Rule2021-18427
Security Zones; Lewes and Rehoboth Canal and Atlantic Ocean, Rehoboth, DE
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 26, 2021
Effective
August 26, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing two security zones for certain waters of Rehoboth Beach to prevent waterside threats and incidents for persons under the protection of the United States Secret Service (USSS) in the vicinity of Rehoboth Beach, Delaware. These security zones will be enforced intermittently and only for the protection of persons protected by USSS when in the area and will restrict vessel traffic while the zone is being enforced. This rule prohibits vessels and people from entering the zones unless specifically exempt under the provisions of this rule or granted specific permission from the Captain of the Port (COTP) Delaware Bay or a designated representative. Any vessel requesting to transit the zones without pause or delay will typically be authorized to do so by on-scene enforcement vessels.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 163 (Thursday, August 26, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Rules and Regulations]
[Pages 47574-47580]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18427]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0208]
RIN 1625-AA87
Security Zones; Lewes and Rehoboth Canal and Atlantic Ocean,
Rehoboth, DE
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 47575]]
SUMMARY: The Coast Guard is establishing two security zones for certain
waters of Rehoboth Beach to prevent waterside threats and incidents for
persons under the protection of the United States Secret Service (USSS)
in the vicinity of Rehoboth Beach, Delaware. These security zones will
be enforced intermittently and only for the protection of persons
protected by USSS when in the area and will restrict vessel traffic
while the zone is being enforced. This rule prohibits vessels and
people from entering the zones unless specifically exempt under the
provisions of this rule or granted specific permission from the Captain
of the Port (COTP) Delaware Bay or a designated representative. Any
vessel requesting to transit the zones without pause or delay will
typically be authorized to do so by on-scene enforcement vessels.
DATES: This rule is effective August 26, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0208 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 about this
rulemaking, call or email Petty Officer Edmund Ofalt, U.S. Coast Guard,
Sector Delaware Bay, Waterways Management Division; telephone 215-271-
4889, email <a href="/cdn-cgi/l/email-protection#7b3e1f160e151f553155341d1a170f3b0e0818181c55161217"><span class="__cf_email__" data-cfemail="3f7a5b524a515b11751170595e534b7f4a4c5c5c5811525653">[email protected]</span></a>.
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 occasion the USSS has requested heightened security measures for
persons protected by the USSS in the vicinity of Rehoboth Beach,
Delaware. In response, on June 3, 2021, the Coast guard published a
notice of proposed rulemaking (NPRM) titled ``Security Zones; Lewes and
Rehoboth Canal and Atlantic Ocean, Rehoboth, DE'' (86 FR 29727). There,
we stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to these visits by USSS protectees. During
the comment period that ended July 19, 2021, 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
Under the Ports and Waterways Safety Act, the Coast Guard has
authority to establish water or waterfront safety zones, or other
measures, for limited, controlled, or conditional access and activity
when necessary for the protection of any vessel, structure, waters, or
shore area, 46 U.S.C. 70011(b)(3). This rule safeguards the lives of
persons protected by the Secret Service, and of the general public, by
enhancing the safety and security of navigable waters of the United
States during USSS protectee presence in Rehoboth, Delaware. The Coast
Guard will activate the security zone when requested by the USSS for
the protection of persons the USSS protects under 18 U.S.C. 3056 or
pursuant to Presidential memorandum. The Coast Guard is issuing this
rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231), as
delegated by Department of Homeland Security Delegation
No.00170.1(II)(70), Revision No. 01.2, from the Secretary of DHS to the
Commandant of the U.S. Coast Guard, and further redelegated by 33 CFR
1.05-1, 6.04-1, 6.04-6, and 160.5 to the Captains of the Port. The
Captain of the Port Delaware Bay (COTP) has determined that recurring
presence of persons under the protection of the USSS, which started in
January of 2021, presents a potential target for terrorist acts,
sabotage, or other subversive acts, accidents, or other causes of a
similar nature. This security zone is necessary to protect these
persons, the public, and the surrounding waterways.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published June
3, 2021. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM, other than a correction of a minor
grammatical error in paragraph (a).
This rule establishes two security zones for the protection of USSS
protectees when present in the vicinity of Rehoboth Beach, Delaware.
This rule is necessary to expedite the establishment and enforcement of
these security zones when short notice is provided to the COTP for USSS
protectees who may be present in the area.
Security Zone One is bounded on the north by a line drawn from
38[deg]44.36' North Latitude (N), 075[deg]5.32' West Longitude (W),
thence easterly to 38[deg]44.37' N, 075[deg]5.31' W proceeding from
shoreline to shoreline on the Lewes and Rehoboth Canal in a
Southeasterly direction where it is bounded by a line drawn from
38[deg]43.89' N, 075[deg]5.31' W, thence easterly to 38[deg]43.90' N,
075[deg]5.07' W thence northerly across the entrance to the yacht basin
to 38[deg]43.93' N, 075[deg]5.09' W.
Security Zone Two extends 500 yards seaward from the shoreline,
into the Atlantic Ocean beginning at 38[deg] 44.86' N, 075[deg] 4.83'
W, proceeding southerly along the shoreline to 38[deg]43.97' N,
075[deg]4.70' W.
These security zones may be activated individually or
simultaneously with respect to the presence of USSS protectees. These
zones will be enforced intermittently. Enforcement of these zones will
be broadcast via Broadcast Notice to Mariners (BNM) and/or local Safety
Marine Information Broadcast (SMIB) on VHF-FM marine channel 16, as
well as actual notice via on-scene Coast Guard Personnel. The public
can learn the status of the security zone via an information release
for the public via website <a href="https://homeport.uscg.mil/my-homeport/coast-guard-prevention/waterway-management?cotpid=40">https://homeport.uscg.mil/my-homeport/coast-guard-prevention/waterway-management?cotpid=40</a>.
No vessel or person is permitted to enter either security zone
without first obtaining permission from the COTP or a designated
representative. However, we anticipate that vessels requesting to
transit these zones will typically be authorized to transit without
pause or delay by on-scene enforcement vessels. When a vessel or person
is permitted to enter the security zone after obtaining permission from
the COTP or a designated representative, the vessel or person must
proceed as directed by on-scene enforcement vessels. Any vessel or
person permitted to transit the security zone will be required to
continue through the zone without pause or delay as directed by on-
scene enforcement vessels. No vessel or person will be permitted to
stop or anchor in the security zone. At times, for limited duration, it
is anticipated that vessels may be prohibited from entering the zone
due to movement of persons protected by USSS. During those times,
actual notice will be given to vessels in the area.
When these security zones are enforced, the COTP will issue a BNM
and/or SMIB via VHF-FM channel 16.
[[Page 47576]]
The public can learn the status of the security zone via an information
release for the public via website <a href="https://homeport.uscg.mil/my-homeport/coast-guard-prevention/waterway-management?cotpid=40">https://homeport.uscg.mil/my-homeport/coast-guard-prevention/waterway-management?cotpid=40</a>.
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 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. A combined
regulatory analysis (RA) and Regulatory Flexibility Analysis follows.
This rule will establish the following two security zones: (1) A
half-mile stretch of the Lewes and Rehoboth Canal; and (2) a one-mile
section of Rehoboth Beach stretching 500 yards from the shoreline. The
enforcement of these two security zones is expected to be intermittent.
Vessels will normally be allowed to transit but not stop within the
security zones. However, when persons protected by the USSS are moving
in or out of the area, the Coast Guard may halt traffic in these two
security zones. The Coast Guard expects such instances to happen
relatively infrequently and for a short duration (1-3 hours).
The Coast Guard will station Coast Guard personnel at the borders
of the security zones with the authority to enforce this security zone.
In the few instances where USSS protectees are in transit, these Coast
Guard personnel will ensure that no traffic transits through the
security zones. Recreational boaters wishing to transit the area may
inquire directly with the Coast Guard personnel posted at the
boundaries of the security zones, rather than being required to contact
the COTP.
Table 1 provides a summary of the rule's costs and qualitative
benefits.
Table 1--Summary of the Rule's Impacts
------------------------------------------------------------------------
Category Summary
------------------------------------------------------------------------
Potentially Affected Population... This rule will impact recreational
boaters wishing to use the Lewes
and Rehoboth Canal or the North
Shores section of Rehoboth Beach.
Unquantified Costs................ Recreational boaters of the Lewes
and Rehoboth Canal will need to
speak with Coast Guard personnel
stationed at the entrances of the
security zones. These recreational
boaters will be informed that they
will be unable to stop or loiter
inside the security zone. In
certain instances where persons
protected by USSS are in transit,
traffic may be halted on the Lowes
and Rehoboth Canal. In these
instances, recreational boaters
wishing to use the canal will
instead need to take a circuitous
route or forgo their trip all
together.
Unquantified Benefits............. This rule will secure the area to
meet objectives of the USSS and
keep USSS protectees safe.
------------------------------------------------------------------------
Affected Population
The Coast Guard does not collect data on the vessels and
individuals using either the Lewes and Rehoboth Canal or the North
Shores Section of Rehoboth Beach, the areas that would be impacted by
this rule. To estimate the affected population, we used information
directly observable from Google Maps, as well as the subject-matter
expertise of Coast Guard personnel with knowledge of the area.
The two security zones--a half-mile section of the Lowes Rehoboth
Canal and a one-mile section of Rehoboth Beach--are distinct. As such,
we assess the affected populations for these two areas separately.
(1) Security Zone 1: Lewes Rehoboth Canal
This regulation will impact any recreational boater wishing to
transit the Lewes Rehoboth Canal. The Lewes Rehoboth Canal is about 10
miles long and connects the Broadkill River and the Delaware Bay to
Rehoboth Bay. The security zone begins approximately two-thirds of the
way through the canal (if starting from the Delaware Bay) and lasts for
about a half mile. As such, recreational boaters wishing to transit the
canal from the communities of Lewes, Dewey Beach, North Shores,
Rehoboth Beach, and West Rehoboth may be impacted by this rule.\1\
---------------------------------------------------------------------------
\1\ Dewey Beach lies on the isthmus between Rehoboth Bay and the
Atlantic Ocean south of Rehoboth beach and north of the Delaware
Seashore State Park.
---------------------------------------------------------------------------
These communities are seasonal; their populations are much larger
and more active in the summer than in the winter. Vessel traffic in the
canal follows the same pattern. Coast Guard officers stationed in this
region estimated the numbers of vessels transiting this zone per day by
season. We present these estimates in table 2.
Table 2--Vessel Traffic by Time of Year
------------------------------------------------------------------------
Vessels transiting the canal
Months per day
------------------------------------------------------------------------
January through March.................. 20 vessels per day.
April.................................. 75 vessels per day.
May through September.................. More than 200 vessels per day.
October through December............... 50 vessels per day.
------------------------------------------------------------------------
[[Page 47577]]
The vessel traffic in the canal is entirely recreational. There are
no commercial vessels that transit the canal. Moreover, the canal is
quite shallow. The Coast Guard's 27-foot vessels navigate the canal
with difficulty because of the depth. Kayaks, canoes, and other
manually powered watercraft are frequently used in the canal (not
counted in the daily vessel traffic estimates).
In addition to the daily traffic of recreational boaters wishing to
transit the security zone, there are a number of boat slips located
either within the security zone or that require transiting the security
zone to access. There are also houses that border sections of the canal
wholly inside the security zone. We reviewed satellite images from
Google Maps to identify the number of boat slips within the security
zone or that require transiting the security zone to access. Based on
these satellite images, we estimate that 17 private houses that lie
entirely within the canal security zone contain either a boat slip or
dock. The boat slips indicate that recreational vessel usage might be
undertaken by the owners or occupiers of these properties. Because they
lie fully inside the security zone, they will be impacted every time
they take out their vessels.
Additionally, a small man-made canal branches off the main Lewes
and Rehoboth Canal and leads into a small man-made lake. The southern
edge of the safety zone continues just past the entrance to this second
canal. Private houses and the North Shores Marina inhabit the land
surrounding the second canal and its adjoining lake. Some of these
houses contain docks or boat slips. Recreational vessel operations will
require transiting through the security zone to reach either the boat
slips at these private homes or the North Shores Marina. Use of this
canal and lake is primarily local and by small recreational vessels, as
this second canal may only be 3 feet deep in certain places. Using
Google Maps, we count 14 boat slips or docks connected to private
houses and 30 spaces for recreational vessels at the North Shores
Marina.
(2) Security Zone 2: Rehoboth Beach
This rule will also impact any recreational boaters that transit
the area 1 mile by 500 yards offshore of the North Shores section of
Rehoboth Beach. Because of its proximity to the shore, the Coast Guard
does not estimate any recreational boaters or commercial vessels
routinely operate in this section of the ocean. Vessels operating this
close to shore could face additional hazards due to the surf and other
marine currents and would avoid this area.
Costs
As above, we assess the costs of the two security zones separately.
(1) Security Zone 1: Lewes and Rehoboth Canal
In table 2, we present the Coast Guard's estimate of the average
vessel traffic. Under normal course of operations, the Coast Guard
anticipates that recreational boaters transiting the canal would have a
brief conversation with the Coast Guard official stationed at the
entrance to the security zone. Recreational boaters would then proceed
through the security zone (without stopping or loitering) and exit the
security zone. We anticipate that this conversation would last between
15 and 30 seconds per recreational boater. Because we do not know how
many recreational boaters are on the average boat and because of how
small the amount of time per recreational boaters is likely to be, we
do not estimate the total costs of these conversations.
Additionally, above we discussed that there are a number of houses
and a marina that are contained within the security zone or would
require transiting the security zone in order to access. Recreational
vessel operators who reside or are visiting a location inside the
security zone should be able to relay this information to the Coast
Guard personnel stationed at the entrance of the security zone. When
recreational boaters provide this additional information, it may
increase the duration of the conversation. However, there are only 17
houses with private docks or boat slips contained within the security
zone. It is likely, therefore, that the Coast Guard personnel stationed
at either end of the security zone would become aware of these vessels
and their owners and operators. As a result, conversations may become
more brief over time.
In order to access the private docks and boat slips of the 14
houses and the North Shores Marina, recreational vessel operators will
need to transit through a small portion of the security zone. The Coast
Guard will interpret the vessels seeking to access this second canal as
innocent passage. As a result, the Coast Guard personnel do not intend
to converse with recreational boaters intending to access the second
canal unless they notice suspicious activity. Instead, Coast Guard
personnel will report vessels transiting the second canal to the USSS
representatives. Because Coast Guard personnel will not converse with
the recreational vessel operators transiting this region, we estimate
that there would be no costs on boaters who only pass through the lower
stretch of the canal security zone in order to access the North Shores
Marina or the private houses on the canal or lake.
The costs discussed above cover the normal operations when access
to the canal is still permitted. However, when certain individuals
protected by the USSS are transiting the area, the Coast Guard may shut
down access to the canal. Such closures could last from 1 to 3 hours,
or longer. If the security zone is closed to all traffic, recreational
boaters will not be able to transit the length of the canal.
Recreational boaters wishing to transit through the security zone will
be unable to do so.
If this closure happens suddenly, recreational boaters could be
stranded on either side of the canal. The distance through the canal is
about 10 miles, but to avoid the canal by taking a more circuitous
route around Rehoboth Beach would add 25 miles to the journey.
Additionally, a significant portion of this distance requires operating
in the Atlantic Ocean. The Atlantic Ocean is considerably rougher than
the intracoastal waterways. As a result, many of the recreational
watercraft unable to transit the security zone may be unable to take an
alternate route, either because they may not have a vessel suitable to
a coastwise route or may not have the time to add an additional 25
miles on to the journey.
Because we do not know the frequency or duration of full closures
of the security zone, we are unable to quantitatively assess the costs
to either temporarily stranded vessel operators or to vessel operators
wishing to transit the closed waterway.
(2) Security Zone 2: North Shores Section of Rehoboth Beach on the
Atlantic Ocean
We do not estimate that any vessels routinely operate in this
section of Rehoboth Beach, as discussed in the Affected Population
section above. Additionally, were recreational vessel operators to
transit this security zone, it is far easier to exit or avoid the
security zone than in the canal. Recreational boaters merely will need
to be greater than 500 yards from shore. As a result, we do not
estimate any costs incurred by the second security zone.
Benefits
Upon request by the USSS for the Coast Guard to implement security
measures in certain sections of the Lewes and Rehoboth Canal and
certain sections offshore from Rehoboth Beach,
[[Page 47578]]
the Coast Guard is establishing two security zones covering these
areas. The security zones are necessary to prevent waterside threats
and incidents that could impact the safety and security of USSS
protectees when present in the area.
Both security zones aid the USSS in controlling the area and
preventing actors wishing to cause harm to the functioning of the U.S.
Government by attacking persons protected by the USSS. Were such an
attack to be attempted or to occur, the societal impacts could be
sizable and potentially severe to the Nation's Government.
Additionally, the local impacts would be substantial as well. The area
could be closed for a significant period as any necessary
investigations occur. This regulatory action will greatly decrease the
likelihood of these potential impacts. The Coast Guard has no way to
quantify the frequency of malfeasant actors or the extent to which this
rule will diminish the frequency of their attempted or successful
actions. However, we believe that the value of these benefits justify
the costs of the regulation.
Regulatory Alternatives Considered
We considered alternatives to the regulatory action to determine if
an alternative could accomplish the stated objectives of applicable
statutes and could minimize any economic impact on small entities. In
developing this rule, the Coast Guard considered the following
alternatives:
Alternative 1: No Action/Status Quo
Without this rule, malfeasant actors could have unfettered access
to locations near persons protected by USSS. We believe that this
unfettered access presents an unacceptable security risk to the United
States. As such, we rejected this alternative.
Alternative 2: Do Not Permit any Traffic Inside the Security Zone
The Coast Guard considered closing the security zone to traffic
entirely, which would have had the added cost of making it impossible
to fully transit the canal. We rejected this alternative because there
are potentially over 200 recreational boaters a day transiting the
security zones in the summer. These boaters would lose their ability to
have recreational access of the waterway and any enjoyment that
provides them. Additionally, 31 homes with boat slips and a marina with
30 spots are inaccessible without transiting the security zones. These
homes, despite existing on the canal with a dock, would be unable to
use the waterway. Consequently, we rejected this alternative because
the costs would be too high.
Alternative 3: Allow Vessels To Transit the Waterway, but Do Not Permit
Vessels To Transit During the Movement of Certain Individuals Protected
by USSS
This is our preferred alternative and discussed throughout the
regulatory analysis. We believe it balances the costs to public in the
form of quick conversations with transiting recreational vessels and
the occasional inconvenience of a temporary canal closure due to USSS
protectees moving around the area with the benefits of ensuring the
security of these protected persons.
B. Impact on Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule would have a significant economic effect
on a substantial number of small entities. 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
people.
As discussed above, the affected population is entirely
recreational. As a result, the individuals directly regulated by this
rule are not small entities as defined by the Regulatory Flexibility
Act. Based on this analysis, we found this rulemaking will not affect a
substantial number of small entities.
Therefore, 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. 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 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
[[Page 47579]]
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 two security zones for the protection
of USSS protectees while present in the vicinity of Rehoboth Beach,
Delaware. 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 is
amending 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. 165.561 to read as follows:.
Sec. 165.561 Security Zones; Lewes and Rehoboth Canal and Atlantic
Ocean, Rehoboth Beach, DE.
(a) Location. The following areas are security zones; these
coordinates are based on North American Datum 83 (NAD83):
(1) Security zone one: All waters of the Lewes and Rehoboth Canal
bounded on the north by a line drawn from 38[deg] 44.35' North Latitude
(N), 075[deg]5.32' West Longitude (W), thence easterly to 38[deg]44.37'
N, 075[deg]5.31' W proceeding from shoreline to shoreline on the Lewes
and Rehoboth Canal in a Southeasterly direction where it is bounded by
a line drawn from 38[deg]43.89' N, 075[deg]5.31' W, thence easterly to
38[deg]43.90' N, 075[deg]5.07' W thence northerly across the entrance
to the yacht basin to 38[deg]43.93' N, 075[deg] 5.09' W.
(2) Security zone two: All waters of the Atlantic Ocean extending
500 yards seaward from a line beginning at 38[deg]44.86' N,
075[deg]4.86' W, proceeding southerly along the shoreline to
38[deg]43.97' N, 075[deg]4.70' W.
(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.
USSS protectee 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).
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 Sec. 165.33 of this part, entry into or movement within
this zone is prohibited unless authorized by the COTP, Sector Delaware
Bay, or designated representative.
(2) Entry into or remaining in a security zone described in
paragraph (a) of this section is prohibited unless authorized by the
COTP or designated representative when the security zones are being
enforced. At the start of each enforcement, all persons and vessels
within the security zone must depart the zones immediately or obtain
authorization from the COTP or designated representative to remain
within either zone. All vessels authorized to remain in the zone(s)
must proceed as directed by the COTP or designated representative.
(3) A person or vessel operator who intends to enter or transit the
security zones while the zones are being enforced must obtain
authorization from the COTP or designated representative. While the
zones are being enforced the COTP or designated representative will
determine access to the zones on a case-by-case basis. A person or
vessel operator requesting permission to enter or transit the security
zone may contact the COTP or designated representative at 215-271-4807
or on marine band radio VHF-FM channel 16 (156.8 MHz), or by visually
or verbally hailing the on-scene law enforcement vessel enforcing the
zone. On-scene Coast Guard personnel enforcing this section can be
contacted on marine band radio, VHF-FM channel 16 (156.8 MHz). The
operator of a vessel must proceed as directed upon being hailed by a
U.S. Coast Guard vessel, or other Federal, State, or local law
enforcement agency vessel, by siren, radio, flashing light, or other
means. When authorized by the COTP or designated representative to
enter the security zone all persons and vessels must comply with the
instructions of the COTP or designated representative and proceed at
the minimum speed necessary to maintain a safe course while within the
security zone.
(4) Upon being hailed by a U.S. Coast Guard vessel, or other
Federal, State, or local law enforcement agency vessel, by siren,
radio, flashing light or other means, a person or operator of a vessel
must proceed as directed. Failure to comply with lawful direction may
result in expulsion from the regulated area, citation for failure to
comply, or both.
(5) Unless specifically authorized by on-scene enforcement vessels,
no vessel or person will be permitted to stop or anchor in the security
zone. A vessel granted permission to enter or transit within the
security zone(s) must do so without delay or pause for the entirety of
its time within the boundaries of the security zone(s). At times, for
limited duration, it is anticipated that vessels may be prohibited from
entering the zone due to movement of persons protected by USSS. During
those times, the Coast Guard will provide actual notice to vessels in
the area.
(6) The U.S. Coast Guard may secure the entirety of either or both
security zones if deemed necessary to address security threats or
concerns.
(7) The U.S. Coast Guard may be assisted by Federal, State, and
local law enforcement agencies in the patrol and enforcement of the
security zone described in paragraph (a) of this section.
(d) Enforcement. (1) The Coast Guard activates the security zones
when requested by the U.S. Secret Service for the protection of
individuals who qualify for protection under 18 U.S.C 3056(a) or
Presidential memorandum. The COTP will provide the public with notice
of enforcement of security zone by Broadcast Notice to Mariners (BNM),
information release at the website: <a href="https://homeport.uscg.mil/my-homeport/coast-guard-prevention/waterway-management?cotpid=40">https://homeport.uscg.mil/my-homeport/coast-guard-prevention/waterway-management?cotpid=40</a> as well
as on-scene notice by designated
[[Page 47580]]
representative or other appropriate means in accordance with 33 CFR
165.7.
(2) These security zones may be enforced individually or
simultaneously.
Dated: August 20, 2021.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2021-18427 Filed 8-25-21; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 26, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.