[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Rules and Regulations]
[Pages 15293-15295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06111]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0220]
RIN 1625-AA87
Security Zone; VIP Visits, Palm Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone in
the vicinity of the Mar-a-Lago in Palm Beach, Florida during the visit
of a high-level government official. The security zone is necessary to
protect the official party, the public, and the surrounding waterway
from terrorist acts, sabotage or other subversive acts, accidents, or
other causes of a similar nature. Entering, transiting through,
anchoring in, or remaining within this security zone is prohibited
unless authorized by the Captain of the Port Miami or a designated
representative.
DATES: This rule is effective without actual notice from March 28, 2017
through May 29, 2017. For purposes of enforcement, actual notice will
be used from March 17, 2017 through March 28, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0220 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Mara Brown, Sector Miami Waterways
Management Division, U.S. Coast Guard; telephone 305-535-4317, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because specific information regarding the
need for the regulation was not received in time to publish a NPRM
before the regulation's effective date. Delay in promulgating this rule
would be impracticable and contrary to public interest because a
security zone is required with short notice to protect the elected
government official and the official's party in the vicinity of this
waterway. The official's presence creates unique safety and security
concerns.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed
above.
We note that the Coast Guard is in the process of publishing an
NPRM proposing to establish a permanent security zone for these events.
While that rulemaking action will not affect the events occurring
through May 29, 2017, it would establish a security zone for future
similar events.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Miami (COTP) has determined that the
official's visit presents a potential target for terrorist acts,
sabotage, or other subversive acts, accidents, or other causes of a
similar nature. Given the close proximity of the waterways to the
official's visit site, this security zone is necessary to protect the
official party, the public, and the surrounding waterways adjacent to
the Mar-a-Lago Resort in Palm Beach, Florida.
IV. Discussion of the Rule
This rule establishes a security zone from March 17, 2017 through
May 29, 2017. The rule will be enforced every Friday through Monday on
a recurring weekly basis from March 17, 2017 through May 29, 2017
during the visit of a high-level government official. This rule will be
enforced with actual notice while the high-level government official is
visiting. This rule establishes a temporary security zone, which
encompasses certain waters of the Intracoastal Waterway and the
Atlantic Ocean in the vicinity of the Southern Boulevard Bridge in Palm
Beach, Florida. The security zone will be broken into three zones. The
first zone will consist of waters of the Lake Worth Lagoon from the
southern tip of the Everglades Island to approximately 1000 yards south
of the Southern Boulevard Bridge, and the eastern shore line out to
Fisherman Island. No vessel or person will be permitted to enter,
transit through, anchor in, or remain in the first zone without
obtaining permission from the COTP or a designated representative.
The second zone will consist of waters of the Lake Worth Lagoon
including the Intracoastal Waterway from the southern tip of the
Everglades Island to approximately 1000 yards south of the Southern
Boulevard Bridge, and from the western shore line to the western edge
of the Fisherman Island. All vessels transiting the second zone shall
maintain a steady speed and shall not slow or stop in the zone.
The third zone will consist of waters of the Atlantic Ocean from
the Banyan Road south to Ocean View Road, and from shore to
approximately 1000 yards east of the shoreline. All vessels transiting
the third zone shall maintain a steady speed and shall not slow or stop
in the zone.
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 and 13563 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
[[Page 15294]]
This regulatory action determination is based on the size,
location, duration, and time-of-year of the security zone. Vessel
traffic will be able to safely transit around this security zone, which
will impact a small designated area of the Intracoastal Waterway and
the Atlantic Ocean in Palm Beach, FL for no more than five days at a
time from March 17, 2017 to May 29, 2017 and in an area where traffic
is low. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), 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 a security zone lasting only a few days at a time that
will prohibit entry within certain waters of the Intracoastal Waterway
and Atlantic Ocean in Palm Beach, Florida. It is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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 amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a temporary Sec. 165.T07-0220 to read as follows:
Sec. 165.T07-0220 Security Zone; VIP Visits, Palm Beach, Florida.
(a) Location. The following areas are security zones:
(1) Zone 1. The navigable waters within the following points are a
regulated area: Beginning at Point 1 in position 26[deg]41'21'' N.,
80[deg]2'39'' W.; thence east to Point 2 in position 26[deg]41'21'' N.,
80[deg]2'13'' W.; thence south following the shoreline to Point 3 in
position 26[deg]39'58'' N., 80[deg]2'20'' W.; thence west to Point 4 in
position 26[deg]39'58'' N., 80[deg]2'38'' W., thence back to origin at
Point 1.
(2) Zone 2. The navigable waters within the following points are a
regulated area: Beginning at Point 1 in position 26[deg]41'21'' N.,
80[deg]2'39'' W.; thence west to Point 2 in position 26[deg]41'21'' N.,
80[deg]3'00'' W.; thence south following the shoreline to Point 3 in
position 26[deg]39'58'' N., 80[deg]2'55'' W.; thence east to Point 4 in
position 26[deg]39'58'' N., 80[deg]2'38'' W., thence back to origin at
Point 1.
[[Page 15295]]
(3) Zone 3. The navigable waters within the following points are a
regulated area: Beginning at Point 1 in position 26[deg]41'21'' N.,
80[deg]2'01'' W.; thence south following the shoreline to Point 2 in
position 26[deg]39'57'' N., 80[deg]2'01'' W.; thence east to Point 3 in
position 26[deg]39'58'' N., 80[deg]1'02'' W.; thence north to Point 4
in position 26[deg]41'20'' N., 80[deg]1'02'' W., thence back to origin
at Point 1.
(b) Regulations.
(1) Requirements for Zone 1. All persons and vessels are prohibited
from entering, transiting through, anchoring in, or remaining within
the security zone unless authorized by the Captain of the Port Miami or
a designated representative.
(2) Requirements for Zone 2. All persons and vessels are required
to transit through the security zone at a steady speed and may not slow
down or stop except in the case unforeseen mechanical or other
emergency. Any persons or vessels forced to slow or stop in the zone
shall immediately notify the Captain of the Port via VHF channel 16.
(3) Requirements for Zone 3. All persons and vessels are required
to transit through the security zone at a steady speed and may not slow
down or stop except in the case unforeseen mechanical or other
emergency. Any persons or vessels forced to slow or stop in the zone
shall immediately notify the Captain of the Port via VHF channel 16.
(4) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the security zones described in paragraph (a) of
this section may contact the Captain of the Port Miami by telephone at
305-535-4472, or a designated representative via VHF radio on channel
16 to request authorization. If authorization to enter, transit
through, anchor in, or remain within the security zones is granted by
the Captain of the Port Miami or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Miami or the designated
representative.
(5) The Coast Guard will provide notice of the security zones by
Broadcast Notice to Mariners and on-scene designated representatives.
(c) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
(d) Effective and enforcement dates. This rule is effective from
March 17, 2017 through May 29, 2017. This rule will be enforced with
actual notice on a recurring weekly basis from March 17, 2017 through
May 29, 2017, while the high-level government official is visiting.
Dated: March 17, 2017.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2017-06111 Filed 3-27-17; 8:45 am]
BILLING CODE 9110-04-P