[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Rules and Regulations]
[Pages 33449-33451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15265]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0670]
RIN 1625-AA87


Security Zone; Atlantic Ocean, Ft. Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
the waters of the Atlantic Ocean for a United States Navy exercise. 
There will be a zone approximately 4 nautical miles wide extending from 
.75 nautical miles off the beach to 4 nautical miles offshore. The zone 
will begin approximately .4 nautical miles south of Port Everglades 
Inlet. The security zone is needed to protect personnel, vessels, and 
the surrounding waterway from terrorist acts, sabotage or other 
subversive acts, accidents, or other causes of a similar nature. Entry 
of vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Miami.

DATES: This rule is effective without actual notice from 5 a.m. to 8 
p.m. daily from July 20, 2017 through July 21, 2017. For the purposes 
of enforcement, actual notice will be used from 5 a.m. to 8 p.m. daily 
from July 8, 2017 through July 20, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Mara Brown, 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 the Coast Guard did not receive 
notice of this event until two days prior to the exercise and there is 
an immediate need to protect the security of the naval vessels, the 
public, and the surrounding waterway from terrorist acts, sabotage or 
other subversive acts, accidents, or other causes of similar nature. It 
is impracticable to publish an NPRM because the zone must be 
established by July 8, 2017.
    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. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential security risks associated with naval 
exercises.

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 the potential 
security concerns associated with naval exercises starting July 8, 
2017. This rule is needed to protect naval vessels, the public, and the 
surrounding waterway from terrorist acts, sabotage or other subversive 
acts, accidents, or other causes of a similar nature while the exercise 
is occurring.

IV. Discussion of the Rule

    This rule establishes a security zone from 5 a.m. until 8 p.m. 
daily from July 8, 2017 through July 21, 2017, while the Navy is 
performing the exercise. The security zone will cover all navigable 
waters approximately in an area 4 nautical miles wide extending from 
.75 nautical miles off the beach to 4 nautical miles offshore. The zone 
will begin approximately .4 nautical miles south of Port Everglades 
Inlet. No vessel or person will be permitted to enter the security zone 
without obtaining

[[Page 33450]]

permission from the COTP or a designated representative.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The Coast Guard has made a determination this rule is not a 
significant regulatory action. This regulatory action determination is 
based on the size, durations and location of the security zone. The 
zone is only 4 nautical miles wide extending from .75 nautical miles 
off the beach to 4 nautical miles offshore. Vessel traffic will be able 
to safely transit around the security zone without significant 
diversion.

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 
security 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 M16475.1D, 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 that will prohibit entry within certain 
waters of the Atlantic Ocean in Ft. Lauderdale, Florida, in order to 
protect the safety of life and property on the waters while the 
exercise is occurring. It is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A 
Record of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

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.


[[Page 33451]]



0
2. Add a temporary Sec.  165.T07-0670 to read as follows:


Sec.  165.T07-0670  Security Zone; United States Navy Exercise, Ft. 
Lauderdale, FL.

    (a) Regulated area. The following regulated area is established as 
a security zone: All waters starting at point 1 in position 
26[deg]05'03'' N. 80[deg]05'42'' W.; thence east to point 2 in position 
26[deg]05'03'' N. 80[deg]02'04'' W.; thence south to point 3 in 
position 26[deg]00'57'' N. 80[deg]02'25'' W.; thence west to point 4 in 
position 26[deg]00'57'' N. 80[deg]06'04'' W.; thence north back to 
origin.
    (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 regulated area.
    (c) Regulations. All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
security zone without authorization from the Captain of the Port Miami 
or a designated representative.
    (d) Effective and enforcement dates. This rule is effective daily 
from 5 a.m. until 8 p.m. on July 8, 2017 through July 21, 2017, unless 
cancelled sooner by the Captain of the Port. This rule will be enforced 
with actual notice by the U.S. Coast Guard representative on scene 
while operations associated with the naval exercise are in progress.

    Dated: July 7, 2017.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2017-15265 Filed 7-19-17; 8:45 am]
 BILLING CODE 9110-04-P