[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Pages 13168-13170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04904]


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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, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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 security zone 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.

DATES: This rule is effective March 9, 2022, through 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-
2022-0040 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
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

    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. In 
response, on February 15, 2022, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Security Zone, Delaware River, 
Philadelphia, PA'' (87 FR 8472). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this event. During the comment period that ended February 23, 2022, we 
received no comments.
    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 and contrary to the public interest. 
This rule must be immediately effective to guard against potential acts 
of terrorism, sabotage, subversive acts, accidents, or other causes of 
a similar nature.

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 the presence of the VIPs attending the DNC 
present a potential target for terrorist acts, sabotage, or other 
subversive acts, accidents, or other causes of a similar nature. Due to 
the DNC being held in close proximity to the Delaware River,

[[Page 13169]]

this security zone is necessary to protect these persons, the public, 
and the surrounding waterway.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
February 15, 2022. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule establishes 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.

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 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 National 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 received no comments 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 would 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

[[Page 13170]]

security zone which will be intermittently enforced over the course of 
3 days. 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.T05-0040 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 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.
    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 33 CFR 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: March 3, 2022.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2022-04904 Filed 3-8-22; 8:45 am]
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