[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