[Federal Register Volume 84, Number 134 (Friday, July 12, 2019)]
[Rules and Regulations]
[Pages 33169-33172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14876]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0007]
RIN 1625-AA87


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the existing security zone 
regulations for the Port of Palm Beach, Port Everglades, Port of Miami, 
and Port of Key West Florida. The amendments will create a new section 
for Sector Key West security zones; clarify when the Port Everglades 
fixed security zones will be in effect; modify and lengthen a portion 
of one Port Everglades fixed security zone; and update language and 
definitions throughout the regulation. The security zones are intended 
to protect the public and ports from potential subversive acts.

DATES: This rule is effective August 12, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0007 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 Samuel Rodriguez-Gonzalez, Sector Miami 
Waterways Management Division, U.S. Coast Guard; telephone (305) 535-
4307, email [email protected]; or BMC Greg Bergstrom, 
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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard published a notice of proposed rulemaking \1\ 
(NPRM) on September 16, 2016. The comment period closed on November 15, 
2016. The Coast Guard received two comments. Based on the comments 
received we made minute changes to specific coordinates of the proposed 
security zone listed in Sec.  165.760(b)(3) to provide a larger 
security ``standoff'' distance. We issued a supplemental notice of 
proposed rulemaking \2\ (SNPRM) on February 7, 2019 to provide the 
public with an opportunity to comment on these supplemental changes. 
The comment period on the SNPRM closed on March 11, 2019. We received 
two comments on the SNPRM, which are discussed below.
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    \1\ The NPRM was issued under docket number USCG-2016-0327 (see 
81 FR 63728).
    \2\ The SNPRM was issued under docket number, USCG-2018-0007 
(see 84 FR 2479).
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III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The purpose of this rule is to 
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, update language throughout the regulation for administrative 
reasons, and to protect the public and Ports from potential subversive 
acts.

IV. Discussion of the SNPRM and the Rule

    As noted above, we received two comments on the SNPRM. The first 
commenter was in support of the security zone, but noted incorrect 
terms for landmarks used in the preamble. This commenter pointed out 
that the SNPRM's preamble incorrectly referred to Berth 7 as the 
southern point of the fixed security zone encompassing the Port 
Everglades Turning Basin and cruise and petroleum berths. However, the 
commenter noted that the SNPRM's regulatory text in Sec.  
165.760(b)(3), correctly referred to the northern tip of Berth 22. The 
regulatory text that will appear in the final rule has the correct 
wording and uses latitude and longitude designations to avoid any 
confusion.
    The same commenter noted that while the moving security zone would 
only apply to passenger vessels and other vessels carrying cargoes of a 
particular hazard, or liquefied hazardous gas, it might be necessary to 
extend that to other vessels at higher Maritime Security (MARSEC) 
levels using other existing Captain of the Port (COTP) authorities. The 
security zone discussed in this rule is a fixed security zone, and does 
not contain a moving security zone. At higher MARSEC levels, Port 
Everglades will increase their security measures accordingly to 
mitigate security vulnerabilities and ensure the safety of all vessels.
    The second commenter asked how the Coast Guard would deal with the 
increase in patrols, and wanted to know if the Coast Guard is equipped 
to handle the extra workload. The Coast Guard works closely with 
Broward County Sheriff's Office to ensure the security zone is enforced 
in Port Everglades. Increased vessel traffic has been managed with 
success, and has not been a concern. The updated fixed security zone 
extends further south than the security zone it is replacing, but that 
is not expected to result in more patrols. The longer security zone 
will increase the geographic area that law enforcement vessels will 
patrol; however, the patrols are not expected to be conducted more 
often as a result of the updated security zone.
    We note we erroneously mentioned in the preamble of the SNPRM that 
we were going to revise the regulatory text by using the names of state 
parks when referencing certain coordinates. It was determined that the 
names of the state parks did not add any clarity to the regulatory 
text; therefore, we did not propose this change after all.
    With this final rule, we are finalizing the regulatory text 
proposed in the SNPRM without any further revisions.

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

[[Page 33170]]

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.
    This regulatory action determination is based on the following 
reasons: (1) Persons and vessels would still be able to operate in 
waters surrounding 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 on VHF-FM 
marine channels 16 when applicable; and (4) persons and vessels may 
operate within the security zone if authorized by Captain of the Port 
Miami, Captain of the Port Key West, 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 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.
    This rule 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 section V.A. Regulatory Planning and 
Review above, this rule will not have a significant economic impact on 
a substantial number of small entities.
    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.

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 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
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 amending security zones. It is 
categorically excluded from further review under paragraph L60(a) in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures 5090.1. A Memorandum for the Record (MFR) 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: 46 U.S.C. 70034, 70051; 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.  165.760 to read as follows:

[[Page 33171]]

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

    (a) Definitions. (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 (LHG) is defined in 33 CFR part 127.
    (b) Locations. 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]46'22'' N, 
80[deg]00'37'' W, when entering the Port of Palm Beach; passes Port 
Everglades Lighted Buoy PE, at approximate position 26[deg]05'30'' N, 
080[deg]04'46'' W, when entering Port Everglades; and passes Miami 
Lighted Buoy M, at approximate position 25[deg]46'05'' N, 
080[deg]05'01'' 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, south 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 Port of Miami. The western boundary is 
formed by an imaginary line from points 25[deg]46'45'' N, 
080[deg]10'52'' W, northwest to 25[deg]46'46'' N, 080[deg]10'54'' W, 
northeast to 25[deg]46'53'' N, 080[deg]10'50'' W, and extending 
northeast ending at Watson Island at 25[deg]47'00'' N, 080[deg]10'40'' 
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]46'20'' N, 080[deg]09'07'' W, extending southwest 
across the Main Channel to Port of Miami, at 25[deg]46'16'' N, 
080[deg]09'11'' W. 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]05'24'' N, 080[deg]06'57'' W, on the northern tip of Berth 22, 
to the northernmost point 26[deg]06'01'' N, 080[deg]07'09'' W, near the 
west side of the 17th Street Bridge and then move west to the 
northwestern most point at 26[deg]06'01'' N, 080[deg]07'10'' W. 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]05'25'' N, 080[deg]06'58'' 
W, on the northern tip of Berth 22 at Mid-Port, to a point directly 
east along the Intracoastal Waterway, 26[deg]05'25'' N, 080[deg]06'54'' 
W, then southeast along the Intracoastal Waterway to 26[deg]05'10'' N, 
080[deg]06'49'' W, then southwest along the Intracoastal Waterway to 
26[deg]04'43'' N, 080[deg]06'53'' W, then south along the Intracoastal 
Waterway to 26[deg]03'54'' N, 080[deg]06'52'' W, and then west to the 
Port Everglades pier face just north of the Dania Cut-Off Canal at 
26[deg]03'54'' N, 080[deg]06'55'' 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 LHG is encouraged to make a 
security broadcast on VHF Marine Band Radio Channel 16 (156.8 MHz) to 
advise mariners of the moving security zone activation and intended 
transit.
    (2) In accordance with the general regulations Sec.  165.33, entry 
into these zones is prohibited, except as authorized by the Captain of 
the Port of 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 section for any vessel upon finding that the vessel or class of 
vessel, operational conditions, or other circumstances are such that 
application of this section is unnecessary or impractical for the

[[Page 33172]]

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) Definitions. (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 (LHG) is defined in 33 CFR part 127.
    (b) Location. The following area is a security zone: 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 zones is 
activated when the subject vessel passes Key West Entrance Lighted 
Whistle Buoy KW, at approximate position 24[deg]27'26'' N, 
081[deg]48'00'' 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 16 (156.8 MHz) to 
advise mariners of the moving security zone activation and intended 
transit.
    (2) In accordance with the general regulations Sec.  165.33, entry 
into these zones is prohibited except as authorized by the Captain of 
the Port of 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 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 in, transit through, 
anchor in, or remain within 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 section for any vessel upon finding that the 
vessel or class of vessel, operational conditions, or other 
circumstances are such that application of this section is unnecessary 
or impractical for the purpose of port security, safety, or 
environmental safety.

    Dated: June 11, 2019.
P.J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2019-14876 Filed 7-11-19; 8:45 am]
BILLING CODE 9110-04-P