Rule2022-04904
Security Zone, Delaware River, Philadelphia, PA
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
March 9, 2022
Effective
March 9, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
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 13168-13170]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#7238171c1c1b1417005c3e5c2213161b1e1e1332070111155c1f1b1e"><span class="__cf_email__" data-cfemail="9ed4fbf0f0f7f8fbecb0d2b0cefffaf7f2f2ffdeebedfdf9b0f3f7f2">[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 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]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on March 9, 2022.
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.