[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Proposed Rules]
[Pages 63728-63732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22280]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0327]
RIN 1625-AA87


Security Zones; Port of Palm Beach, Port Everglades, Miami, and 
Key West, Florida

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to update and modify security zones 
in the Port of Palm Beach, Port Everglades, Port of Miami, and the Port 
of Key West, Florida. The revisions create a new section for the Sector 
Key West security zones that previously were annotated as belonging to 
Sector Miami; clarify when the Port Everglades fixed security zones 
will be in effect; modify and lengthen a portion of the Port Everglades 
fixed security zone; and update language and definitions throughout the 
regulation. The proposed amendments are largely administrative in 
nature, but the clarification of terms and geographic application of 
security zones between Sector Key West and Sector Miami ports will 
allow for more effective implementation of these regulations to protect 
the public and ports from potential subversive acts.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 15, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0327 using the Federal eRulemaking Portal at http://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 Lieutenant Ruth Sadowitz, Sector 
Miami Waterways Management Division, U.S. Coast Guard; telephone (305) 
535-4307, email [email protected]; or BMC Jason Herbert, Sector 
Key West Waterways Management Division, U.S. Coast Guard; telephone 
(305) 292-8772, 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 23, 2003, Captain of the Port Miami published a final 
rule entitled ``Security Zones; Port of Palm Beach, Port Everglades, 
Port of Miami, and Port of Key West, Florida'' in the Federal Register 
(68 FR 3189) to protect the public, ports, and waterways of the United 
States against potential subversive acts. Since the implementation of 
that rule, Sector Key West was delegated separate Captain of the Port 
authority (69 FR 47168) and the demands of commercial vessels in Sector 
Miami ports call for amendments to the standing security zone 
regulations.
    The purpose of these proposed amendments is to protect the public 
and Ports from potential subversive acts. The amendments establish 
separate regulatory authority for Sector Key West, clarify when the 
Port Everglades fixed security zones will be in effect, modify and 
lengthen a portion of one of the Port Everglades fixed security zones, 
and update language throughout the regulation.
    The legal basis for the proposed amendments is the Coast Guard's 
authority to establish regulated navigation areas and other limited 
access areas: 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.

III. Discussion of Proposed Rule

    The fixed security zone from Mid-Port to North-Port (Pier 7 to the 
northern-most section of the Port) including all waters westward at 
Port Everglades would be an established permanent fixed security zone 
that will be in effect at all times. Berthing from Pier 7 to North-Port 
Port Everglades regularly serves passenger vessels, vessels carrying 
cargoes of particular hazards, and vessels carrying liquefied hazardous 
gas. This permanent fixed security zone, which parallels the 
Intracoastal Waterway, would not limit persons or vessels from using 
the main entrance channel (Bar Cut) or from using the

[[Page 63729]]

Intracoastal Waterway. This zone also would not restrict persons and 
vessels authorized to be in the zone from maneuvering around the berths 
within Port Everglades between Mid-Port and North-Port. This amendment 
clarifies that all persons and vessels not authorized to be in the zone 
shall remain out of the zone in order to protect the public and Port 
from potential subversive acts.
    The fixed security zone that runs from Mid-Port south to Berth 29, 
just south of the John U. Lloyd launching ramps, along Port Everglades 
and the Intracoastal Waterway, would decrease in size to encompass only 
the waters westward of the Intracoastal Waterway extending to and 
including the pier face of Port Everglades. The fixed security zone 
would also lengthen southward from Berth 29, just south of the John U. 
Lloyd launching ramps to the northern tip of the Dania Cut-Off Canal. 
Persons and vessels would be allowed to operate along the Intracoastal 
Waterway, as they are now; however, persons and vessels would not be 
authorized to enter the security zone westward of the Intracoastal 
Waterway between Mid-Port and the northern tip of the Dania Cut-Off 
Canal without authorization. When a passenger vessel, vessel carrying 
cargoes of particular hazards, or vessel carrying liquefied hazardous 
gas moors along this section of Port Everglades, vessels transiting 
along the Intracoastal Waterway would be required to transit eastward 
of law enforcement vessels. This extension is needed to provide 
continuous protection for the public and Port because Port Everglades 
has expanded the entrance of the Dania Cut-Off Canal and its operations 
south over the years.
    The term ``cruise ship tenders'' would be removed from the entire 
regulation because cruise ship tenders no longer provide security zone 
assistance.
    The term ``cruise ship'' would be removed and ``passenger vessels'' 
will be redefined. Also, a ``vessel carrying cargoes of particular 
hazards'' and a ``vessel carrying liquefied hazardous gas'' will be 
defined.
    As discussed above, since the implementation of Sector Miami 
security zones in 2003, Sector Key West was delegated its own Captain 
of the Port authority. Therefore, a separate section would be 
implemented by this proposed regulation to establish the security zone 
authority for Sector Key West.
    These amendments are necessary for administrative reasons as noted 
above and to protect the public and Ports from potential subversive 
acts.

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 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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    The economic impact of this proposed updates and modifications to 
the rule is not significant for the following reasons: (1) Persons and 
vessels would still be able to operate in waters surrounding the 
proposed security zones; (2) the permanent fixed security zone 
encompassing Port Everglades from Mid-Port to North-Port is within the 
natural boundaries of the Port and is limited in size; (3) notification 
of the security zones will be made to the local maritime community via 
posted signs and Broadcast Notice to Mariners when applicable; and (4) 
persons and vessels may operate within the security zone if authorized 
by Captain of the Port of Miami or a designated representative.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    The proposed amendments may affect the following entities, some of 
which may be small entities: People and the owners or operators of 
vessels intending to transit or remain within the security zone(s) when 
they are in effect. For reasons discussed in the Regulatory Planning 
and Review section above, these proposed amendments would not have a 
significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

[[Page 63730]]

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves amending 
security zones and lengthening part of a security zone. Normally such 
actions are categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of Commandant Instruction M16475.lD. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
 2. Add Sec.  165.760 to read as follows:


Sec.  165.760  Security Zones; Port of Palm Beach, Port Everglades, and 
Port of Miami, Florida.

    (a) Definition. (1) As used in this section, passenger vessel is a 
vessel greater than 100 feet in length and over 100 gross tons that is 
authorized to carry more than 12 passengers for hire making voyages 
lasting more than 24 hours, except for a ferry.
    (2) As used in this section, a vessel carrying cargoes of 
particular hazard is defined in 33 CFR part 126 and a vessel carrying 
liquefied hazardous gas is defined in 33 CFR part 127.
    (b) Location. The following areas are security zones. All 
coordinates are North American Datum 1983.
    (1) Fixed and moving security zones around vessels in the Port of 
Palm Beach, Port Everglades, and Port of Miami Florida. Moving security 
zones are established 100 yards around all passenger vessels, vessels 
carrying cargoes of particular hazard, or vessels carrying liquefied 
hazardous gas (LHG) during transits entering or departing the Port of 
Palm Beach, Port Everglades, or Port of Miami. These moving security 
zones are activated when the subject vessel passes: Lake Worth Lighted 
Buoy LW at approximate position 26[deg]46.3' N., 80[deg]00.6' W. when 
entering the Port of Palm Beach; Port Everglades Lighted Buoy PE at 
approximate position 26[deg]05.5' N., 080[deg]04.8' W. when entering 
Port Everglades; and Miami Lighted Buoy M at approximate position 
25[deg]46.1' N., 080[deg]05.0' W. when entering Port of Miami. These 
moving security zones remain active whenever a passenger vessel, 
vessels carrying cargoes of particular hazard, or vessels carrying LHG 
is underway westward of the above mentioned buoys. Fixed security zones 
are established 100 yards around all passenger vessels, vessels 
carrying cargoes of particular hazard, or vessels carrying LHG, while 
the vessel is moored in the Port of Palm Beach, Port Everglades, or 
Port of Miami, Florida. Persons and vessels may pass within 100 yards 
of a moored passenger vessel, vessel carrying cargoes of particular 
hazard, or vessel carrying LHG that is moored within or alongside a 
federal channel as long as the passage occurs outside of the on scene 
law enforcement vessel. Persons and vessels shall pass north of the on 
scene law enforcement vessel when north of the Port of Miami, north of 
the on scene law enforcement vessel when south of the Port of Miami, 
and east of the on scene law enforcement vessel in Port Everglades.
    (2) Fixed security zone in Port of Miami, Florida. A fixed security 
zone encompasses all waters between Watson Park and Star Island from 
the MacArthur Causeway south to the Port of Miami. The western boundary 
is formed by an imaginary line from points 25[deg]46.763' N., 
080[deg]10.877' W., northwest to 25[deg]46.774' N., 080[deg]10.904' W, 
northeast to 25[deg]46.885' N., 080[deg]10.845' W., and extending 
northeast ending at Watson Island at 25[deg]47.001' N., 080[deg]10.670' 
W. The eastern boundary is formed by an imaginary line approximately 
100 yards west of the Fisher Island Ferry terminal, in approximate 
position 25[deg]46.330' N., 080[deg]09.120' W., extending southwest 
across the Main Channel to Port of Miami, at 25[deg]46.247' N., 
080[deg]09.191' W.

[[Page 63731]]

The fixed security zone is in effect when two or more passenger 
vessels, vessels carrying cargoes of particular hazard, or vessels 
carrying LHG, enter or moor within this zone.
    (i) When the security zone is in effect, persons and vessels shall 
not enter or transit the security zone along the Miami Main Channel 
unless authorized by Captain of the Port of Miami or a designated 
representative.
    (ii) Persons and vessels may transit the Miami Main Channel when 
only one passenger vessel, one vessel carrying cargoes of particular 
hazard, or one vessel carrying LHG is berthed.
    (iii) Law enforcement vessels can be contacted on VHF Marine Band 
Radio, Channel 16 (156.8 MHz).
    (3) Fixed security zones in Port Everglades. A fixed security zone 
encompasses Mid-Port to North-Port in Port Everglades and includes all 
waters west of an imaginary line starting at the southernmost point 
26[deg]05.410' N., 080[deg]06.960' W., on the northern tip of berth 22, 
to the northernmost point 26[deg]05.982' N., 080[deg]07.153' W., near 
the west side of the 17th Street Bridge. An additional fixed security 
zone encompasses the waters west of the Intracoastal Waterway to the 
pier face of Port Everglades from Mid-Port south to the northern tip of 
the Dania Cut-Off Canal and includes the waters westward of the line 
connecting the following points to the pier face of Port Everglades: 
Starting at 26[deg]05.411' N., 080[deg]06.960' W., on the northern tip 
of Berth 23 at Mid-Port, to a point directly east along the 
Intracoastal Waterway, 26[deg]05.411' N., 080[deg]06.920' W., then 
southeast along the Intracoastal Waterway to 26[deg]05.242' N., 
080[deg]06.859' W., then southeast along the Intracoastal Waterway to 
26[deg]05.157' N., 080[deg]06.846' W., then southwest along the 
Intracoastal Waterway to 26[deg]03.906' N., 080[deg]06.874' W., and 
then west to the Port Everglades pier face just north of the Dania Cut-
Off Canal at 26[deg]03.906' N., 080[deg]06.922' W.
    (i) Persons and vessels may transit the Intracoastal Waterway; 
however, persons and vessels are not authorized to enter the fixed 
security zone westward of the Intracoastal Waterway without 
authorization from Captain of the Port Miami or a designated 
representative. On occasion, a passenger vessel, vessel carrying 
cargoes of particular hazard, or vessel carrying LHG may moor and 
encroach into the Intracoastal Waterway. When this occurs, persons and 
vessels shall transit the Intracoastal Waterway east of the on scene 
law enforcement vessel.
    (ii) Periodically, vessels may be required to temporarily hold 
their positions while large commercial traffic operates in this area. 
Vessels near the security zone must follow the orders of the Captain of 
the Port or the designated representative.
    (iii) Law enforcement vessels can be contacted on VHF Marine Band 
Radio, Channel 16 (156.8 MHz).
    (c) Regulations. (1) Prior to commencing any movement, the person 
directing the movement of a passenger vessel, a vessel carrying cargoes 
of particular hazard, or a vessel carrying liquefied hazardous gas, is 
encouraged to make a security broadcast on VHF Marine Band Radio, 
Channel 13 (156.65 MHz) to advise mariners of the moving security zone 
activation and intended transit.
    (2) In accordance with the general regulations Sec.  165.33 of this 
part, entry into these zones is prohibited except as authorized by the 
Captain of the Port Miami or a designated representative. Vessels such 
as pilot boats, tug boats, and contracted security vessels may assist 
the Coast Guard Captain of the Port by monitoring these zones strictly 
to advise mariners of the restrictions. The Captain of the Port will 
notify the public of the security zone via signs or by Marine Safety 
Radio Broadcasts on VHF Marine Band Radio, Channel 16 (156.8 MHz) when 
applicable.
    (3) Persons and vessels desiring to enter or transit the fixed or 
moving security zones may contact the Captain of the Port Miami at 
(305) 535-4472 or on VHF Marine Band Radio, Channel 16 (156.8 MHz) to 
seek permission to transit the area. If permission is granted, all 
persons and vessels must comply with the instructions of the Captain of 
the Port or the designated representative.
    (4) The Captain of the Port Miami may waive any of the requirements 
of this subpart for any vessel upon finding that the vessel or class of 
vessel, operational conditions, or other circumstances are such that 
application of this subpart is unnecessary or impractical for the 
purpose of port security, safety, or environmental safety.
0
3. Revise Sec.  165.761 to read as follows:


Sec.  165.761  Security Zones; Port of Key West, Florida.

    (a) Definition. (1) As used in this section, passenger vessel is a 
vessel greater than 100 feet in length and over 100 gross tons that is 
authorized to carry more than 12 passengers for hire making voyages 
lasting more than 24 hours, except for a ferry.
    (2) As used in this section, a vessel carrying cargoes of 
particular hazard is defined in 33 CFR part 126 and a vessel carrying 
liquefied hazardous gas is defined in 33 CFR part 127.
    (b) Location. Fixed and moving security zones around vessels in the 
Port of Key West, Florida. A moving security zones is established 100 
yards around all passenger vessels, vessels carrying cargoes of 
particular hazard, or vessels carrying liquefied hazardous gas (LHG) 
during transits entering or departing the Port of Key West, Florida. A 
moving security zone is activated when the subject vessel passes Key 
West Lighted Buoy KW, at approximate position 24[deg]27.7' N., 
081[deg]48.1' W. This moving security zone remains active whenever a 
passenger vessel, vessels carrying cargoes of particular hazard, or 
vessels carrying LHG is underway westward of the above mentioned buoys. 
Fixed security zones are established 100 yards around all passenger 
vessels, vessels carrying cargoes of particular hazard, or vessels 
carrying LHG, while the vessel is moored in the Port of Key West, 
Florida.
    (c) Regulations. (1) Prior to commencing any movement, the person 
directing the movement of a passenger vessel, a vessel carrying cargoes 
of particular hazard, or a vessel carrying LHG, is encouraged to make a 
security broadcast on VHF Marine Band Radio, Channel 13 (156.65 MHz) to 
advise mariners of the moving security zone activation and intended 
transit.
    (2) In accordance with the general regulations Sec.  165.33 of this 
part, entry into these zones is prohibited except as authorized by the 
Captain of the Port Key West or a designated representative. Vessels 
such as pilot boats, tug boats, and contracted security vessels may 
assist the Coast Guard Captain of the Port by monitoring these zones 
and advising mariners of the restrictions. The Captain of the Port will 
notify the public of the security zone via signs or by Marine Safety 
Radio Broadcasts on VHF Marine Band Radio, Channel 16 (156.8 MHz) when 
applicable.
    (3) Persons and vessels desiring to enter or transit the fixed or 
moving security zones may contact the Captain of the Port Key West at 
(305) 292-8727 or on VHF Marine Band Radio, Channel 16 (156.8 MHz) to 
seek permission to transit the area. If permission is granted, all 
persons and vessels must comply with the instructions of the Captain of 
the Port or the designated representative.
    (4) The Captain of the Port Key West may waive any of the 
requirements of this subpart for any vessel upon finding that the 
vessel or class of vessel, operational conditions, or other 
circumstances are such that application of this subpart is unnecessary 
or

[[Page 63732]]

impractical for the purpose of port security, safety, or environmental 
safety.

    Dated: September 12, 2016.
A.J. Gould,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-22280 Filed 9-15-16; 8:45 am]
 BILLING CODE 9110-04-P