Proposed Rule2022-03132
Security Zone, Delaware River, Philadelphia, PA
Primary source
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Published
February 15, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 31 (Tuesday, February 15, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="/cdn-cgi/l/email-protection#e9a38c8787808f8c9bc7a5c7b9888d80858588a99c9a8a8ec7848085"><span class="__cf_email__" data-cfemail="82c8e7ececebe4e7f0acceacd2e3e6ebeeeee3c2f7f1e1e5acefebee">[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, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
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