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Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Proposed Rules
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 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 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 would be 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 would typically be authorized to transit without pause or delay by onscene 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 would 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 would issue a BNM
and/or SMIB via VHFFM channel 16.
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.
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 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 proposed rule a significant regulatory action under section 3f of Executive Order 12866. Accordingly, OMB has not reviewed it. A combined regulatory analysis RA and Regulatory Flexibility Analysis follows.
This proposed rule would 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 would 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 13 hours.
In order to implement this rule, the Coast Guard proposes to 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 would 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 proposed rules costs and qualitative benefits.

TABLE 1SUMMARY OF THE PROPOSED RULES IMPACTS
Category
khammond on DSKJM1Z7X2PROD with PROPOSALS

Potentially Affected Population.
Unquantified Costs.

Unquantified Benefits.

VerDate Sep<11>2014

Summary This rule would 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 would need to speak with Coast Guard personnel stationed at the entrances of the security zones. These recreational boaters would 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 Rehoboth canal. In these instances, recreational boaters wishing to use the canal would instead need to take a circuitous route or forgo their trip all together.
This rule would secure the area to meet objectives of the USSS and keep USSS protectees safe.

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