Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Proposed Rules 73055 

II. Background, and Purpose 

In the past twelve months, there have 

been two suspicious activities that 

required immediate response actions to 

safeguard the personnel and property of 

the Base Los Angeles-Long Beach on 

Terminal Island within the main 

channel of Los Angeles Harbor (Coast 

Guard base). To help address this threat 

in a proactive manner, we are requesting 

comments on establishing a security 

zone. This proposed security zone could 

enable adequate response activities and 

limit unnecessary introduction of 

security hazards to U.S. Government 

property and personnel. 

The Coast Guard is considering 

proposing a security zone extending 

alongside Terminal Island within the 

bounds of the Coast Guard Base with a 

50-yard radius within the Los Angeles 

Main Channel in San Pedro Bay, CA. No 

vessels will be able to loiter or anchor 

within this area, if established. 

IV. Information Requested 

To appropriately secure the Coast 

Guard Base while considering public 

use of the surrounding area, we are 

requesting your comments prior to 

publishing a proposed rule. We request 

comments on the proposed 

establishment of a security zone for 

navigable waters within a 50-yard 

radius of Base Los Angeles-Long Beach 

on Terminal Island within the main 

channel of Los Angeles Harbor. This 

proposed action would provide for the 

security of Coast Guard personnel, 

vessels, and property. We seek your 

comments on establishment of a 

proposed security zone and the 

proposed 50-yard radius. 

Do you agree or disagree with the 

proposed radius and location of the 

zone? If not, what is your proposed 

distance of the zone from shore? Do you 

have any suggested alternatives? 

V. Public Participation and Request for 

Comments 

We encourage you to submit 

comments in response to this notice of 

inquiry through the Federal Decision 

Making portal at https://

www.regulations.gov. To do so, go to 

https://www.regulations.gov, type 

USCG–2024–0083 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. In your submission, 

please include the docket number for 

this notice of inquiry and provide a 

reason for each suggestion or 

recommendation. If your material 

cannot be submitted using https://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

Public comments will also be placed 

in our online docket and can be viewed 

by following instructions on the https:// 

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we may choose 

not to post off-topic, inappropriate, or 

duplicate comments that we receive. 

We accept anonymous comments. 

Comments we post to https://

www.regulations.gov will include any 

personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

We plan to hold one public meeting 

virtually. The public meeting will take 

place at 10 a.m. on September 23, 2024. 

For information on facilities or services 

for individuals with disabilities or to 

request special assistance at the public 

meeting, contact the person named in 

the FOR FURTHER INFORMATION CONTACT

section, above. 

This document is issued under 

authority of 5 U.S.C. 552(a). 

Dated: August 21, 2024. 

S.L. Crecy, 

Captain, U.S. Coast Guard, Captain of the 

Port Los Angeles—Long Beach. 

[FR Doc. 2024–20187 Filed 9–6–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0680] 

RIN 1625–AA00 

Safety Zone; Waterway Training Area, 

Delaware River, Near Eddystone, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a safety zone for certain 

waters of the Delaware River. This 

action is necessary to provide for the 

safety of life on the navigable waters on 

a portion of the Delaware River near 

Eddystone, PA, during non-lethal 

signaling and warning device training 

conducted from onboard U.S. Coast 

Guard vessels. This proposed 

rulemaking would prohibit persons and 

vessels from being in the safety zone 

unless authorized by the Captain of the 

Port (COTP), Sector Delaware Bay or a 

designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before October 9, 2024. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2024–0680 using the Federal DecisionMaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. This notice of proposed 

rulemaking with its plain-language, 100- 

word-or-less proposed rule summary 

will be available in this same docket. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email MST1 Dylan 

Caikowski, Waterways Management 

Division, U.S. Coast Guard Sector 

Delaware Bay; (215) 271–4814, 

SecDelBayWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NM Nautical mile 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The U.S. Coast Guard is charged with 

numerous responsibilities to protect 

inland and coastal waterways. Missions 

include maritime law enforcement, 

search and rescue, marine 

environmental response, protection of 

marine sanctuaries, alien migration 

interdiction, drug interdiction, boating 

safety, port safety and security, and 

military support. One of the tools the 

Coast Guard uses to help execute these 

missions when encountering a noncompliant vessel is the LA51. 

The LA51 is a non-lethal signaling 

and warning device Coast Guard 

personnel use during law enforcement 

operations for getting the attention of 

vessels which do not respond to orders 

from the Coast Guard. The LA51 is a 

two-part (flash bang) ammunition round 

fired from a 12-gauge military shotgun 

to produce a visible signal at a range of 

100 meters. The explosive pyrotechnic 

flash is a bright, white light lasting less 

than one second with a loud report (170 

decibels at the source). 

To maintain ports, waterways, and 

coastal security mission readiness, Coast 

Guard personnel within the Sector 


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73056 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Proposed Rules 

Delaware Bay COTP Zone must conduct 

LA51 device training. At the present 

time, Coast Guard personnel within the 

Sector Delaware Bay COTP Zone must 

transit beyond the 12 NM baseline to 

conduct LA51 device training. This is a 

logistical and financial burden for the 

units within Sector Delaware Bay COTP 

Zone and it limits training 

opportunities. To better accommodate 

the Sector’s training needs, the COTP 

Sector Delaware Bay is proposing to 

establish a safety zone shoreward of the 

12 nautical miles (NM) baseline for use 

as a waterway training area. 

Although the LA51 has a low risk of 

significant injury, there is some risk of 

injury or death resulting from near or 

actual contact among training vessels 

and waterway users. This risk would 

increase if normal vessel traffic were to 

interfere with a training event. As 

training vessels would be operating near 

designated navigation channels, as well 

near approaches to local public boat 

ramps, private marinas and yacht clubs, 

and waterfront businesses, the chance of 

such contact cannot be discounted. The 

COTP Sector Delaware Bay has therefore 

determined that potential hazards 

associated with the LA51 device 

trainings would be a safety concern for 

anyone within the waterway training 

areas. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within the waterway 

training area before, during, and after 

the training events. The proposed safety 

zone waterway training area would only 

be used to conduct LA51 device training 

as needed for Coast Guard Law 

Enforcement training requirements. And 

the COTP Sector Delaware Bay would 

only activate the safety zone, making 

subject to enforcement, during periods 

when training was being conducted. If 

this permanent Coast Guard waterway 

training area safety zone was not 

established, the COTP Sector Delaware 

Bay would need to establish a 

temporary safety zone multiple times for 

LA51 training. The Coast Guard is 

proposing this rulemaking under 

authority in 46 U.S.C. 70034. 

III. Discussion of Proposed Rule 

The COTP Sector Delaware Bay is 

proposing to establish a safety zone for 

use as a waterway training area. The 

safety zone would only be subject to 

enforcement for periods when training 

was to take place. 

The waterway training area includes 

all navigable waters, on a portion of the 

Delaware River, encompassed by a line 

connecting the following points 

beginning at latitude 39°51′05.4′′ N, 

longitude 075°20′17.4′′ W; thence east to 

latitude 39°51′42.0′′ N, longitude 

075°18′39.6′′ W; thence south to latitude 

39°50′38.4′′ N, longitude 075°18′09.0′′ 

W; thence west to latitude 39°50′05.4′′ 

N, longitude 075°19′37.2′′ W; and thence 

north back to the beginning point. These 

coordinates are based on Datum WGS 

84. The waterway training area is 

located near Eddystone, PA, west of 

Little Tinicum Island and east of 

Chester Island. The safety zone is a 

square in shape measuring 

approximately 2,500 yards in length and 

approximately 2,500 yards in width. 

The proposed waterway training area 

would be located within a portion of the 

main navigable channel in the Delaware 

River. Although this safety zone 

encompasses a portion of the main 

navigational channel in the Delaware 

River that is used by the commercial 

and recreational vessels, vessel traffic in 

this area would be able to safely transit 

through the safety zone, after obtaining 

permission from the COTP Sector 

Delaware Bay or a designated 

representative. The Coast Guard would 

ensure appropriate monitoring of the 

waterway while the safety zone is 

activated. 

The Coast Guard anticipates that the 

proposed safety zone would be activated 

for approximately two hours on six 

separate occasions annually—a total of 

approximately 12 annual enforcement 

hours for the zone. The Coast Guard 

anticipates that it would activate the 

zone at various times of the year during 

daylight hours only. Whenever a LA51 

device training event is planned, the 

COTP Sector Delaware Bay would notify 

the maritime community of the 

enforcement dates and times of the 

safety zone as the training event 

dictates. Such notification would be 

made by broadcast or local notice to 

mariners, on-scene oral notice, or other 

appropriate means in accordance with 

33 CFR 165.7. 

The duration and enforcement of the 

zone is intended to ensure the safety of 

vessels and these navigable waters 

before, during, and after these training 

events. Except for training participants, 

no vessel or person would be permitted 

to enter the safety zone without 

obtaining permission from the COTP 

Sector Delaware Bay or a designated 

representative. The regulatory text we 

are proposing appears at the end of this 

document. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, the NPRM has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, duration, and 

location of the safety zone. It is 

anticipated that the safety zone will be 

activated for six separate events 

annually. Vessel traffic will be able to 

safely transit through the safety zone 

while being enforced, with permission 

from the COTP Sector Delaware Bay or 

a designated representative by 

telephone at (215) 271–4807 or on VHF– 

FM radio channel 16. The impact to the 

Delaware River would be for 

approximately 2 hours or less. 

Moreover, the Coast Guard will release 

the details of the zone via a Broadcast 

Notice to Mariners on VHF–FM radio 

channel 16 and publish in the Local 

Notice to Mariners. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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qualifies and how and to what degree 

this rule would economically affect it. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule. If the 

proposed rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would not call for 

a new collection of information under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132 

(Federalism), if it has a substantial 

direct effect on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. We have analyzed 

this proposed rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination With Indian Tribal 

Governments) because it would not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

potential effects of this proposed rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Directive 023–01, Rev. 1, 

associated implementing instructions, 

and Environmental Planning 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves a safety zone lasting 

approximately two hours on six separate 

occasions annually for LA51 device 

training. Normally such actions are 

categorically excluded from further 

review under paragraph L60(a) of 

appendix A, table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision-Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2024–0680 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. Also, if you click 

on the Dockets tab and then the 

proposed rule, you should see a 

‘‘Subscribe’’ option for email alerts. The 

option will notify you when comments 

are posted, or a final rule is published. 

We review all comments received, but 

we will only post comments that 

address the topic of the proposed rule. 

We may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.523 to read as follows: 

§ 165.523 Safety Zone; Waterway Training 

Area, Sector Delaware Bay Captain of the 

Port Zone 

(a) Location. All navigable waters, on 

a portion of the Delaware River, 

encompassed by a line connecting the 

following points beginning at latitude 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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39°51′05.4′′ N, longitude 075°20′17.4′′ 

W; thence east to latitude 39°51′42.0′′ N, 

longitude 075°18′39.6′′W; thence south 

to latitude 39°50′38.4′′ N, longitude 

075°18′09.0′′ W; thence west to latitude 

39°50′05.4′′ N, 075°19′37.2′′ W; and 

thence north back to the beginning 

point. (WGS 84) 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer onboard a Coast Guard vessel or 

onboard a federal, state, or local law 

enforcement vessel assisting the Captain 

of the Port (COTP), Sector Delaware Bay 

in the enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter or remain 

in the safety zone described in 

paragraph (a) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter or 

remain in the zone, contact the COTP or 

the COTP’s representative via VHF–FM 

channel 16 or (215) 271–4807. Those in 

the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(3) No vessel authorized to enter or 

remain in the zone may take on bunkers 

or conduct lightering operations within 

the safety zone during its enforcement 

period. 

(4) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. (1) The safety zone 

created by this section will be enforced 

only upon issuance of a Broadcast 

Notice to Mariners (BNM) by the COTP 

or the COTP’s representative, as well as 

on-scene notice or other appropriate 

means in accordance with § 165.7. 

(2) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

Dated: September 3, 2024. 

Kate F. Higgins-Bloom, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Delaware Bay. 

[FR Doc. 2024–20358 Filed 9–6–24; 8:45 am] 

BILLING CODE 9110–04–P 


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