[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Proposed Rules]
[Pages 28036-28039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12853]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0016]
RIN 1625-AA87


Security Zone; Presidential Security Zone, Palm Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a security zone that 
encompasses certain waters of the Lake Worth Lagoon, the Intracoastal 
Waterway, and the Atlantic Ocean in the vicinity of the Mar-a-Lago Club 
and the Southern Boulevard Bridge in Palm Beach, Florida (FL). This 
proposed rule would be enforced during visits by the President of the 
United States, members of the First Family, or other persons under the 
protection of the Secret Service. This action 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 while it is being enforced would 
be prohibited unless authorized by the Captain of the Port (COTP) Miami

[[Page 28037]]

or a designated representative. We invite your comments on this 
proposed rule.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 20, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0016 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, Petty Officer Mara Brown, 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
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
FL Florida
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The United States Coast Guard is establishing a security zone in 
the vicinity of the Mar-a-Lago Club in Palm Beach, FL. This security 
zone would be enforced whenever the President of the United States, 
members of the First Family or other persons under the protection of 
the Secret Service are present or expected to be present. 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.
    The Coast Guard previously established a temporary security zone to 
cover separate visits by the President of the United States to Mar-a-
Lago, Palm Beach, FL in February (under docket numbers USCG-2017-0072, 
USCG-2017-0088, and USCG-2017-0107), and in March (under docket number 
USCG-2017-0145). In addition, the Coast Guard issued a temporary 
security zone (published in the Federal Register on March 28, 2017, see 
82 FR 58) to cover the President's visits to the Mar-a-Lago Club 
starting March 17, 2017, through May 29, 2017. Due to the short notice 
given to the Coast Guard prior to these visits, the security zones were 
established without notice and without allowing for public comment, 
pursuant to 5 U.S.C. 553(b)(B).
    The purpose of this NPRM is to allow the public an opportunity to 
comment, while ensuring the security of vessels and the navigable 
waters during visits by the President, the First Family, and other 
persons under the protection of the Secret Service to the Mar-a-Lago 
Club. We are seeking to establish this security zone before Fall 2017 
when the President is expected to make visits to the Mar-a-Lago Club. 
The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 
1231.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a security zone that 
encompasses certain waters of the Lake Worth Lagoon, the Intracoastal 
Waterway, and the Atlantic Ocean in the vicinity of the Mar-a-Lago Club 
and the Southern Boulevard Bridge in Palm Beach, FL. The security zone 
established for the specific security event will consist of one or more 
of the zones categorized below.
    (1) The center zone would consist of waters of Lake Worth Lagoon 
from the southern tip of Everglades Island to approximately 1000 yards 
south of the Southern Boulevard Bridge and the eastern shoreline out to 
Fisherman Island. No vessel or person would be permitted to enter into, 
transit in, anchor within, or remain within the center zone without 
obtaining permission from the Coast Guard or a designated 
representative.
    (2) The west zone would consist of waters of Lake Worth Lagoon 
including the Intracoastal Waterway from the southern tip of Everglades 
Island to approximately 1000 yards south of the Southern Boulevard 
Bridge and from the western shoreline to Fisherman Island. All vessels 
transiting the west zone would be required to await escort through the 
zone by on-scene designated representatives, maintain a steady speed, 
and would not be allowed to slow down or stop in the zone without 
obtaining permission from the COTP Miami or a designated 
representative.
    (3) The east zone would consist of waters of the Atlantic Ocean 
from Banyan Road in the north to Ocean View Road in the south and from 
shore to approximately 1000 yards east. All vessels transiting the east 
zone would be required to maintain a steady speed and would not be 
allowed to slow down or stop in the zone without obtaining permission 
from the COTP Miami or a designated representative.
    The security zone would not be in effect all the time. Instead, the 
COTP Miami will notify the maritime community that the security zone is 
in effect, and in which locations, using Broadcast Notice to Mariners 
(BNM) and on-scene designated representatives. Coast Guard patrol 
assets will also be on scene with flashing blue lights energized when 
the center, west, or east security zone is in effect.
    The regulatory text we are proposing appears at the end of this 
document.

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 (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 costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 13771 (Reducing Regulation and Controlling Regulatory 
Costs) directs agencies to reduce regulation and control regulatory 
costs and provides that ``for every one new regulation issued, at least 
two prior regulations be identified for elimination, and that the cost 
of planned regulations be prudently managed and controlled through a 
budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See the OMB Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017 titled `Reducing Regulation and Controlling Regulatory 
Costs''' (February 2, 2017).
    The economic impact of this proposed rule is not significant for 
the following reasons: (1) The security zone is expected to be enforced 
only when the President of the United States, members of the First 
Family, or other persons

[[Page 28038]]

under the protection of the Secret Service are present or expected to 
be present; (2) the center zone will impact only a small designated 
area of the Intracoastal Waterway in Palm Beach, FL, and vessels may be 
able to operate through the zone if granted permission to do so by the 
COTP of Miami or a designated representative; (3) the west zone is 
located in an area of the Intracoastal Waterway where vessel traffic is 
low and where on average 152 vessels are expected to travel per day, 
and vessels will be allowed to operate through the zone with an escort 
from an on-scene designated representative; (4) vessels will still be 
able to transit the east zone at a steady speed as long as they do not 
slow down or stop except in the case of unforeseen mechanical or other 
emergency; and (5) notification of the security zone will be made to 
the local maritime community via Broadcast Notice to Mariners and by 
on-scene designated representatives, when applicable. Larger vessels 
may need to wait to pass under the Southern Blvd. Bridge, which has set 
opening times pursuant to a separate existing regulation at 33 CFR 
117.261(w). The bridge opens on the quarter-hour and three-quarter 
hour, or as directed by the on-scene 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.
    While some owners or operators of vessels intending to transit the 
security zones may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule. If the proposed 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.

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 
proposed 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 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, FL. Normally such actions are categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of Commandant 
Instruction M16475.lD. A preliminary Record of Environmental 
Consideration (REC) supporting this determination is available in the 
docket where indicated under ADDRESSES. 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

[[Page 28039]]

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

    Harbor, 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.

0
2. Add Sec.  165.785 to read as follows:


Sec.  165.785  Security Zone; Presidential Security Zone, Palm Beach, 
FL.

    (a) Regulated areas. The following areas are security zones:
    (1) Center zone. All waters of Lake Worth Lagoon within the 
following points: 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) West zone. All waters of Lake Worth Lagoon within the following 
points: 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.
    (3) East zone. All waters of the Atlantic Ocean within the 
following points: 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) 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 security zone.
    (c) Regulations--(1) Center zone. 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) West zone. All persons and vessels are required to transit 
through the security zone escorted by on-scene designated 
representatives at a steady speed and may not slow down or stop except 
in the case of 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 Miami via VHF channel 16.
    (3) East zone. 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 of 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) Contacting Captain of the Port. Persons who must notify, or 
request authorization from, the Captain of the Port Miami may do so by 
telephone at (305) 535-4472, or may contact a designated representative 
via VHF radio on channel 16. If authorization to enter, transit 
through, anchor in, or remain within the security zone 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.
    (d) Enforcement period. This section will be enforced when the 
President of the United States, members of the First Family, or other 
persons under the protection of the Secret Service are present or 
expected to be present at the Mar-a-Lago Club. The Coast Guard will 
provide notice of the regulated area via Broadcast Notice to Mariners 
or by on-scene designated representatives. Coast Guard patrol assets 
will also be on-scene with flashing blue lights energized when the 
center, west, or east security zone is in effect.

    Dated: June 6, 2017.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2017-12853 Filed 6-19-17; 8:45 am]
BILLING CODE 9110-04-P