[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 15948-15950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07694]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0146]
RIN 1625-AA87


Security Zones; Port Canaveral Harbor, Cape Canaveral Air Force 
Station, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising a security zone to extend the 
geographical boundaries of the permanent security zone at Port 
Canaveral Harbor. This action is necessary to ensure the security of 
vessels, facilities, and the surrounding areas within this zone. This 
regulation prohibits persons and vessels from entering, transiting 
through, anchoring in, or remaining within the security zone unless 
authorized by the Captain of the Port (COTP) Jacksonville or a 
designated representative.

DATES: This rule is effective May 14, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0146 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 Lieutenant Allan Storm, Sector Jacksonville, Waterways 
Management Division, U.S. Coast Guard; telephone (904) 714-7616, 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

    On October 3, 1988, the Coast Guard published a final rule creating 
a permanent security zone at Port Canaveral Harbor, Cape Canaveral, 
Florida, entitled, ``Security Zone; Port Canaveral Harbor, Cape 
Canaveral, FL'' (53 FR 38718) to safeguard the waterfront and military 
assets along the U.S. Navy's Poseidon Wharf inside the southeast 
portion of Port Canaveral Harbor's Middle Basin. This waterfront area 
is located on Cape Canaveral Air Force Station (CCAFS), a U.S. Air 
Force military installation. Additionally, the northern and northeast 
portion of the Middle Basin's waterfront is located almost entirely on 
CCAFS property, and within this area are piers utilized by the U.S. Air 
Force and U.S. Army. CCAFS routinely conducts operations critical to 
national security.
    The U.S. Navy requested an amendment to the current regulation in 
33 CFR 165.705(b) to expand the geographical boundaries to include the 
northern and northeastern portion of the Middle Basin of Port Canaveral 
Harbor in order to ensure the safety and security of military assets 
and infrastructure along the entire CCAFS waterfront. In response, on 
October 3, 2017, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled, ``Security Zones; Port Canaveral Harbor, 
Cape Canaveral Air Force Station, FL'' (82 FR 46007). There we stated 
why we issued the NPRM, and invited comments on our proposed regulatory 
action related to revising the security zone. During the comment period 
that ended November 3, 2017, we received 3 comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 
1231. The COTP Jacksonville has determined it is necessary to expand 
the security zone in the Middle Basin of Port Canaveral Harbor to 
ensure the security of military assets and waterfront facilities from 
destruction, loss, or injury from sabotage or other subversive acts, 
accidents or other causes of a similar nature.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 3 comments on our NPRM published 
October 3, 2017. One comment was in support of the rule. The other two 
comments provided recommendations and feedback to the rule. One comment 
provided a recommendation to conduct a safety study to ensure that the 
likelihood for a collision has not increased. The Coast Guard does not 
intend to conduct a safety study for the revised security zone, as 
there have been no safety concerns raised during discussions within the 
port community; including the Canaveral Pilots Association, the 
Canaveral Port Authority, U.S. Navy, and Brevard County Sheriff's 
Office. The other comment inquired about the inclusion of the U.S. Army 
Corps of Engineers (USACE) to revise the restricted area outlined in 33 
CFR 334.530 to match the Coast Guard's expanded security zone. The 
Coast Guard intends to make a recommendation to USACE to revise the 
restricted area in 33 CFR 334.530. There are no changes in the 
regulatory text of this rule from the proposed rule in the NPRM.
    This rule expands the geographical boundaries of the current 
regulated area in 33 CFR 165.705(b) to include the navigable waters of 
the Port Canaveral Harbor's Middle Basin. This revision redesignates 
Sec.  165.705(b) to new Sec.  165.705(a)(2).
    The rule also made the following amendments: (1) Changed the title 
of the existing regulation in 33 CFR 165.705 from ``Port Canaveral 
Harbor, Cape Canaveral, Florida'' to ``Security Zones: Port Canaveral 
Harbor, Cape Canaveral Air Force Station, FL;'' (2) added a new 
paragraph (c) and changed the title to ``Regulations;'' (3) 
redesignated existing paragraph (d) as new paragraph (c)(1) with minor 
non-substantive changes; (4) redesignated existing paragraph (c) as new 
paragraph (c)(2) with minor non-substantive changes; (5) and added a 
new paragraph (c)(3). Lastly, we added a new paragraph (b), entitled 
``Definitions'' to define the term ``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.

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    This regulatory action determination is based on the fact that 
although persons and vessels may not enter, transit through, anchor in, 
or remain within the security zone without authorization from the COTP 
Jacksonville or a designated representative, they may operate in the 
navigable water adjacent to the security zone and the Federal channel.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 
Order13132.
    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.

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 expanding the geographical boundaries of a permanent 
security zone that prohibit entry within certain navigable waters of 
the Port of Canaveral Harbor's Middle Basin. It is categorically 
excluded from further review under paragraph L60(a) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 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 measure, 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. Revise Sec.  165.705 to read as follows:


Sec.  165.705  Security Zones: Port Canaveral Harbor, Cape Canaveral 
Air Force Station, FL.

    (a) Regulated areas--(1) Security Zone A. East (Trident) Basin, 
Port Canaveral Harbor, at Cape Canaveral Air Force Station, Brevard 
County, Florida: All waters of the East Basin north of latitude 
28[deg]24'36'' N.
    (2) Security Zone B. Middle Basin, Port Canaveral Harbor, at Cape 
Canaveral Air Force Station, Brevard County, Florida: All waters within 
the following coordinates inside the Middle Basin: Starting at Point 1 
in position 28[deg]24'54.49'' N, 080[deg]36'39.13'' W; thence south to 
Point 2 in position 28[deg]24'53.27'' N, 080[deg]36'39.15'' W; thence 
east to Point 3 in position 28[deg]24'53.25'' N, 080[deg]36'30.41'' W; 
thence south to Point 4 in position 28[deg]24'50.51'' N, 
080[deg]36'30.41'' W; thence southeast to Point 5 in position 
28[deg]24'38.15'' N, 080[deg]36'17.18'' W; thence east to Point 6 in 
position 28[deg]24'38.16'' N, 080[deg]36'14.92'' W; thence northeast to 
Point 7 in position 28[deg]24'39.36'' N,

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080[deg]36'13.37'' W; thence following the land based perimeter 
boundary to the point of origin. These coordinates are based on North 
American Datum 1983.
    (b) Definitions. The term ``designated representative'' means 
personnel designated by or assisting the Captain of the Port (COTP) 
Jacksonville in the enforcement of the security zone. This includes 
Coast Guard Patrol Commanders, Coast Guard coxswains, petty officers, 
and other officers operating Coast Guard vessels and federal, state, 
and local law officers designated by or assisting the COTP Jacksonville 
in the enforcement of regulated navigation areas and security zones.
    (c) Regulations. (1) The general regulations governing security 
zones found in Sec.  165.33 apply to the security zones described in 
paragraph (a) of this section.
    (2) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the security zone 
unless authorized by the COTP Jacksonville or a designated 
representative.
    (3) Persons desiring to enter, transit through, anchor in, or 
remain within the security zone may request permission from the COTP 
Jacksonville by telephone at 904-714-7557, or a designated 
representative via VHF-FM radio on channel 16. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the COTP Jacksonville or the designated 
representative.

    Dated: March 29, 2018.
Todd C. Wiemers,
Captain, U.S. Coast Guard, Captain of the Port Jacksonville.
[FR Doc. 2018-07694 Filed 4-12-18; 8:45 am]
 BILLING CODE 9110-04-P