The Coast Guard is proposing to establish a security zone for the protection of Very Important Persons (VIPs) as they transit by vehicle on the Route 141 bridge over the Christina River near Newport, Delaware. The security zone will be enforced intermittently and only during times of a protected VIP transit over the bridge and will restrict vessel traffic while the zone is being enforced. This proposed rulemaking would prohibit persons and vessels from entering or remaining within the security zone unless authorized by the Captain of the Port Delaware Bay or a designated representative. We invite your comments on this proposed rulemaking.
These VIP visits require the implementation of heightened security measures for protection of VIPs who may travel on the Route 141 bridge over the Christina River in Newport, Delaware. Due to the roadway passing over the Christina River, this security zone is necessary to protect VIPs, the public, and the surrounding waterway. To date, in the year 2021, there have been 4 requests for security zones at this location. As a result, the Coast Guard had to issue numerous temporary security zones. Continued requests for this security zone are expected through 2024.
The purpose of this proposed rulemaking is to protect the VIPs and the public from destruction, loss, or injury from sabotage, subversive acts, or other malicious or potential terrorist acts. The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).
The Captain of the Port Delaware Bay (COTP) is proposing to establish a security zone for the protection of Very Important Persons (VIPs) as they transit by vehicle on the Route 141 bridge over the Christina River near Newport, Delaware. This rule is necessary to expedite the establishment and enforcement of this security zone when short notice is provided to the COTP for VIPs traveling over the Route 141 bridge. The security zone is bounded on the east by a line drawn from 39°42.55′ North Latitude (N), 075°35.88′ West Longitude (W), thence southerly to 39°42.50′ N, 075°35.87′ W proceeding from shoreline to shoreline on the Christina River in a westerly direction where it is bounded by the South James Street Bridge at 39°42.63′ N, 075°36.53 W. No vessel or person would be permitted to enter the security zone without obtaining permission from the COTP or a designated representative. The regulatory text they are proposing appears below
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. 0170.1.
2.Add § 165.560 to read as follows:
§ 165.560Security Zone; Christina River, Newport, DE.
(a) Location. The following area is a security zone: All waters of the Christina River, from shoreline to shoreline bounded on the east by a line drawn from 39°42.55′ North Latitude (N), 075°35.88′ West Longitude (W), thence southerly to 39°42.50′ N, 075°35.87′ W thence along the Christina River in a westerly direction and bounded by the South James Street Bridge at 39°42.63′ N, 075°36.53 W. These coordinates are based on North American Datum 83 (NAD83).
(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.
Official Patrol Vessel means any Coast Guard, Coast Guard Auxiliary, State, or local law enforcement vessel assigned or approved by the COTP.
Very Important Person (VIP) means any person for whom the United States Secret Service requests implementation of a security zone in order to supplement protection of said person(s).
(c) Regulations. (1) In accordance with the general regulations contained in § 165.33, entry into or movement within this zone 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. 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.
(d) Enforcement. 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 § 165.7. The Coast Guard will enforce the security zone created by this section only when it is necessary for the protection of VIPs traveling across the route 141 bridge in Newport, Delaware. The U.S. Coast Guard may be additionally assisted in the patrol and enforcement of the zone by Federal, State, and local agencies.
DATES:
Comments and related material must be received by the Coast Guard on or before May 5, 2021.
ADDRESSES:
You may submit comments identified by docket number USCG-2021-0131 using the Federal eRulemaking Portal at https://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT:
If you have questions about this proposed rulemaking, call or email Petty Officer Jennifer Padilla, Sector Delaware Bay, Waterways Management Division, U.S. Coast Guard; telephone 215-271-4814, [email protected].