caucus March 9, 2022, through March 11, 2022, 
presents a potential target for terrorist acts, sabatoge, or other 
subversive acts, accidents, or other causes of a similar nature.
    The purpose of this rulemaking is to protect these persons, the 
public, and the surrounding waterway, because the Democratic National 
Caucus is being held at Penns landing which is a highly populated area, 
adjacent to the Delaware River. 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 COTP is proposing to establish a security zone from March 9, 
2022, through March 11, 2022, on certain waters of the Delaware River 
in Philadelphia, PA. Specifically, the security zone would cover all 
waters within the Delaware River contiguous to the Pennsylvania 
shoreline and extending out into the Delaware River approximately 250 
yards, within an area bounded by a line connecting the following 
points: Beginning at the Pennsylvania shoreline at latitude 
39[deg]56.87' N, longitude 075[deg]8.36' W, thence east to latitude 
39[deg]56.85' N, longitude 075[deg]8.20' W, thence south to latitude 
39[deg]56.45' N, longitude 075[deg]8.25' W, thence west to the 
Pennsylvania shoreline at latitude 39[deg]56.47' N, longitude 
075[deg]8.41' W, thence north following the shoreline to the 
originating point.
    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 transit these 
security zones without obtaining permission from the COTP or a 
designated representative and must proceed as directed by on scene 
enforcement vessels. Any vessel permitted to transit the zone will be 
required to continue through the zone without pause or delay as 
directed by on scene enforcement vessels.
    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

[[Page 8473]]

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 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, 
size, location and time of year of the zone. During this time of year, 
this Security Zone is primarily used by Commercial Traffic. That 
traffic will be permitted to transit through the zone without pause or 
delay upon receiving approval of on-scene enforcement vessels. This 
zone will only be enforced for limited durations when deemed necessary 
by the COTP to augment the protection of the VIPs attending the 
Democratic Natioanl Caucus.

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 
safety 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 proposed 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 proposed 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 potential effects of 
this proposed 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 which will be intermittently enforced over the course of 3 days. 
Normally such actions are categorically excluded from further review 
under paragraph L60(a) 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0040 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.

[[Page 8474]]

    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. 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.
    Personal information. 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 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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. 
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T05-0040 to read as follows:


Sec.  165.T05-0040  Security Zone, Delaware River, Philadelphia, PA.

    (a) Location. The following area is a security zone: All waters 
within the Delaware River, contiguous with the Pennsylvania shoreline 
and extending out into the Delaware River approximately 250 yards, 
within an area bounded by a line connecting the following points: 
Beginning at the Pennsylvania shoreline at latitude 39[deg]56.87' N, 
longitude 075[deg]8.36' W, thence east to latitude 39[deg]56.85' N, 
longitude 075[deg]8.20' W, thence south to latitude 39[deg]56.45' N, 
longitude 075[deg]8.25' W, thence west to the Pennsylvania shoreline at 
latitude 39[deg]56.47' N, longitude 075[deg]8.41' W, thence north 
following the shoreline to the originating point. 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.
    Very important person (VIP) means any person for whom the United 
States Capital Police request implementation of a security zone in 
order to supplement protection of said person(s).
    Official patrol vessel means any Coast Guard, Coast Guard 
Auxiliary, State, or local law enforcement vessel assigned or approved 
by the COTP.
    (c) Regulations. (1) In accordance with the general regulations 
contained in subpart D of this part, entry into or remaining in the 
zone described in paragraph (a) of section 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. Access to the zone will be determined by 
the COTP or designated representative on a case-by-case basis when the 
zone is enforced. 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.
    (4) Unless specifically authorized by on scene enforcement vessels, 
any vessel granted permission to enter or transit the security zones 
must comply with the instructions of the COTP or designated 
representative and operate at bare steerage or no-wake speed while 
transiting through the Security Zone, and must not loiter, stop, or 
anchor, and shall do so for the entirety of its time within the 
boundaries of the security zones.
    (d) Enforcement. (1) This security zone is effective from 11 a.m. 
on March 9, 2022, through 11:59 p.m. on March 11, 2022.
    (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 
and security of the VIPs attending the Democratic National Caucus in 
the vicinity of Penns Landing located in Philadelphia, PA. 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, 2022.
Leon McClain, Jr.,
Captain, U. S. Coast Guard, Alternate Captain of the Port, Delaware 
Bay.
[FR Doc. 2022-03132 Filed 2-14-22; 8:45 am]
BILLING CODE 9110-04-P