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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 USCG2021
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 2152714889, 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
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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.

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Under 5 U.S.C. 553d3, 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.
70011b3. 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.00170.1II70, Revision No. 01.2, from the Secretary of DHS to the Commandant of the U.S. Coast Guard, and further redelegated by 33
CFR 1.051, 6.041, 6.046, 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
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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 3844.36
North Latitude N, 0755.32 West Longitude W, thence easterly to 3844.37 N, 0755.31 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 3843.89
N, 0755.31 W, thence easterly to 3843.90 N, 0755.07 W thence northerly across the entrance to the yacht basin to 3843.93 N, 0755.09 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 3843.97 N, 0754.70 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 VHFFM 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 VHFFM channel 16.

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