Security Zone; Christina River, Newport, DE, 17565-17567 [2021-06637]
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Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Proposed Rules
a. Would FinCEN use of such
processes or procedures be practicable
and appropriate?
b. Would FinCEN use of or reliance
on existing processes and procedures
help to lessen the costs to state, local,
and tribal government agencies, or
would it increase those costs?
c. Would FinCEN use of existing
Federal, state, local, and tribal processes
and procedures help to lessen the costs
to small businesses affected by CTA
requirements, or would it increase those
costs?
(48) The process of forming legal
entities may have ramifications that
extend beyond the legal and economic
consequences for legal entities
themselves, and the reporting of
beneficial ownership information about
legal entities may have ramifications
that extend beyond the effect of
mobilizing such information for AML/
CFT purposes. How can FinCEN best
engage representatives of civil society
stakeholders that may not be directly
affected by a beneficial ownership
information reporting rule but that are
concerned for such larger ramifications?
V. Regulatory Planning and Review
This advance notice of proposed
rulemaking is a significant regulatory
action under Executive Order 12866 and
has been reviewed by the Office of
Management and Budget.
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VI. Conclusion
Implementing an effective system to
identify, collect, and permit authorized
uses of beneficial ownership
information will strengthen U.S.
national security and the integrity of the
U.S. financial system, and protect
people from harm. With this ANPRM,
FinCEN seeks input on how FinCEN
should implement such a system,
consistent with the requirements of the
CTA, to maximize benefits while
minimizing burdens on reporting
companies. FinCEN seeks input from
the public on the questions set forth
above, including from regulated parties;
state, local, and Tribal governments; law
enforcement; regulators; other
consumers of BSA data; and any other
interested parties. FinCEN also
welcomes comments on all aspects of
the ANPRM and any other aspects of
implementation of the CTA. FinCEN
encourages all interested parties to
provide their views.
By the Department of the Treasury.
AnnaLou Tirol,
Deputy Director, Financial Crimes
Enforcement Network.
[FR Doc. 2021–06922 Filed 4–1–21; 8:45 am]
BILLING CODE 4810–02–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0131]
RIN 1625–AA87
Security Zone; Christina River,
Newport, DE
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard is proposing
to establish a security zone for the
protection of Very Important Persons
(VIPs) as they transit by vehicle on the
route 141 bridge over the Christina
River near Newport, Delaware. The
security zone will be enforced
intermittently and only during times of
a protected VIP transit over the bridge
and will restrict vessel traffic while the
zone is being enforced. This proposed
rulemaking would prohibit persons and
vessels from entering or remaining
within the security zone unless
authorized by the Captain of the Port
Delaware Bay or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 5, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2021–0131 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Petty Officer
Jennifer Padilla, Sector Delaware Bay,
Waterways Management Division, U.S.
Coast Guard; telephone 215–271–4814,
Jennifer.L.Padilla@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
VIPs Very Important Persons
II. Background, Purpose, and Legal
Basis
These VIP visits require the
implementation of heightened security
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17565
measures for protection of VIPs who
may travel on the route 141 bridge over
the Christina River in Newport,
Delaware. Due to the roadway passing
over the Christina River, this security
zone is necessary to protect VIPs, the
public, and the surrounding waterway.
To date in the year 2021 there have been
4 requests for security zones at this
location. As a result, the Coast Guard
had to issue numerous temporary
security zones. Continued requests for
this security zone are expected through
2024.
The purpose of this proposed
rulemaking is to protect the VIPs and
the public from destruction, loss, or
injury from sabotage, subversive acts, or
other malicious or potential terrorist
acts. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The Captain of the Port Delaware Bay
(COTP) is proposing to establish a
security zone for the protection of Very
Important Persons (VIPs) as they transit
by vehicle on the route 141 bridge over
the Christina River near Newport,
Delaware. This rule is necessary to
expedite the establishment and
enforcement of this security zone when
short notice is provided to the COTP for
VIPs traveling over the route 141 bridge.
The security zone is bounded on the
east by a line drawn from 39°42.55′
North Latitude (N), 075°35.88′ West
Longitude (W), thence southerly to
39°42.50′ N, 075°35.87′ W proceeding
from shoreline to shoreline on the
Christina River in a westerly direction
where it is bounded by the South James
Street Bridge at 39°42.63′ N, 075°36.53
W. No vessel or person would be
permitted to enter the security zone
without obtaining permission from the
COTP or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
E:\FR\FM\05APP1.SGM
05APP1
17566
Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Proposed Rules
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the duration of the security
zone would not significantly impact
vessel traffic due to the limited amount
of time it takes for the VIPs to transit
over the route 141 bridge. Vessel traffic
on this portion of the Christina River is
typically limited to recreational traffic.
When the security zone is enforced, the
COTP will issue a broadcast via VHF–
FM channel 16 allowing vessel traffic
time to transit outside of enforcement
times.
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the security
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
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C. Collection of Information
This proposed rule would not call for
a new collection of information under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
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Fmt 4702
Sfmt 4702
the human environment. This proposed
rule involves a security zone for the
protection of Very Important Persons
(VIPs) as they transit by vehicle on the
route 141 bridge over the Christina
River near Newport, Delaware.
Normally such actions are 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 preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
E:\FR\FM\05APP1.SGM
05APP1
Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Proposed Rules
website’s instructions. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive. If
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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. 0170.1.
■
2. Add § 165.560 to read as follows:
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§ 165.560 Security Zone; Christina River,
Newport, DE.
(a) Location. The following area is a
security zone: All waters of the
Christina River, from shoreline to
shoreline bounded on the east by a line
drawn from 39°42.55′ North Latitude
(N), 075°35.88′ West Longitude (W),
thence southerly to 39°42.50′ N,
075°35.87′ W thence along the Christina
River in a westerly direction and
bounded by the South James Street
Bridge at 39°42.63′ N, 075°36.53 W.
These coordinates are based on North
American Datum 83 (NAD83).
(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.
Official Patrol Vessel means any Coast
Guard, Coast Guard Auxiliary, State, or
local law enforcement vessel assigned or
approved by the COTP.
Very Important Person (VIP) 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).
(c) Regulations. (1) In accordance with
the general regulations contained in
§ 165.33, entry into or movement within
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this zone 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. 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.
(d) Enforcement. 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
§ 165.7. The Coast Guard will enforce
the security zone created by this section
only when it is necessary for the
protection of VIPs traveling across the
route 141 bridge in Newport, Delaware.
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 24, 2021.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the
Port, Delaware Bay.
[FR Doc. 2021–06637 Filed 4–2–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0476; FRL–10021–
53–Region 9]
Air Plan Approval; California; Antelope
Valley Air Quality Management District,
East Kern Air Pollution Control
District, and Yolo-Solano Air Quality
Management District; Combustion
Sources
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
SUMMARY:
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17567
revisions to the Antelope Valley Air
Quality Management District
(AVAQMD), East Kern Air Pollution
Control District (EKAPCD), and YoloSolano Air Quality Management District
(YSAQMD) portions of the California
State Implementation Plan (SIP). These
revisions concern emissions of oxides of
nitrogen (NOX) from boilers, steam
generating units, process heaters, and
stationary internal combustion engines.
We are proposing to approve local rules
to regulate these emission sources under
the Clean Air Act (CAA or the Act). We
are taking comments on this proposal
and plan to follow with a final action.
Any comments must arrive by
May 5, 2021.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2020–0476 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. If you need
assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone at (415) 972–3073 and
by email at gong.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
E:\FR\FM\05APP1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Proposed Rules]
[Pages 17565-17567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06637]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0131]
RIN 1625-AA87
Security Zone; Christina River, Newport, DE
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a security zone for
the protection of Very Important Persons (VIPs) as they transit by
vehicle on the route 141 bridge over the Christina River near Newport,
Delaware. The security zone will be enforced intermittently and only
during times of a protected VIP transit over the bridge and will
restrict vessel traffic while the zone is being enforced. This proposed
rulemaking would prohibit persons and vessels from entering or
remaining within the security zone unless authorized by the Captain of
the Port Delaware Bay or a designated representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 5, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0131 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Jennifer Padilla,
Sector Delaware Bay, Waterways Management Division, U.S. Coast Guard;
telephone 215-271-4814, [email protected].
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
VIPs Very Important Persons
II. Background, Purpose, and Legal Basis
These VIP visits require the implementation of heightened security
measures for protection of VIPs who may travel on the route 141 bridge
over the Christina River in Newport, Delaware. Due to the roadway
passing over the Christina River, this security zone is necessary to
protect VIPs, the public, and the surrounding waterway. To date in the
year 2021 there have been 4 requests for security zones at this
location. As a result, the Coast Guard had to issue numerous temporary
security zones. Continued requests for this security zone are expected
through 2024.
The purpose of this proposed rulemaking is to protect the VIPs and
the public from destruction, loss, or injury from sabotage, subversive
acts, or other malicious or potential terrorist acts. The Coast Guard
is proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The Captain of the Port Delaware Bay (COTP) is proposing to
establish a security zone for the protection of Very Important Persons
(VIPs) as they transit by vehicle on the route 141 bridge over the
Christina River near Newport, Delaware. This rule is necessary to
expedite the establishment and enforcement of this security zone when
short notice is provided to the COTP for VIPs traveling over the route
141 bridge. The security zone is bounded on the east by a line drawn
from 39[deg]42.55' North Latitude (N), 075[deg]35.88' West Longitude
(W), thence southerly to 39[deg]42.50' N, 075[deg]35.87' W proceeding
from shoreline to shoreline on the Christina River in a westerly
direction where it is bounded by the South James Street Bridge at
39[deg]42.63' N, 075[deg]36.53 W. No vessel or person would be
permitted to enter the security zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under
[[Page 17566]]
Executive Order 12866. Accordingly, the NPRM has not been reviewed by
the Office of Management and Budget (OMB).
This regulatory action determination is based on the duration of
the security zone would not significantly impact vessel traffic due to
the limited amount of time it takes for the VIPs to transit over the
route 141 bridge. Vessel traffic on this portion of the Christina River
is typically limited to recreational traffic. When the security zone is
enforced, the COTP will issue a broadcast via VHF-FM channel 16
allowing vessel traffic time to transit outside of enforcement times.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a security
zone for the protection of Very Important Persons (VIPs) as they
transit by vehicle on the route 141 bridge over the Christina River
near Newport, Delaware. Normally such actions are 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 preliminary
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that
[[Page 17567]]
website's instructions. We review all comments received, but we will
only post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive. If you go to the online docket and sign up for email
alerts, you will be notified when comments are posted or a final rule
is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 165.560 to read as follows:
Sec. 165.560 Security Zone; Christina River, Newport, DE.
(a) Location. The following area is a security zone: All waters of
the Christina River, from shoreline to shoreline bounded on the east by
a line drawn from 39[deg]42.55' North Latitude (N), 075[deg]35.88' West
Longitude (W), thence southerly to 39[deg]42.50' N, 075[deg]35.87' W
thence along the Christina River in a westerly direction and bounded by
the South James Street Bridge at 39[deg]42.63' N, 075[deg]36.53 W.
These coordinates are based on North American Datum 83 (NAD83).
(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.
Official Patrol Vessel means any Coast Guard, Coast Guard
Auxiliary, State, or local law enforcement vessel assigned or approved
by the COTP.
Very Important Person (VIP) 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).
(c) Regulations. (1) In accordance with the general regulations
contained in Sec. 165.33, entry into or movement within this zone 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. 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.
(d) Enforcement. This security zone will be enforced with actual
notice by the U.S. Coast Guard representatives on scene, as well as
other methods listed in Sec. 165.7. The Coast Guard will enforce the
security zone created by this section only when it is necessary for the
protection of VIPs traveling across the route 141 bridge in Newport,
Delaware. 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 24, 2021.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2021-06637 Filed 4-2-21; 8:45 am]
BILLING CODE 9110-04-P
