Security Zone, Christina River, Newport, DE, 22868-22870 [2021-08853]

Download as PDF 22868 Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Rules and Regulations Most of the civil monetary penalties TTB administers are imposed by the Internal Revenue Code of 1986, and thus are not subject to the inflation adjustment mandated by the Inflation Adjustment Act. The only civil monetary penalty TTB enforces that is subject to the inflation adjustment is the penalty imposed by the ABLA at 27 U.S.C. 218. jbell on DSKJLSW7X2PROD with RULES TTB Regulations The TTB regulations implementing the ABLA are found in 27 CFR part 16, and the regulations implementing the Inflation Adjustment Act with respect to the ABLA penalty are found in 27 CFR 16.33. This section provides that, in accordance with the ABLA, any person who violates the provisions of this part is subject to a civil penalty of not more than $10,000. Further, pursuant to the provisions of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, this civil penalty is subject to periodic cost-of-living adjustments. Accordingly, any person who violates the provisions of 27 CFR part 16 is subject to a civil penalty of not more than the amount listed at https:// www.ttb.gov/laws-regulations-andpublic-guidance/labeling-act-penalty. Each day constitutes a separate offense. To adjust the penalty, § 16.33(b) states that TTB will provide notice in the Federal Register and at the website mentioned above of cost-of-living adjustments to the civil penalty for violations of 27 CFR part 16. Penalty Adjustment In this document, TTB is adjusting the maximum ABLA penalty, as required by the amended Inflation Adjustment Act. TTB last published a yearly adjustment on April 9, 2019 (Notice No. 180, 84 FR 14614). TTB did not publish an adjustment in 2020. In order to satisfy the annual adjustment requirement, TTB is making the 2021 adjustment in this document. Since adjustments apply to penalties assessed after the effective date of the adjustment, TTB will not assess any penalties based on the amount that would have been the 2020 adjustment, but is including the calculation below to illustrate how it arrived at its 2021 adjustment. As mentioned earlier, the ABLA contains a maximum civil monetary penalty. For such penalties, section 5 of the Inflation Adjustment Act indicates that the inflation adjustment is determined by increasing the maximum penalty by the cost-of-living adjustment. The cost-of-living adjustment means the percentage increase (if any) between the Consumer Price Index for all-urban consumers (CPI–U) for the October VerDate Sep<11>2014 16:13 Apr 29, 2021 Jkt 253001 preceding the date of the adjustment and the prior year’s October CPI–U. The CPI–U in October 2018 was 252.885, and the CPI–U in October 2019 was 257.346. The rate of inflation between October 2018 and October 2019 was therefore 1.764 percent. When applied to the current ABLA penalty of $21,039, this rate of inflation yields a raw (unrounded) inflation adjustment of $371.12796. Rounded to the nearest dollar, this inflation adjustment is $371, meaning that the 2020 maximum civil penalty for violations of the ABLA would have been $21,410. The CPI–U in October 2019 was 257.346, and the CPI–U in October 2020 was 260.388. The rate of inflation between October 2019 and October 2020 was therefore 1.182 percent. When applied to the 2020 ABLA penalty of $21,410 calculated in the previous paragraph, this rate of inflation yields a raw (unrounded) inflation adjustment of $253.0662. Rounded to the nearest dollar, the inflation adjustment is $253, meaning that the new maximum civil penalty for violations of the ABLA will be $21,663. The new maximum civil penalty of $21,663 will apply to all penalties that are assessed after April 30, 2021. TTB will also update its web page at https:// www.ttb.gov/laws-regulations-andpublic-guidance/labeling-act-penalty to reflect the adjusted penalty. Dated: April 23, 2021. Amy R. Greenberg, Director, Regulations and Rulings Division. [FR Doc. 2021–08863 Filed 4–29–21; 8:45 am] BILLING CODE 4810–31–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0285] RIN 1625–AA87 Security Zone, Christina River, Newport, DE Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a security zone for the protection of persons under the protection of the United States Secret Service (USSS) as they transit by vehicle on the route 141 bridge over the Christina River near Newport, Delaware. The security zone will be enforced SUMMARY: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 intermittently and only during times necessary to protect persons under the protection of the USSS as they transit over the bridge and will restrict vessel traffic while the zone is being enforced. 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. DATES: This rule is effective without actual notice from April 30, 2021 through May 17, 2021. For the purposes of enforcement, actual notice will be used from 2 p.m. on April 23, 2021 until April 30, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0285 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 Petty Officer Edmund Ofalt, Sector Delaware Bay, Waterways Management Division, U.S. Coast Guard; telephone 215–271–4814, email Edmund.J.Ofalt@uscg.mil. SUPPLEMENTARY INFORMATION: 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 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 the Coast Guard was not notified by the United States Secret Service of the visit with sufficient time to publish a NPRM prior to the arrival of persons under the protection of the USSS. Delay in promulgating this rule would be impracticable because a security zone is required to be in place by April 23, 2021, to protect these persons under the protection of the USSS in the vicinity of E:\FR\FM\30APR1.SGM 30APR1 Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Rules and Regulations this waterway. The presence of these persons creates unique safety and security concerns. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register for the same reasons discussed above. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Delaware Bay (COTP) has determined that persons under the protection of the USSS transits starting April 23, 2021 present a potential target for terrorist acts, sabatoge, or other subversive acts, accidents, or other causes of a similar nature. Due to the roadway passing over the Christina River, this security zone is necessary to protect these persons, the public, and the surrounding waterway. IV. Discussion of the Rule This rule establishes a temporary security zone from 2 p.m. on April 23, 2021, through 11:59 p.m. on May 17, 2021, on certain waters of the Christina River near Newport, Delaware. 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 proceding 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. This zone will be enforced intermittently during the effective dates. Enforcement of this zone will be broadcast via Broadcast Notice to Mariners on VHF–FM marine channel 16, as well as actual notice via on scene Coast Guard Personnel. No vessel or person will be permitted to enter or remain within this zone without permission from the COTP or a designated representative. jbell on DSKJLSW7X2PROD with RULES V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. VerDate Sep<11>2014 16:13 Apr 29, 2021 Jkt 253001 This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the location, duration and time of year of the security zone. Vessel traffic on this portion of the Christina River is typically limited to recreational traffic. The zone will be enforced intermittently and broadcast via VHF– FM channel 16 allowing vessel traffic time to trainsit outside of enforcement times. The time of year of this security zone has limited recreational traffic due to weather and the potential presence of ice. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the security zone may be small entities, for the reasons stated in section V.A. above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 22869 Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a security zone which will be E:\FR\FM\30APR1.SGM 30APR1 22870 Federal Register / Vol. 86, No. 82 / Friday, April 30, 2021 / Rules and Regulations intermittently enforced over the course of approximately 24 days. 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 amends 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.T05–0285 to read as follows: ■ jbell on DSKJLSW7X2PROD with RULES § 165.T05–0285 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 any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port Delaware Bay (COTP) to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VerDate Sep<11>2014 16:13 Apr 29, 2021 Jkt 253001 VHF–FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of the regulations in this section. Official patrol vessel means any Coast Guard, Coast Guard Auxiliary, State, or local law enforcement vessel assigned or approved by the COTP. USSS protectee means any person for whom the United States Secret Service (USSS) 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 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 request permission to enter or remain in the regulated area contact the COTP or the COTP’s representative on VHF–FM channel 13 or 16. Vessel operators and persons within 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. (1) This security zone is effective without actual notice from April 30, 2021 through May 17, 2021. For the purposes of enforcement, actual notice will be used from 2 p.m. on April 23, 2021 until April 30, 2021. (2) This security zone will be enforced with actual notice by the U.S. Coast Guard representatives on scene, as well as other methods listed in § 165.7. The Coast Guard will enforce the security zone created by this section only when it is necessary for the protection of persons under the protection of the USSS 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. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 Dated: April 23, 2021. Leon McClain, Jr., Captain, U.S. Coast Guard, Acting Captain of the Port, Delaware Bay. [FR Doc. 2021–08853 Filed 4–29–21; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9, 721, and 725 [EPA–HQ–OPPT–2020–0094; FRL–10016– 30] RIN 2070–AB27 Significant New Use Rules on Certain Chemical Substances (20–3.B) Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which were the subject of premanufacture notices (PMNs) and a microorganism that was the subject of a Microbial Commercial Activity Notice (MCAN). This action requires persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this rule. This action further requires that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), and EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any risk management actions as are required as a result of that determination. DATES: This rule is effective on June 29, 2021. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on May 14, 2021. FOR FURTHER INFORMATION CONTACT: For technical information contact: William Wysong, New Chemicals Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–4163; email address: wysong.william@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\30APR1.SGM 30APR1

Agencies

[Federal Register Volume 86, Number 82 (Friday, April 30, 2021)]
[Rules and Regulations]
[Pages 22868-22870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08853]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0285]
RIN 1625-AA87


Security Zone, Christina River, Newport, DE

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a security zone for the 
protection of persons under the protection of the United States Secret 
Service (USSS) 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 necessary to protect 
persons under the protection of the USSS as they transit over the 
bridge and will restrict vessel traffic while the zone is being 
enforced. 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.

DATES: This rule is effective without actual notice from April 30, 2021 
through May 17, 2021. For the purposes of enforcement, actual notice 
will be used from 2 p.m. on April 23, 2021 until April 30, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0285 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 Petty Officer Edmund Ofalt, Sector Delaware Bay, 
Waterways Management Division, U.S. Coast Guard; telephone 215-271-
4814, email [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

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 the Coast Guard was not notified by 
the United States Secret Service of the visit with sufficient time to 
publish a NPRM prior to the arrival of persons under the protection of 
the USSS. Delay in promulgating this rule would be impracticable 
because a security zone is required to be in place by April 23, 2021, 
to protect these persons under the protection of the USSS in the 
vicinity of

[[Page 22869]]

this waterway. The presence of these persons creates unique safety and 
security concerns.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register for the same reasons 
discussed above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Delaware Bay 
(COTP) has determined that persons under the protection of the USSS 
transits starting April 23, 2021 present a potential target for 
terrorist acts, sabatoge, or other subversive acts, accidents, or other 
causes of a similar nature. Due to the roadway passing over the 
Christina River, this security zone is necessary to protect these 
persons, the public, and the surrounding waterway.

IV. Discussion of the Rule

    This rule establishes a temporary security zone from 2 p.m. on 
April 23, 2021, through 11:59 p.m. on May 17, 2021, on certain waters 
of the Christina River near Newport, Delaware. 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 proceding 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.
    This zone will be enforced intermittently during the effective 
dates. Enforcement of this zone will be broadcast via Broadcast Notice 
to Mariners on VHF-FM marine channel 16, as well as actual notice via 
on scene Coast Guard Personnel.
    No vessel or person will be permitted to enter or remain within 
this zone without permission from the COTP or a designated 
representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the location, 
duration and time of year of the security zone. Vessel traffic on this 
portion of the Christina River is typically limited to recreational 
traffic. The zone will be enforced intermittently and broadcast via 
VHF-FM channel 16 allowing vessel traffic time to trainsit outside of 
enforcement times. The time of year of this security zone has limited 
recreational traffic due to weather and the potential presence of ice.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
security zone which will be

[[Page 22870]]

intermittently enforced over the course of approximately 24 days. 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 amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T05-0285 to read as follows:


Sec.  165.T05-0285  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 any Coast Guard commissioned, 
warrant, or petty officer who has been designated by the Captain of the 
Port Delaware Bay (COTP) to act on his or her behalf. The designated 
representative may be on an official patrol vessel or may be on shore 
and will communicate with vessels via VHF-FM radio or loudhailer. In 
addition, members of the Coast Guard Auxiliary may be present to inform 
vessel operators of the regulations in this section.
    Official patrol vessel means any Coast Guard, Coast Guard 
Auxiliary, State, or local law enforcement vessel assigned or approved 
by the COTP.
    USSS protectee means any person for whom the United States Secret 
Service (USSS) 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 request permission to enter or remain 
in the regulated area contact the COTP or the COTP's representative on 
VHF-FM channel 13 or 16. Vessel operators and persons within 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. (1) This security zone is effective without actual 
notice from April 30, 2021 through May 17, 2021. For the purposes of 
enforcement, actual notice will be used from 2 p.m. on April 23, 2021 
until April 30, 2021.
    (2) This security zone will be enforced with actual notice by the 
U.S. Coast Guard representatives on scene, as well as other methods 
listed in Sec.  165.7. The Coast Guard will enforce the security zone 
created by this section only when it is necessary for the protection of 
persons under the protection of the USSS 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: April 23, 2021.
Leon McClain, Jr.,
Captain, U.S. Coast Guard, Acting Captain of the Port, Delaware Bay.
[FR Doc. 2021-08853 Filed 4-29-21; 8:45 am]
BILLING CODE 9110-04-P