[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Pages 13165-13168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04900]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0145]
RIN 1625-AA87


Security Zones; Christina River, Wilmington, DE; Darby Creek and 
Schuylkill River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing three temporary security zones 
for certain navigable waters of the Christina and Schuylkill Rivers and 
Darby Creek. The security zones are needed to safeguard persons, 
including those under the protection of the United States Capitol 
Police (USCP), and property from terrorist acts or incidents and to 
prevent terrorist acts or incidents

[[Page 13166]]

while travelling across navigable waters between Wilmington, DE, and 
Philadelphia, PA. These security zones will be enforced only for the 
protection of those persons when in the area and will restrict vessel 
traffic while the zones are being enforced. Entry of vessels or persons 
into these zones is prohibited unless specifically authorized by the 
Captain of the Port, Delaware Bay or a designated representative.

DATES: This rule is effective from 11 a.m. on March 9, 2022, until 11 
p.m. on March 11, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0145 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the 
Document Type column, select ``Supporting & Related Material.''

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
COTP Captain of the Port
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

    Persons under the protection of the USCP will be travelling to and 
from a nationally-publicized event in Philadelphia, PA, on March 9, 
2022, and March 11, 2022, respectively. The highways to be travelled 
are located across navigable waters within the Captain of the Port, 
Delaware Bay's Area of Responsibility, as set forth at 33 CFR 3.25-05.
    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 it is impracticable and contrary to 
public interest to delay the effective date of this rule. Immediate 
action is needed to protect persons under the protection of the USCP, 
mitigate potential terrorist acts, and enhance public and maritime 
safety and security. The Coast Guard was unable to publish an NPRM due 
to the short time period between event planners notifying the Coast 
Guard of the event and publication of these security zones. 
Furthermore, delaying the effective date would be contrary to the 
rule's intended objective of protecting persons under the protection of 
the USCP, mitigating potential terrorist acts and enhancing public and 
maritime safety and security. It is impracticable to publish an NPRM 
because we must establish the security zones by March 9, 2022.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action to restrict 
vessel traffic is needed to protect life, property and the environment, 
therefore a 30-day notice period is impracticable. Delaying the 
effective date would be contrary to the security zones' intended 
objectives of protecting persons under the protection of the USCP, 
mitigating potential terrorist acts and enhancing public and maritime 
safety and security.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port, Delaware Bay (COTP) has determined that 
the presence of persons under the protection of the USCP at these 
locations presents a potential target for terrorist attack, sabotage, 
or other subversive acts, accidents, or other causes of a similar 
nature. This rule is needed to protect persons under the protection of 
the USCP, personnel in and around these locations, navigable waterways, 
and waterfront facilities.

IV. Discussion of the Rule

    This rule establishes three temporary security zones from for 
certain navigable waters within the COTP Delaware Bay Zone, as 
described in 33 CFR 3.25-05. Each of the zones will be enforced from 11 
a.m. to 11 p.m. on March 9, 2022, and those same hours on March 11, 
2022. The duration of the zones is intended to protect persons under 
the protection of the USCP, personnel in and around these locations, 
navigable waterways, and waterfront facilities.
    Security zone one will cover all navigable waters of the Christina 
River, encompassed by a line connecting the following points, beginning 
at the shoreline down river from the I-495 bridge at 39[deg]43'24'' N, 
075[deg]31'43'' W, thence southwest across the river to the shoreline 
at 39[deg]43'17'' N, 075[deg]31'52'' W, thence northwest along the 
shoreline to 39[deg]43'46'' N, 075[deg]32'06'' W, thence northeast 
across the river to the shoreline at 39[deg]43'53'' N, 075[deg]31'55'' 
W, thence southeast along the shoreline back to the beginning point, 
located in Wilmington, DE.
    Security zone two will cover all navigable waters of Darby Creek, 
encompassed by a line connecting the following points, beginning at the 
shoreline down river from the I-95 bridge at 39[deg]51'52'' N, 
075[deg]18'46'' W, thence northwest across the river to the shoreline 
at 39[deg]51'53'' N, 075[deg]18'50'' W, thence northeast along the 
shoreline to 39[deg]52'20'' N, 075[deg]18'39'' W, thence southeast 
across the river to the shoreline at 39[deg]52'08'' N, 075[deg]18'31'' 
W, thence southwest along the shoreline back to the beginning point, 
located in Philadelphia, PA.
    Security zone three will cover all navigable waters of Schuylkill 
River, including the waters of the Schuylkill River adjacent to the 
Navy Yard Reserve Basin Bridge, encompassed by a line connecting the 
following points, beginning at the shoreline down river from the Girard 
Point Bridge (I-95) at 39[deg]53'05'' N, 075[deg]11'34'' W, thence 
westward across the river to the shoreline at 39[deg]53'03'' N, 
075[deg]11'48'' W, thence northwest along the shoreline to 
39[deg]54'04'' N, 075[deg]12'56'' W, thence eastward across the river 
to the shoreline at 39[deg]54'07'' N, 075[deg]12'48'' W, thence 
southeast along the shoreline back to the beginning point, located in 
Philadelphia, PA.
    No vessel or person will be permitted to enter any of the security 
zones without obtaining 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.

[[Page 13167]]

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 sizes, 
locations, and limited durations of the security zones. The first zone 
impacts a small designated area of the Christina River for 24 total 
enforcement hours. This portion of the waterway supports Commercial 
Vessels and tug and barge traffic year round and recreational vessel 
traffic, which at its peak, occurs mainly during the summer season. The 
second zone impacts a small designated area of the Darby Creek for 24 
total enforcement hours. This portion of the waterway supports 
recreational vessel traffic, which at its peak, occurs mainly during 
the summer season. The third zone impacts a small designated area of 
the Schuylkill River for 24 total enforcement hours. This portion of 
the waterway supports Commercial Vessels and tug and barge traffic year 
round and recreational vessel traffic, which at its peak, occurs mainly 
during the summer season. Although these security zones extend across 
the entire widths of the respective waterways, these security zones 
will be enforced only for the protection of those persons when in the 
area and will restrict vessel traffic while the zones are being 
enforced. Moreover, the Coast Guard would issue a Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the status of 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 zones 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 three 
temporary security zones lasting only 24 total enforcement hours each 
that will prohibit entry within certain navigable waters of the 
Christina and Schuylkill Rivers and Darby Creek. It is 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 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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T05-0145 to read as follows:

[[Page 13168]]

Sec.  165.T05-0145   Security Zones; Christina River, Wilmington, DE; 
Darby Creek and Schuylkill River, Philadelphia, PA.

    (a) Locations. The following areas are a security zone: These 
coordinates are based on WGS 84.
    (1) Security Zone 1. All navigable waters of the Christina River, 
encompassed by a line connecting the following points, beginning at the 
shoreline down river from the I-495 bridge at 39[deg]43'24'' N, 
075[deg]31'43'' W, thence southwest across the river to the shoreline 
at 39[deg]43'17'' N, 075[deg]31'52'' W, thence northwest along the 
shoreline to 39[deg]43'46'' N, 075[deg]32'06'' W, thence northeast 
across the river to the shoreline at 39[deg]43'53'' N, 075[deg]31'55'' 
W, thence southeast along the shoreline back to the beginning point, 
located in Wilmington, DE.
    (2) Security Zone 2. All navigable waters of the Darby Creek, 
encompassed by a line connecting the following points, beginning at the 
shoreline down river from the I-95 bridge at 39[deg]51'52'' N, 
075[deg]18'46'' W, thence northwest across the river to the shoreline 
at 39[deg]51'53'' N, 075[deg]18'50'' W, thence northeast along the 
shoreline to 39[deg]52'20'' N, 075[deg]18'39'' W, thence southeast 
across the river to the shoreline at 39[deg]52'08'' N, 075[deg]18'31'' 
W, thence southwest along the shoreline back to the beginning point, 
located in Philadelphia, PA.
    (3) Security Zone 3. All navigable waters of the Schuylkill River, 
including the waters of the Schuylkill River adjacent to the Navy Yard 
Reserve Basin Bridge, encompassed by a line connecting the following 
points, beginning at the shoreline down river from the Girard Point 
Bridge (I-95) at 39[deg]53'05'' N, 075[deg]11'34'' W, thence westward 
across the river to the shoreline at 39[deg]53'03'' N, 075[deg]11'48'' 
W, thence northwest along the shoreline to 39[deg]54'04'' N, 
075[deg]12'56'' W, thence eastward across the river to the shoreline at 
39[deg]54'07'' N, 075[deg]12'48'' W, thence southeast along the 
shoreline back to the beginning point, located in Philadelphia, PA.
    (b) Definitions. As used in this section--
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard 
Sector Delaware Bay.
    Designated representative means any Coast Guard commissioned, 
warrant, or petty officer, 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.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, you may not 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 by telephone number 215-271-4807 or on Marine Band Radio 
VHF-FM channel 16 (156.8 MHz). 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 periods. This section will be enforced from 11 a.m. 
to 11 p.m. on March 9, 2022, and, from 11 a.m. to 11 p.m. on March 11, 
2022.

    Dated: March 3, 2022.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2022-04900 Filed 3-8-22; 8:45 am]
BILLING CODE 9110-04-P