[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Rules and Regulations]
[Pages 18395-18397]
[FR Doc No: 2017-07883]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0313]
RIN 1625-AA00

Safety Zone; Unexploded Ordnance Detonation; Naval Base Kitsap,
Elwood Point; Bremerton, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a 500-yard temporary safety
zone on in vicinity of Naval Base Kitsap, Elwood Point; Bremerton, WA.
The safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the unexploded ordnance
detonation being conducted by the U.S. Navy. The safety zone will
prohibit any person or vessel from entering or remaining in the safety
zone unless authorized by the Captain of the Port or a Designated
Representative.

DATES: This rule is effective from 8 a.m. on April 19, 2017 to 8 p.m.
on April 20, 2017. It will only be enforced during two periods: from 8
a.m. to 8 p.m. on April 19, 2017, and from 8 a.m. to 8 p.m. on April
20, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0313 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CWO Jeffrey Zappen, Waterways Management Division, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 publishing an NPRM would be
impracticable as delayed promulgation may result in injury or damage to
the maritime public as a result of the detonation of ordnance. The
Captain of the Port, Sector Puget Sound received notice of the date of
the planned detonation on April 12, 2017.
    Under 5 U.S.C. 553(b)(B), the Coast Guard also 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 the danger associated with
detonating ordnance will occur on April 19, 2017, and this rule must be
effective to protect against those hazards on that date.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port, Puget Sound has determined that
potential hazards associated with the detonation will be a safety
concern for anyone transiting through the location of the operation.
This rule is needed to ensure the safety of the maritime public from
hazards associated with the unexploded ordnance detonation in the
vicinity of Naval Base Kitsap, Elwood Point, Bremerton, WA.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 a.m. on April
19, 2017 to 8 p.m. on April 20, 2017. It will only be enforced during
two periods: From 8 a.m. to 8 p.m. on April 19, 2017, and from 8 a.m.
to 8 p.m. on April 20, 2017. The safety zone will cover all navigable
waters within 500 yards of 47[deg]35'30.8'' N. 122[deg]41'11.1'' W.,
which is located at Point Elwood on Naval Base Kitsap, located in
Ostrich Bay, southern end of Dyes Inlet. The duration of the zone is
intended to protect personnel,

vessels, and the marine environment from potential hazards created by
the unexploded ordnance detonation being conducted by the U.S. Navy.
The Captain of the Port may use Broadcast Notice to Mariners to grant
general permission to enter the zone within the effective period of
this rule once the detonation is complete and the zone is no longer
needed.
    No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. Vessels wishing to enter the safety zone must request
permission to do so from the Captain of the Port, Puget Sound by
contacting the Joint Harbor Operations Center at<PHONE_NUMBER> or the
on-scene patrol craft, if any, via VHF-FM Channel 16. If permission for
entry is granted, vessels must proceed at a minimum speed for safe
navigation.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the limited nature
of the size and duration of the temporary safety zone. Moreover, the
Coast Guard will issue a Special Marine Information Broadcast via VHF-
FM Channel 16 about the safety zone and the rule allows vessels to seek
permission to enter the safety zone.

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
safety zone may be small entities, for the reasons stated in section V
above, this rule will not have a significant economic impact on any
vessel owner or operator, because the zone established in this rule is
limited in nature of size and duration.
    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
contact 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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.

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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 temporary safety zone that is limited in duration that
will prohibit entry within 500 yards of the designated area. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T13-0313 to read as follows:

Sec.  165.T13-0313  Safety Zone; Unexploded Ordnance Detonation; Naval
Base Kitsap; Elwood Point; Bremerton, WA.

    (a) Location. The following area is designated as a safety zone:
all waters within 500-yard radius of the unexploded ordnance
detonation, Naval Base Kitsap, Elwood Point (47[deg]35'30.8'' N,
122[deg]41'11.1'' W); Bremerton, WA.
    (b) Regulations. In accordance with the general regulations in
subpart C of this part no person or vessel may enter or remain in the
safety zone unless authorized by the Captain of the Port, Puget Sound
or a designated representative. To request permission to enter the
safety zone, contact the Joint Harbor Operations Center at 206-217-
6001, or the on-scene patrol craft, if any, via VHF-FM Channel 16. If
permission for entry into the safety zone is granted, vessels or
persons must proceed at the minimum speed for safe navigation and in
compliance with any other directions given by the Captain of the Port,
Puget Sound or a designated representative.
    (c) Effective period. This section is effective from 8 a.m. on
April 19, 2017 to 8 p.m. on April 20, 2017. It will only be enforced
during two periods: From 8 a.m. to 8 p.m. on April 19, 2017, and from 8
a.m. to 8 p.m. on April 20, 2017.

    Dated: April 13, 2017.
L.A. Sturgis,
Captain, U.S. Coast Guard, Captain of the Port Puget Sound.
[FR Doc. 2017-07883 Filed 4-18-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47769-47770]
[FR Doc No: 2022-16753]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0002; Internal Agency Docket No. FEMA-B-2257]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).

DATES: Comments are to be submitted on or before November 2, 2022.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2257, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
              Allen County, Indiana and Incorporated Areas
        Project: 14-05-4448S Preliminary Date: December 09, 2021
------------------------------------------------------------------------
City of Woodburn.......................  Allen County Department of
                                          Planning Services, 200 East
                                          Berry Street, Suite 150, Fort
                                          Wayne, IN 46802.
Town of Monroeville....................  Town Hall, 104 Allen Street,
                                          Monroeville, IN 46773.
Unincorporated Areas of Allen County...  Allen County Department of
                                          Planning Services, 200 East
                                          Berry Street, Suite 150, Fort
                                          Wayne, IN 46802.
------------------------------------------------------------------------
               Athens County, Ohio and Incorporated Areas
    Project: 12-05-3508S Revised Preliminary Date: November 30, 2021
------------------------------------------------------------------------
City of Athens.........................  City Hall, 8 East Washington
                                          Street, Athens, OH 45701.
City of Nelsonville....................  City Hall, 211 Lake Hope Drive,
                                          Nelsonville, OH 45764.
Unincorporated Areas of Athens County..  Athens Code Enforcement Office,
                                          28 Curran Drive, Athens, OH
                                          45701.
Village of Buchtel.....................  Buchtel Village Mayor's Office,
                                          17710 North Akron Avenue,
                                          Buchtel, OH 45716.
Village of Chauncey....................  Chauncey City Building, 42
                                          Converse Street, Chauncey, OH
                                          45719.
------------------------------------------------------------------------

[FR Doc. 2022-16753 Filed 8-3-22; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Page 5437]
[FR Doc No: 2013-01505]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP13-451-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: IT Discount Filing to be effective 2/17/2013.
    Filed Date: 1/17/13.
    Accession Number: 20130117-5026.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: RP13-452-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: IT Discount Filing to be effective 2/17/2013.
    Filed Date: 1/17/13.
    Accession Number: 20130117-5027.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: RP13-453-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: IT Discount Filing to be effective 2/17/2013.
    Filed Date: 1/17/13.
    Accession Number: 20130117-5028.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: RP13-454-000.
    Applicants: Petal Gas Storage, L.L.C.
    Description: IT Discount Filing to be effective 2/17/2013.
    Filed Date: 1/17/13.
    Accession Number: 20130117-5029.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: RP13-455-000.
    Applicants: Ozark Gas Transmission, L.L.C.
    Description: Jan 2013 Cleanup Filing to Capitalize Defined Terms to
be effective 2/17/2013.
    Filed Date: 1/17/13.
    Accession Number: 20130117-5030.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: RP13-456-000.
    Applicants: Big Sandy Pipeline, LLC.
    Description: Jan 2013 Cleanup Filing to Capitalize Defined Terms to
be effective 2/17/2013.
    Filed Date: 1/17/13.
    Accession Number: 20130117-5049.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: RP13-457-000.
    Applicants: Kinder Morgan Illinois Pipeline LLC.
    Description: Penalty Revenue Crediting Report of Kinder Morgan
Illinois Pipeline LLC.
    Filed Date: 1/17/13.
    Accession Number: 20130117-5104.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: CP13-29-000.
    Applicants: Columbia Gas of Ohio, Inc.
    Description: Columbia Gas of Ohio, Inc. application for a limited
jurisdiction blanket certificate of public convenience and necessity,
pursuant to Section 284.224 of the Commission.
    File Date: 1/17/13.
    Comments Due: 5 p.m. ET 1/28/13.

    Docket Numbers: RP13-458-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Cancel 5th Revised Volume to be effective 2/18/2013.
    Filed Date: 1/18/13.
    Accession Number: 20130118-5001.
    Comments Due: 5 p.m. ET 1/30/13.

    Docket Numbers: RP13-459-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Trailblazer Baseline to Section based to be effective
2/18/2013.
    Filed Date: 1/18/13.
    Accession Number: 20130118-5002.
    Comments Due: 5 p.m. ET 1/30/13.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP13-81-003.
    Applicants: Caledonia Energy Partners, L.L.C.
    Description: Caledonia Energy Partners, L.L.C. submits tariff
filing per 154.203: Caledonia Correction to FERC Gas Tariff to Comply
with FERC Order No. 587-V to be effective 12/1/2012.
    Filed Date: 1/17/13.
    Accession Number: 20130117-5145.
    Comments Due: 5 p.m. ET 1/29/13.

    Docket Numbers: RP12-813-001.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.203: Compliance Filing in RP12-813 to be effective 1/1/2013.
    Filed Date: 01/18/2013.
    Accession Number: 20130118-5138.
    Comments Due: 5 p.m. ET 1/30/13.

    Docket Numbers: RP12-814-001.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.203: Compliance filing in Docket No. RP12-814 to be
effective 1/1/2013.
    Filed Date: 1/18/13.
    Accession Number: 20130118-5137.
    Comments Due: 5 p.m. ET 1/30/13.

    Docket Numbers: RP12-820-001.
    Applicants: Texas Gas Transmission, LLC.
    Description: Texas Gas Transmission, LLC submits tariff filing per
154.203: Compliance filing in Docket No. RP12-820 to be effective 1/1/
2013.
    Filed Date: 1/18/13.
    Accession Number: 20130118-5139.
    Comments Due: 5 p.m. ET 1/30/13.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service can be found at:
http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other
information, call<PHONE_NUMBER> (toll free). For TTY, call (202) 502-
8659.

    Dated: January 18, 2013.
Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. 2013-01505 Filed 1-24-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 14, 2009 (Volume 74, Number 92)]
[Rules and Regulations]
[Page 22687-22689]
[DOCID:fr14my09-8]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0279]
RIN 1625-AA00

Safety Zone; Sea World Fireworks Season Kickoff; Mission Bay, San
Diego, California

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the navigable
waters of Mission Bay in support of the Sea World Fireworks Season
Kickoff. This safety zone is necessary to provide for the safety of the
participants, crew, spectators, participating vessels, and other
vessels and users of the waterway. Persons and vessels are prohibited
from entering into, transiting through, or anchoring within this safety
zone unless authorized by the Captain of the Port, or his designated
representative.

DATES: This rule is effective from 8 p.m. on May 2, 2009 through 10
p.m. on May 17, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0279 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0279
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the Coast
Guard Sector San Diego, 2710 N. Harbor Drive, San Diego, CA 92101-1064
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Petty Officer Shane Jackson, Waterways Management,
U.S. Coast Guard Sector San Diego, CA at telephone<PHONE_NUMBER>. If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 immediate action is necessary to
ensure the safety of vessels, spectators, participants, and others in
the vicinity of the marine event on the dates and times this rule will
be in effect and delay would be contrary to the public interest.
    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 because delaying the effective date
would be contrary to the public interest, since immediate action is
needed to ensure the public's safety.

Background and Purpose

    Sea World is sponsoring the Sea World Fireworks Season Kickoff,
which will include a fireworks presentation from a barge in Mission
Bay. The safety zone will be a 600 foot radius around the barge in
approximate position 32[deg]46'03''N, 117[deg]13'11''W. This temporary
safety zone is necessary to provide for the safety of the crew,
spectators, participants, and other vessels and users of the waterway.

Discussion of Rule

    The Coast Guard is establishing a safety zone that will be enforced
from 8 p.m. to 10 p.m. on May 2,3,9,10,16, 17, 2009. The limits of the
safety zone will be a 600 foot radius around the barge in approximate
position 32[deg]46'03'' N, 117[deg]13'11'' W. The safety zone is
necessary to provide for the safety of the crew, spectators,
participants, and other vessels and users of the waterway. Persons and
vessels are prohibited from entering into, transiting through, or
anchoring within this safety zone unless authorized by the Captain of
the Port, or his designated representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This
determination is based on the size and location of the safety zone.
Commercial vessels will not be hindered by the safety zone.
Recreational vessels will not be allowed to transit through the
designated safety zone during the specified times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
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.
    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.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons:
Commercial vessel traffic can pass safely around the safety zone.
Before the effective period, the coast Guard will publish a local
notice to mariners (LNM) and will issue broadcast notice to mariners
(BNM) alerts via marine channel 16 VHF before the safety zone is
enforced.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. A new temporary zone Sec.  165.T11-191 to read as follows:

Sec.  165.T11-191  Safety zone; Sea World Fireworks Season Kickoff;
Mission Bay, San Diego, California.

    (a) Location. The limits of the safety zone will include a 600 foot
radius around the barge in approximate position 32[deg]46'03'' N,
117[deg]13'11'' W.
    (b) Enforcement Period. This section will be enforced from 8 p.m.
to 10 p.m. on May 2, 3, 9, 10, 16, 17, 2009. If the event concludes
prior to the scheduled termination time, the Captain of the Port will
cease enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Sector San Diego
Command Center. The Command Center may be contacted on VHF-FM Channel
16.

    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: April 23, 2009.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
 [FR Doc. E9-11225 Filed 5-13-09; 8:45 am]

BILLING CODE 4910-15-P


PROPOSED MINOR / MAJOR NSR RULES IN INDIAN COUNTRY Raj Rao , OAQPS, EPA National Tribal Forum April 19 21, 2005 Red Wing, Minnesota Here's what we will cover   Overview of New Source Review Program   Highlights of the Draft Minor/ Major NSR Rule   Next Steps   Proposal, comment period, public hearings   Promulgation   Feedback from Tribes What is New Source Review?

  Preconstruction permit program for major and minor sources.

  Program to protect public health and welfare as new pollution sources and certain modifications are built.

  New pollution sources and modifications should be designed and built with good control technologies. NAAQS Non Attainment Attainment Non Attainment NAAQS A i r Q u a l i ty C o n c e n t r a t i o n PSD NSR Summary of New Source Review Program Requirements New Source Review Non Attainment NSR Prevention of Significant Deterioration Minor Source NSR LAER Analysis BACT Analysis Emission offsets Increment Analysis Not determined yet What is a minor source?

0 100 200 300 28 Source Category Attainment Areas 0 100 All Sources Nonattainment Area Any source who Any source who' s potential to emit is potential to emit is below the major below the major source threshold for source threshold for that area.

that area. What are synthetic minor sources?

A source

  whose potential to emit ( PTE)

is greater than the major source threshold, but has actual emissions below the threshold   and brings PTE below the major threshold by accepting enforceable limits on emissions or operating conditions 0 50 100 150 200 250 300 350 Emissions Actual PTE Major source threshold T o n s / y e a r Why are NSR rules necessary in Indian Country?

  Regulatory Gap  There is no federal program in place.

  TAR clarified that States do not have jurisdiction in Indian Country. Protect Tribal sovereignty from State incursion   Build tribal capacity ( TIP development, delegation opportunities)

  Provide a cost effective & timely permitting approach   Equal opportunity for economic development   Clarity of requirement for sources   Mechanism for obtaining timely synthetic minor permits   Provide a level playing field with States Draft Minor NSR Rule   Applies to Minor Sources with PTE equal to or higher than the minor NSR threshold including   New and Modified Minor Sources   Synthetic Minor Sources including HAP Sources   Minor Modifications at Major Sources   Existing Minor Sources   propose exempt from rule; seeking comments on other options Draft Minor NSR Rule   Minor NSR Thresholds   Proposed limits represent " middle of the road" numbers relative to other States' minor NSR cut off levels   Separate thresholds in attainment/ nonattainment areas   Maximum cut off level 10tpy in attainment areas   Permits   Site specific permit ° Unit Specific allowable emissions limit ° Sourcewide allowable emissions limit ( like a PAL)

  General permits for some source categories   Modifications   Allowable to allowable test   Seek comment on actual to projected actual test Draft Minor NSR Rule   Requirements   Propose Case by Case control technology review by Reviewing Authority   RA also considers control technology required by surrounding jurisdiction.

  The RA may require the source owner to submit an Air Quality Impact Analysis ( AQIA).

  The RA must provide public notice for 30days for each permit   The RA could delegate to a Tribe, the authority to assist EPA in administration of the federal NSR programs   If Tribes develop TIPs   they have flexibility to develop a different program Draft Major Nonattainment NSR Rule   In this rule, we are proposing to cross reference 40 CFR 51, App. S  nonattainment major NSR rule requirements for new and modified Major Stationary Sources in nonattainment areas that have no SIP requirements.

  Requirements include:

  LAER   Offsets at prescribed ratios   Other requirements Draft Major NNSR Rule   Availability of Offsets a major issue

propose options for offset relief   § ( 173)( a)( 1)( B)   Economic Development Zone Option   Appendix S paragraph VI Option   Create an Offset pool   Other options Next Steps   Proposal   Summer 2005   Public comment period   we encourage you to comment   Public hearings   Promulgation   Summer 2006 Feedback from Tribes   Consultation and Public outreach   Presentations/ Training   Public Notice of Permits  Best means of reaching the tribal community   Typical Existing Minor Source categories and sizes   Interaction with State offset banks if any


[Federal Register: November 2, 2009 (Volume 74, Number 210)]
[Notices]
[Page 56599-56600]
[DOCID:fr02no09-25]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-03-000; PF09-06-000]

Questar Overthrust Pipeline Company; Notice of Application

October 26, 2009.
    Take notice that on October 13, 2009, Questar Overthrust Pipeline
Company (Overthrust), 180 East 100 South, Salt Lake City, Utah 84111,
filed an application to section 7(c) of the Natural Gas Act (NGA)
seeking authority to expand its interstate natural-gas transmission
system by constructing and operating 43.3 miles of loop pipeline.
Overthrust states that the proposed loop pipeline will generally run
parallel to the existing Overthrust Pipeline from the Rock Springs
Compressor Station in Sweetwater County, Wyoming to a tie-in facility
called Cabin 31, located within Uinta County, Wyoming (The Main Line
(ML) 133 Loop Expansion Project), all as more fully set forth in the
application. This filing is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for
TTY, contact<PHONE_NUMBER>.
    Specifically, The Main Line (ML) 133 Loop Expansion Project will
provide up to approximately 800,000 Dth/d of natural gas from receipt
points on the east end of its system, to delivery points on the west
end of its system. It is further explained that Overthrust has
negotiated three firm Transportation Service Agreements with Wyoming
Interstate Company, Ltd. for up to 548,457 Dth/d of incremental
capacity created by the project. The estimated cost of the proposed
Loop Expansion is $94,288,239.
    Any questions regarding the Main Line (ML) 133 Loop Expansion
Project should be directed to L. Bradley Burton, Manager, Federal
Regulatory Affairs, or Tad M. Taylor, Division Counsel, Questar
Pipeline Company, 180 East 100 South, P.O. Box 45360, Salt Lake City,
Utah 84145-0360 or at<PHONE_NUMBER>, or<EMAIL_ADDRESS>    Overthrust states that by letter dated January 29, 2009, in Docket
No. PF09-6-000, the Commission's Office of Energy Projects granted
Overthrust's January 19, 2009, request to utilize the Commission's Pre-
Filing Process for the planned Loop Expansion. Overthrust has also
submitted an applicant-prepared Draft Environmental Assessment that was
prepared during the Pre-Filing Process that was included with this
application.
    On January 29, 2009, the Commission staff granted Overthrust's
request to utilize the National Environmental Policy Act (NEPA) Pre-
Filing Process and assigned Docket No. PF09-6-000 to staff activities
involving the project. Now, as of the filing of this application on
October 13, 2009, the NEPA Pre-Filing Process for this project has
ended. From this time forward, this proceeding will be conducted in
Docket No. CP10-3-000, as noted in the caption of this notice.
    Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify Federal and State agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all Federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance

with the requirements of the Commission's Rules of Practice and
Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA
(18 CFR 157.10). A person obtaining party status will be placed on the
service list maintained by the Secretary of the Commission and will
receive copies of all documents filed by the applicant and by all other
parties. A party must submit 14 copies of filings made with the
Commission and must mail a copy to the applicant and to every other
party in the proceeding. Only parties to the proceeding can ask for
court review of Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: November 16, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-26248 Filed 10-30-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Rules and Regulations]
[Pages 47574-47580]
[FR Doc No: 2021-18427]

=======================================================================
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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.

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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 https://www.regulations.gov, 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<EMAIL_ADDRESS>
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 https://homeport.uscg.mil/my-homeport/coast-guard-prevention/waterway-management?cotpid=40.
    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.

The public can learn the status of the security zone via an information
release for the public via website https://homeport.uscg.mil/my-homeport/coast-guard-prevention/waterway-management?cotpid=40.

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.
------------------------------------------------------------------------

    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,

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

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<PHONE_NUMBER>
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: https://homeport.uscg.mil/my-homeport/coast-guard-prevention/waterway-management?cotpid=40 as well
as on-scene notice by designated

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