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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. 43214370f, 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 L60a of Appendix A, Table 1 of DHS Instruction Manual 0230100101, 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 165REGULATED 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
1.051, 6.041, 6.046, and 160.5;
Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2.

2. Add 165.561 to read as follows:.

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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, 0755.32
West Longitude W, thence easterly to 3844.37 N, 0755.31 W proceeding from shoreline to shoreline on the
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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, 075 5.09 W.
2 Security zone two: All waters of the Atlantic Ocean extending 500 yards seaward from a line beginning at 3844.86 N, 0754.86 W, proceeding southerly along the shoreline to 3843.97 N, 0754.70 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 persons.
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 zones 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 2152714807 or on marine band radio VHFFM channel 16 156.8 MHz,
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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 zones must do so without delay or pause for the entirety of its time within the boundaries of the security zones. 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
3056a 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
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