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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations
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.
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 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 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 rule will 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 will 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 1
3 hours.
The Coast Guard will 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 will 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 rules costs and qualitative benefits.

TABLE 1SUMMARY OF THE RULES IMPACTS
Category
Summary
Potentially Affected Population

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

Unquantified Costs

Unquantified Benefits

Affected Population The Coast Guard does not collect data on the vessels and individuals using either the Lewes and Rehoboth Canal or the North Shores Section of Rehoboth Beach, the areas that would be impacted by this rule. To estimate the affected population, we used information directly observable from Google Maps, as well as the subject-matter expertise of Coast Guard personnel with knowledge of the area.
The two security zonesa half-mile section of the Lowes Rehoboth Canal and a one-mile section of Rehoboth
Beachare distinct. As such, we assess the affected populations for these two areas separately.
1 Security Zone 1: Lewes Rehoboth Canal This regulation will impact any recreational boater wishing to transit the Lewes Rehoboth Canal. The Lewes Rehoboth Canal is about 10 miles long and connects the Broadkill River and the Delaware Bay to Rehoboth Bay. The security zone begins approximately twothirds of the way through the canal if starting from the Delaware Bay and
lasts for about a half mile. As such, recreational boaters wishing to transit the canal from the communities of Lewes, Dewey Beach, North Shores, Rehoboth Beach, and West Rehoboth may be impacted by this rule.1
These communities are seasonal; their populations are much larger and more active in the summer than in the winter.
Vessel traffic in the canal follows the same pattern. Coast Guard officers stationed in this region estimated the numbers of vessels transiting this zone per day by season. We present these estimates in table 2.

TABLE 2VESSEL TRAFFIC BY TIME OF YEAR

jbell on DSKJLSW7X2PROD with RULES

Months
Vessels transiting the canal per day
January through March
April
May through September
October through December

1 Dewey Beach lies on the isthmus between Rehoboth Bay and the Atlantic Ocean south of
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20 vessels per 75 vessels per More than 200
50 vessels per
day.
day.
vessels per day.
day.

Rehoboth beach and north of the Delaware Seashore State Park.

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