Security Zones; Lewes and Rehoboth Canal and Atlantic Ocean, Rehoboth, DE, 47574-47580 [2021-18427]

Download as PDF 47574 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations BILLING CODE 6717–01–C United States of America Federal Energy Regulatory Commission Data Collection for Analytics and Surveillance and Market-Based Rate Purposes Docket No. RM16–17–000 (August 19, 2021) jbell on DSKJLSW7X2PROD with RULES DANLY, Commissioner, dissenting: 1. I dissent from today’s order adopting the proposal to collect additional information for the relational database.1 With this issuance, the Commission now requires further submissions from market-based rate sellers with upstream affiliates holding blanket authorizations under Federal Power Act (FPA) section 203(a)(2).2 This additional administrative burden which we now foist upon these entities is unnecessary (and therefore unjustifiable) because the information we will glean simply cannot aid us as the majority supposes. 2. Earlier this year, in a separate proceeding, Commissioner Chatterjee and I concurred in an order denying a petition for declaratory order filed by NextEra Energy, Inc. and a number of other utilities. In that order, the Commission seized upon the opportunity to reiterate public utilities’ reporting obligations regarding the informational database.3 Although we concurred in the result of that order, we objected to inclusion of institutional investors in the relational database as a pointless regulatory burden with little to no value.4 Many of the objections we offered in that concurrence are equally applicable to this order. I recite those objections in large measure here. 3. As today’s order recognizes, in NextEra, the Commission found that as a result of the conditions in a section 203(a)(2) blanket authorization, institutional investors subject to a section 203(a)(2) blanket authorization lack the ability to control the utilities whose voting securities they acquire. 59 The North American Industry Classification System (NAICS) is an industry classification system that Federal statistical agencies use to categorize businesses for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. economy. United States Census Bureau, North American Industry Classification System, https:// www.census.gov/eos/www/naics/. 60 13 CFR 121.201 (Sector 22—Utilities). To be conservative, we are using a small business threshold of 1,000 employees. 1 Data Collection for Analytics & Surveillance & Mkt.-Based Rate Purposes, 176 FERC ¶ 61,109 (2021) (August 2021 Order); see also Data Collection for Analytics & Surveillance & Mkt.Based Rate Purposes, 174 FERC ¶ 61,214 (2021); Data Collection for Analytics & Surveillance & Mkt.Based Rate Purposes, Order No. 860, 168 FERC ¶ 61,039 (2019), order on reh’g and clarification, Order No. 860–A, 170 FERC ¶ 61,129 (2020). VerDate Sep<11>2014 16:08 Aug 25, 2021 Jkt 253001 The Commission concluded that, because those conditions prevent institutional investors from exercising control over those utilities, utilities commonly owned by an institutional investor are not affiliates of each other under 18 CFR 35.36(a)(9)(iv), so long as their common institutional investor owner complies with the conditions imposed as part of a section 203(a)(2) blanket authorization.5 The Commission thus acknowledged that, in conditioning those blanket authorizations, institutional investors were prevented from exercising control over utilities by acquiring their securities. 4. That determination remains true. Under our current regime, there is little to no value in listing institutional investors as the ultimate upstream affiliate of market-based rate sellers in the relational database. The Commission grants blanket authorizations premised on the finding that the institutional investors can exercise no control over the utilities whose securities they have purchased and that the acquisition would not adversely affect competition.6 The conclusion that the institutional investors cannot exercise control or influence sellers so as to affect market power is confirmed by our holding that sellers under common control of an institutional investor are not affiliates. Indeed, it could not be otherwise. 5. Given those predicate determinations, I cannot understand why the Commission believes it important to include institutional investors in a database that is designed to enable the Commission to monitor the opportunity for market-based rate sellers to exercise market power. For the same reason, I do not understand why the Commission should require change in status filings to be made whenever an institutional investor’s ownership of the seller’s voting securities crosses the 10% threshold. To the extent that a particular institutional investor’s ownership of voting securities ever becomes relevant to the Commission because it may have violated the conditions of its authorization, that information is easily ascertainable from the quarterly informational filings we require as a condition of granting the blanket authorizations.7 6. There is a simple solution that would allow the Commission to eliminate the requirement to include 5 August 2021 Order, 176 FERC ¶ 61,109 at P 4 (citations omitted). 6 See, e.g., Legg Mason, Inc., 121 FERC ¶ 61,061, at P 26 (2007). 7 See, e.g., id. P 30. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 institutional investors in the relational database and in change of status filings without waiving the applicability of section 35.36(a)(9)(i) of our regulations. Section 35.36(b) provides: ‘‘The provisions of this subpart apply to all Sellers authorized, or seeking authorization, to make sales for resale of electric energy, capacity or ancillary services at market-based rates unless otherwise ordered by the Commission.’’ 8 Here the Commission could have—and in my opinion should have—used this authority to order that sellers are not obligated to report institutional investors in the relational database or to make change in status filings when institutional investor holdings cross the 10% voting security threshold. The Commission would also need to make a minor amendment to its relational database regulations to provide that when an institutional investor is the ultimate upstream affiliate, sellers should instead list the next highest upstream affiliate in the database. For example, subsidiaries of NextEra should list NextEra as the ultimate upstream affiliate in the database if any institutional investor owns 10% or more of NextEra pursuant to a blanket authorization. 7. I appreciate that the Commission has acted to reduce the burden on sellers resulting from the requirement to include institutional investors in the relational database and in change-instatus filings. But a pointless regulatory burden is a pointless regulatory burden, no matter how small. For these reasons, I respectfully dissent. llllllllllllllllll James P. Danly, Commissioner. [FR Doc. 2021–18283 Filed 8–25–21; 8:45 am] BILLING CODE 6717–01–P 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 Coast Guard, DHS. Final rule. AGENCY: ACTION: 8 18 E:\FR\FM\26AUR1.SGM CFR 35.36(b) (emphasis added). 26AUR1 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 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.’’ SUMMARY: 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 Edmund.J.Ofalt@usccg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 jbell on DSKJLSW7X2PROD with RULES 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. VerDate Sep<11>2014 16:08 Aug 25, 2021 Jkt 253001 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 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 47575 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°44.36′ North Latitude (N), 075°5.32′ West Longitude (W), thence easterly to 38°44.37′ N, 075°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°43.89′ N, 075°5.31′ W, thence easterly to 38°43.90′ N, 075°5.07′ W thence northerly across the entrance to the yacht basin to 38°43.93′ N, 075°5.09′ W. Security Zone Two extends 500 yards seaward from the shoreline, into the Atlantic Ocean beginning at 38° 44.86′ N, 075° 4.83′ W, proceeding southerly along the shoreline to 38°43.97′ N, 075°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/myhomeport/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 onscene 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. E:\FR\FM\26AUR1.SGM 26AUR1 47576 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 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/coastguard-prevention/waterwaymanagement?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. 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. This rule will secure the area to meet objectives of the USSS and keep USSS protectees safe. Unquantified Costs .......................... Unquantified Benefits ...................... 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 twothirds 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 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 jbell on DSKJLSW7X2PROD with RULES Months Vessels transiting the canal per day January through March ............................................................................ April ........................................................................................................... May through September ........................................................................... October through December ...................................................................... 1 Dewey Beach lies on the isthmus between Rehoboth Bay and the Atlantic Ocean south of VerDate Sep<11>2014 16:08 Aug 25, 2021 Jkt 253001 20 vessels per 75 vessels per More than 200 50 vessels per day. day. vessels per day. day. Rehoboth beach and north of the Delaware Seashore State Park. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\26AUR1.SGM 26AUR1 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 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. jbell on DSKJLSW7X2PROD with RULES (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 VerDate Sep<11>2014 16:08 Aug 25, 2021 Jkt 253001 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 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 47577 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, E:\FR\FM\26AUR1.SGM 26AUR1 47578 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 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: jbell on DSKJLSW7X2PROD with RULES 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. VerDate Sep<11>2014 16:08 Aug 25, 2021 Jkt 253001 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 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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 E:\FR\FM\26AUR1.SGM 26AUR1 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 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 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. ■ 2. Add § 165.561 to read as follows:. jbell on DSKJLSW7X2PROD with RULES § 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° 44.35′ North Latitude (N), 075°5.32′ West Longitude (W), thence easterly to 38°44.37′ N, 075°5.31′ W proceeding from shoreline to shoreline on the VerDate Sep<11>2014 16:08 Aug 25, 2021 Jkt 253001 Lewes and Rehoboth Canal in a Southeasterly direction where it is bounded by a line drawn from 38°43.89′ N, 075°5.31′ W, thence easterly to 38°43.90′ N, 075°5.07′ W thence northerly across the entrance to the yacht basin to 38°43.93′ N, 075° 5.09′ W. (2) Security zone two: All waters of the Atlantic Ocean extending 500 yards seaward from a line beginning at 38°44.86′ N, 075°4.86′ W, proceeding southerly along the shoreline to 38°43.97′ N, 075°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 § 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 caseby-case basis. A person or vessel operator requesting permission to enter or transit the security zone may contact the COTP or designated representative at 215–271–4807 or on marine band radio VHF–FM channel 16 (156.8 MHz), PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 47579 or by visually or verbally hailing the onscene 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/myhomeport/coast-guard-prevention/ waterway-management?cotpid=40 as well as on-scene notice by designated E:\FR\FM\26AUR1.SGM 26AUR1 47580 Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2021–0341; FRL–8728–02– R9] Severe Area Submission Requirements for the 2008 Ozone NAAQS; California; Eastern Kern Nonattainment Area Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: Under the Clean Air Act, the Environmental Protection Agency (EPA) is establishing a schedule for the the California Air Resources Board (CARB) to submit revisions to the state implementation plan (SIP) addressing ‘‘Severe’’ area requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) for the Eastern Kern nonattainment area (‘‘Eastern Kern’’). CARB will be required to submit SIP revisions addressing Severe area requirements for Eastern Kern, including revisions to new source review (NSR) rules, no later than January 7, 2023. Submittal of any necessary revisions to the title V rules that apply in Eastern Kern are due no later than January 7, 2022. Lastly, the EPA is establishing a deadline for implementation of new reasonably available control technology (RACT) rules as expeditiously as practicable but no later than July 7, 2024. DATES: This rule is effective September 27, 2021. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2021–0341. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:08 Aug 25, 2021 Jkt 253001 Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. 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. FOR FURTHER INFORMATION CONTACT: Ben Leers, Air Planning Office (AIR–2), EPA Region IX, (415) 947–4279, leers.ben@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Background II. Public Comment Period III. Final Action IV. Statutory and Executive Order Reviews I. Background On June 7, 2021, the EPA issued a final rulemaking granting a request by CARB to reclassify Eastern Kern from ‘‘Serious’’ to Severe for the 2008 ozone NAAQS under section 181(b)(3) of the Clean Air Act (CAA).1 Our reclassification of Eastern Kern from Serious to Severe is in effect as of July 7, 2021. In a separate document published on June 7, 2021, the EPA proposed a schedule for CARB to submit revisions to the California SIP addressing Severe area requirements for the 2008 ozone NAAQS and to submit revisions to the title V operating permit rules for Eastern Kern.2 Our June 7, 2021 proposed rule includes background information concerning the EPA’s promulgation of the 2008 ozone NAAQS and history of the designation and classification of Eastern Kern for the 2008 ozone NAAQS. Our proposed rule also describes the Severe area SIP requirements that apply to Eastern Kern as a result of the reclassification and proposes a schedule for CARB to submit Severe area SIP requirements and title V rule revisions. More specifically, in our proposed rule, we proposed to establish a deadline for CARB to submit SIP revisions addressing Severe area requirements for Eastern Kern, including revisions to NSR rules, no later than 18 months from the effective date of the EPA’s final rule reclassifying Eastern Kern to Severe for the 2008 ozone NAAQS. We also proposed to 1 86 2 86 PO 00000 FR 30204. FR 30234. Frm 00040 Fmt 4700 Sfmt 4700 establish a deadline of no later than six months from the effective date of the reclassification for CARB to submit any corresponding revisions to title V rules for Eastern Kern. Lastly, we proposed to establish a deadline for implementation of new RACT rules in Eastern Kern as expeditiously as practicable but no later than 18 months from the date when the Severe area RACT SIP is due. The effective date of the EPA’s final rule reclassifying Eastern Kern to Severe for the 2008 ozone NAAQS is July 7, 2021. In this final rule, we are taking final action to establish the various deadlines based on the July 7, 2021 effective date for reclassification. II. Public Comment Period The public comment period on the proposed rule opened on June 7, 2021, the date of its publication in the Federal Register, and closed on July 7, 2021. During this period, the EPA did not receive any comments on our proposed action. III. Final Action For the reasons described in our June 7, 2021 proposed rule, the EPA is invoking its CAA section 301(a) authority to establish a deadline of no later than January 7, 2023 (i.e., 18 months from the effective date of our final rule reclassifying Eastern Kern as Severe) for CARB to submit SIP revisions addressing all Severe area SIP elements for the Eastern Kern ozone nonattainment area. We are also establishing a deadline of January 7, 2022 (i.e., six months from the effective date of reclassification to Severe) for CARB to submit any necessary revisions to title V rules for Eastern Kern. Lastly, the EPA is establishing a deadline for implementation of Severe area RACT controls in Eastern Kern as expeditiously as practicable but no later than July 7, 2024 (i.e., 18 months from the date when the Severe area RACT SIP is due, or 36 months from the effective date of reclassification to Severe). IV. Statutory and Executive Order Reviews Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. Because the statutory requirements are clearly defined with respect to the differently classified areas, and because those requirements are automatically triggered by classification, the timing of the submittal of the Severe area requirements does not impose a materially adverse impact under E:\FR\FM\26AUR1.SGM 26AUR1

Agencies

[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Rules and Regulations]
[Pages 47574-47580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18427]


=======================================================================
-----------------------------------------------------------------------

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.

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

[[Page 47575]]

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 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

    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.

[[Page 47576]]

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


[[Page 47577]]

    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,

[[Page 47578]]

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

[[Page 47579]]

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 215-271-4807 
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

[[Page 47580]]

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