13168 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 

§ 165.T05–0145 Security Zones; Christina 

River, Wilmington, DE; Darby Creek and 

Schuylkill River, Philadelphia, PA. 

(a) Locations. The following areas are 

a security zone: These coordinates are 

based on WGS 84. 

(1) Security Zone 1. All navigable 

waters of the Christina River, 

encompassed by a line connecting the 

following points, beginning at the 

shoreline down river from the I–495 

bridge at 39°43′24′′ N, 075°31′43′′ W, 

thence southwest across the river to the 

shoreline at 39°43′17′′ N, 075°31′52′′ W, 

thence northwest along the shoreline to 

39°43′46′′ N, 075°32′06′′ W, thence 

northeast across the river to the 

shoreline at 39°43′53′′ N, 075°31′55′′ W, 

thence southeast along the shoreline 

back to the beginning point, located in 

Wilmington, DE. 

(2) Security Zone 2. All navigable 

waters of the Darby Creek, encompassed 

by a line connecting the following 

points, beginning at the shoreline down 

river from the I–95 bridge at 39°51′52′′ 

N, 075°18′46′′ W, thence northwest 

across the river to the shoreline at 

39°51′53′′ N, 075°18′50′′ W, thence 

northeast along the shoreline to 

39°52′20′′ N, 075°18′39′′ W, thence 

southeast across the river to the 

shoreline at 39°52′08′′ N, 075°18′31′′ W, 

thence southwest along the shoreline 

back to the beginning point, located in 

Philadelphia, PA. 

(3) Security Zone 3. All navigable 

waters of the Schuylkill River, including 

the waters of the Schuylkill River 

adjacent to the Navy Yard Reserve Basin 

Bridge, encompassed by a line 

connecting the following points, 

beginning at the shoreline down river 

from the Girard Point Bridge (I–95) at 

39°53′05′′ N, 075°11′34′′ W, thence 

westward across the river to the 

shoreline at 39°53′03′′ N, 075°11′48′′ W, 

thence northwest along the shoreline to 

39°54′04′′ N, 075°12′56′′ W, thence 

eastward across the river to the 

shoreline at 39°54′07′′ N, 075°12′48′′ W, 

thence southeast along the shoreline 

back to the beginning point, located in 

Philadelphia, PA. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Delaware Bay. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer, 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. 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

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, 

contact the COTP or the COTP’s 

representative by telephone number 

215–271–4807 or on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

Those in the security zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement periods. This section 

will be enforced from 11 a.m. to 11 p.m. 

on March 9, 2022, and, from 11 a.m. to 

11 p.m. on March 11, 2022. 

Dated: March 3, 2022. 

Jonathan D. Theel, 

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

Port, Delaware Bay. 

[FR Doc. 2022–04900 Filed 3–8–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0040] 

RIN 1625–AA87 

Security Zone, Delaware River, 

Philadelphia, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a security zone for certain 

waters of the Delaware River. This 

action is necessary to provide protection 

of Very Important Persons (VIPs) while 

attending the Democratic National 

Caucus (DNC) on the Delaware River in 

the vicinity of Penns Landing located in 

Philadelphia, PA. This security zone 

will be enforced intermittently and only 

for the protection of VIPs when in the 

area and will restrict vessel traffic while 

the zones are being enforced. This 

security zone would prohibit persons 

and vessels from being in the security 

zone unless authorized by the Captain 

of the Port Delaware Bay or a designated 

representative. 

DATES: This rule is effective March 9, 

2022, through March 11, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0040 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 on this rule, call or 

email Petty Officer Jennifer Padilla, 

Sector Delaware Bay, Waterways 

Management Division, U.S. Coast 

Guard; telephone 215–271–4889, email 

Jennifer.L.Padilla@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On January 12, 2022, the United 

States Capitol Police notified the Coast 

Guard that the Democratic National 

Caucus (DNC) is being held in the 

vicinity of Penns Landing located in 

Philadelphia, PA, from 11 a.m. on 

March 9, 2022, through 11:59 p.m. on 

March 11, 2022. The DNC is being held 

adjacent to the Delaware River and this 

security zone is needed to provide 

protection and security of the VIPs 

attending the Democratic National 

Caucus in the vicinity of this waterway. 

In response, on February 15, 2022, the 

Coast Guard published a notice of 

proposed rulemaking (NPRM) titled 

‘‘Security Zone, Delaware River, 

Philadelphia, PA’’ (87 FR 8472). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this event. 

During the comment period that ended 

February 23, 2022, 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 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Delaware Bay 

(COTP) has determined that the 

presence of the VIPs attending the DNC 

present a potential target for terrorist 

acts, sabotage, or other subversive acts, 

accidents, or other causes of a similar 

nature. Due to the DNC being held in 

close proximity to the Delaware River, 


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Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 13169 

this security zone is necessary to protect 

these persons, the public, and the 

surrounding waterway. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published 

February 15, 2022. There are no changes 

in the regulatory text of this rule from 

the proposed rule in the NPRM. 

This rule establishes a security zone 

from March 9, 2022, through March 11, 

2022, on certain waters of the Delaware 

River in Philadelphia, PA. Specifically, 

the security zone would cover all waters 

within the Delaware River contiguous to 

the Pennsylvania shoreline and 

extending out into the Delaware River 

approximately 250 yards within an area 

bounded by a line connecting the 

following points: Beginning at the 

Pennsylvania shoreline at latitude 

39°56.87′ N, longitude 075°8.36′ W, 

thence east to latitude 39°56.85′ N, 

longitude 075°8.20′ W, thence south to 

latitude 39°56.45′ N, longitude 075°8.25′ 

W, thence west to the Pennsylvania 

shoreline at latitude 39°56.47′ N, 

longitude 075°8.41′ W, thence north 

following the shoreline to the 

originating point. 

This zone will be enforced 

intermittently during the effective dates. 

Enforcement of this zone will be 

broadcast via Broadcast Notice to 

Mariners on VHF–FM marine channel 

16 as well as actual notice via on-scene 

Coast Guard Personnel. 

No vessel or person will be permitted 

to enter or transit these security zones 

without obtaining permission from the 

COTP or a designated representative 

and must proceed as directed by on 

scene enforcement vessels. Any vessel 

permitted to transit the zone will be 

required to continue through the zone 

without pause or delay as directed by 

on-scene enforcement vessels. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the duration, size, location 

and time of year of the zone. During this 

time of year, this Security Zone is 

primarily used by Commercial Traffic. 

That traffic will be permitted to transit 

through the zone without pause or delay 

upon receiving approval of on-scene 

enforcement vessels. This zone will 

only be enforced for limited durations 

when deemed necessary by the COTP to 

augment the protection of the VIPs 

attending the Democratic National 

Caucus. 

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 received no comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the security 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule would not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

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

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 


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13170 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 

security zone which will be 

intermittently enforced over the course 

of 3 days. It is 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 Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T05–0040 to read as 

follows: 

§ 165.T05–0040 Security Zone, Delaware 

River, Philadelphia, PA. 

(a) Location. The following area is a 

security zone: All waters within the 

Delaware River, contiguous with the 

Pennsylvania shoreline and extending 

out into the Delaware River 

approximately 250 yards, within an area 

bounded by a line connecting the 

following points: Beginning at the 

Pennsylvania shoreline at latitude 

39°56.87′ N, longitude 075°8.36′ W, 

thence east to latitude 39°56.85′ N, 

longitude 075°8.20′ W, thence south to 

latitude 39°56.45′ N, longitude 075°8.25′ 

W, thence west to the Pennsylvania 

shoreline at latitude 39°56.47′ N, 

longitude 075°8.41′ W, thence north 

following the shoreline to the 

originating point. These coordinates are 

based on North American Datum 83 

(NAD83). 

(b) Definitions. As used in this 

section— 

Designated Representative means any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the COTP to act on his or her behalf. 

The designated representative may be 

on an official patrol vessel or may be on 

shore and will communicate with 

vessels via VHF–FM radio or loudhailer. 

In addition, members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of this regulation. 

Very Important Person (VIP) means 

any person for whom the United States 

Capital Police request 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 

subpart D of this part, entry into or 

remaining in the zone described in 

paragraph (a) of section is prohibited 

unless authorized by the COTP, Sector 

Delaware Bay, or designated 

representative. 

(2) Only vessels or people specifically 

authorized by the Captain of the Port, 

Delaware Bay, or designated 

representative, may enter or remain in 

the regulated area. Access to the zone 

will be determined by the COTP or 

designated representative on a case-bycase basis when the zone is enforced. To 

seek permission to enter, contact the 

COTP or the COTP’s representative on 

VHF–FM channel 13 or 16. Those in the 

security zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. No person 

may swim upon or below the surface of 

the water of this security zone unless 

authorized by the COTP or his 

designated representative. 

(3) Upon being hailed by an official 

patrol vessel or the designated 

representative, by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. Failure 

to comply with lawful direction may 

result in expulsion from the regulated 

area, citation for failure to comply, or 

both. 

(4) Unless specifically authorized by 

on scene enforcement vessels, any 

vessel granted permission to enter or 

transit the security zones must comply 

with the instructions of the COTP or 

designated representative and operate at 

bare steerage or no-wake speed while 

transiting through the Security Zone, 

and must not loiter, stop, or anchor, and 

shall do so for the entirety of its time 

within the boundaries of the security 

zones. 

(d) Enforcement. (1) This security 

zone is effective from 11 a.m. on March 

9, 2022, through 11:59 p.m. on March 

11, 2022. 

(2) This security zone will be enforced 

with actual notice by the U.S. Coast 

Guard representatives on-scene, as well 

as other methods listed in 33 CFR 165.7. 

The Coast Guard will enforce the 

security zone created by this section 

only when it is necessary for the 

protection and security of the VIPs 

attending the Democratic National 

Caucus in the vicinity of Penns Landing 

located in Philadelphia, PA. The U.S. 

Coast Guard may be additionally 

assisted in the patrol and enforcement 

of the zone by Federal, State, and local 

agencies. 

Dated: March 3, 2022. 

Jonathan D. Theel, 

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

Port, Delaware Bay. 

[FR Doc. 2022–04904 Filed 3–8–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0130] 

Safety Zone; Spirit Lake Dredging 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the USX Superfund Site Safety Zones: 

St. Louis River, and this notice of 

enforcement serves as a reminder to 

mariners this is still an enforced safety 

zone under Coast Guard regulations. 

Our regulation for safety zones within 

the Ninth Coast Guard District identifies 

this area as a regulated area within 

Spirit Lake Duluth, MN. 

DATES: The regulations in 33 CFR 

165.905(a)(1) and (2) will be enforced 

from April 4, 2022, through September 

15, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LTJG Joseph 

R. McGinnis, MSU Duluth Waterways 

Management, U.S. Coast Guard; 

telephone 218–725–3818, email D09- 

SMB-MSUDuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the USX Superfund 

Site Safety Zone: St. Louis River, and 

this notice of enforcement serves as a 

reminder to mariners this is still an 

enforced safety zone under 33 CFR 


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