Rule2022-04900
Security Zones; Christina River, Wilmington, DE; Darby Creek and Schuylkill River, Philadelphia, PA
Primary source
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Published
March 9, 2022
Effective
March 9, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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 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.
Full Text
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<title>Federal Register, Volume 87 Issue 46 (Wednesday, March 9, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#b1fbd4dfdfd8d7d4c39ffd9fe1d0d5d8ddddd0f1c4c2d2d69fdcd8dd"><span class="__cf_email__" data-cfemail="b0fad5deded9d6d5c29efc9ee0d1d4d9dcdcd1f0c5c3d3d79eddd9dc">[email protected]</span></a>.
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
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</html>Indexed from Federal Register on March 9, 2022.
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