[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Rules and Regulations]
[Pages 17728-17730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05970]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0232]
RIN 1625-AA87


Security Zone; Congressional Visit, Miami Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
certain navigable waters of Biscayne Bay and the Atlantic Intracoastal 
Waterway near Miami Beach, Florida. The moving security zone will 
encompass all navigable waters within 100 yards of the M/V BISCAYNE 
LADY. This action is necessary to protect an official party, public, 
and surrounding waterways from terrorist acts, sabotage or other 
subversive acts, accidents, or other events of a similar nature. Entry 
of vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) Miami, or a designated 
representative.

DATES: This rule is effective from 6 p.m. through 11 p.m. on March 25, 
2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0232 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email LT Benjamin Adrien, Waterways Management Division, U.S. 
Coast Guard; telephone: (305) 535-4307, 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 it is impracticable and contrary to 
the public interest. Local authorities asked the Coast Guard to 
establish the security zone within several days of the request, 
therefore the Coast Guard lacks sufficient time to provide for a 
comment period and then consider those comments before issuing the 
rule, since this rule is needed by March 25, 2023. This rule s needed 
to prevent vessels from approaching the VIP location in Miami Beach, 
FL. It would be contrary to public interest to postpone establishing 
the temporary security zone.
    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 
prevent interference with the VIP visit to Miami Beach, FL.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70124. The Captain of the Port (COTP) Miami has determined the VIP 
visit on March 25, 2023 presents a potential target for terrorist acts, 
sabotage, or other subversive acts, accidents, or other causes of a 
similar nature. This moving security zone is necessary to protect the

[[Page 17729]]

official party, public, and surrounding waterways surrounding the M/V 
BISCAYNE LADY in Miami Beach, Florida.

IV. Discussion of the Rule

    This rule establishes a moving security zone from 6 p.m. through 11 
p.m. on March 25, 2023. The moving security zone will cover all 
navigable waters within 100 yards of the M/V BISCAYNE LADY. No vessel 
or person will be permitted to enter the safety zone without obtaining 
permission from the COTP Miami or a designated representative. If 
authorization to enter, transit through, anchor in, or remain within 
the security zone is granted by the COTP or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of 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. 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).
    This regulatory action determination is based on the size and 
location of the security zone. The moving security zone is limited in 
size and location as it will encompass all navigable waters within 100 
yards of the M/V BISCAYNE LADY, transiting through the ICW in the 
vicinity of Miami Beach, FL. Although persons and vessels will not be 
able to enter, transit through, anchor in, or remain within the 
security zone without authorization from the Captain of the Port Miami 
or a designated representative, they may operate in the surrounding 
area during the enforcement period. Furthermore, the rule will allow 
vessels to seek permission to enter the zone. Persons and vessels may 
only enter, transit through, anchor in, or remain within the security 
zone during the enforcement period if authorized by the Captain of the 
Port Miami 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 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, 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 
call or email 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.

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, Rev. 1, associated implementing instructions, 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 a 
temporary moving security zone lasting approximately 5 hours that will 
prohibit entry of persons or vessels during the VIP visit in Miami 
Beach, Florida. It is categorically excluded from further review under 
paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1.
    A Draft Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locating 
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the

[[Page 17730]]

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:
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T07-0232 to read as follows:


Sec.  165.T07-0232  Security Zone; VIP Visit, Miami Beach, FL.

    (a) Locations: The following is a temporary moving security zone:
    (1) All waters within 100 yards of the M/V BISCAYNE LADY, Miami 
Beach, FL from 6 p.m. until 11 p.m. on March 25, 2023.
    (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 COTP 
in the enforcement of the security zone.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit, anchor, or remain within the security zone described in 
paragraph (a) of this section unless authorized by the COTP Miami or a 
designated representative. If authorization is granted, persons and/or 
vessels receiving such authorization must comply with the instructions 
of the COTP Miami or designated representative.
    (2) Persons who must notify or request authorization from the COTP 
may do so by telephone at (305) 535-4313 or may contact a designated 
representative via VHF radio on channel 16.
    (d) Enforcement Period. This rule will be enforced from 6 p.m. 
through 11 p.m. on March 25, 2023.

    Dated: March 17, 2023.
F.J. Del Rosso,
Captain, U.S. Coast Guard, Acting, Captain of the Port Miami.
[FR Doc. 2023-05970 Filed 3-23-23; 8:45 am]
BILLING CODE 9110-04-P