[Federal Register Volume 90, Number 130 (Thursday, July 10, 2025)]
[Proposed Rules]
[Pages 30603-30605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12819]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0319]
RIN 1625-AA87
Security Zone; Intracoastal Waterway, Palm Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to change the enforcement of an
existing security zone that encompasses certain waters of the Atlantic
Ocean near the Mar-A-Lago Club and the Southern Boulevard Bridge in
Palm Beach, FL. When the ``East Zone'' is activated all persons and
vessels will be prohibited from entering, transiting, anchoring in, or
remaining within the security zone unless authorized by the COTP Miami
or a designated representative. This action is necessary to protect the
official party, public, and surrounding waterways from terrorist acts,
sabotage or other subversive acts, accidents, or other events of a
similar nature. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before August 11, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0319 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Guerschom Etienne,
Waterways Management Division, Coast Guard; telephone: 786-295-9051,
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, Purpose, and Legal Basis
On April 19, 2018, the Coast Guard established a security zone
around Mar-a-Lago Club in 33 CFR 165.785 to ensure the safety of the
president, official party, and any other persons under the protection
of the secret service at his residence. The security zone in Sec.
165.785 consists of 3 zones with varying levels of security within the
Intracoastal Waterway and Atlantic Ocean adjacent to this location.
The Coast Guard is proposing to change the enforcement of the
existing ``East Zone'' in Mar-a-Lago due to the high concentration of
vessel traffic in the immediate area. Increased security restrictions
have been deemed necessary to ensure that no vessel inadvertently
enters the ``East Zone'' without prior authorization from the Captain
of the Port (COTP) or designated representative. The restrictions for
entering and transiting the waterway already for the ``East Zone''
would be bolstered and only 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.
Pending going through the normal rulemaking process to amend the
enforcement of the ``East Zone,'' the
[[Page 30604]]
Coast Guard published a temporary interim rule and request for
comments,\1\ which expires on July 17, 2025.
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\1\ The temporary interim rule and request for comments was
published on April 11, 2025 (90 FR 15409). Comments close on May 12,
2025.
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The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70054 and 70124.
III. Discussion of Proposed Rule
The Coast Guard proposes to change the enforcement of the ``East
Zone'' security zone, which is located on the waters of the Atlantic
Ocean near the Mar-a-Lago Cub and the Southern Boulevard Bridge in Palm
Beach, FL. When the ``East Zone'' is activated, the Coast Guard
proposes to amend Sec. 165.785(c)(3) by stating, ``All persons and
vessels are prohibited from entering, transiting, anchoring in, or
remaining within the security zone unless authorized by the COTP Miami
or a designated representative.'' The current regulation in Sec.
165.785(c)(3) states, ``All persons and vessels are required to transit
the security zone at a steady speed and may not slow down or stop
except in the case of unforeseen mechanical failure or other emergency.
Any persons or vessels forced to slow or stop in the zone shall
immediately notify the COTP Miami via VHF channel 16.''
The proposed change would ensure the safety of the president,
official party, and any other persons under the protection of the
secret service at his residence.
No other change would be made to Sec. 165.785. 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.
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 NPRM has not been designated a ``significant
regulatory action'' under section 3(f) of Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the conditions
already present in this waterway since the initial establishment of the
security zone. The security restrictions on the zone, though slightly
more restrictive on vessel traffic, will greatly enhance protections of
people under the protection of the Secret Service.
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
safety zone 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 rule would economically affect it.
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 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 call or email 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 call or email 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 potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 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 would restrict entry within
certain waters of the Intracoastal Waterway and the Atlantic Ocean in
Palm Beach, FL. Normally such actions are categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration
[[Page 30605]]
supporting this determination is available in docket USCG-2025-0225, a
temporary rule previously established for the same security zone. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2025-0319 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing 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: 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. Amend Sec. 165.785 to read as follows:
Sec. 165.785 Security Zone; Presidential Security Zone, Palm Beach,
FL.
(a) Location. The following area is a security zone:
(1) Center zone. All waters of Lake Worth Lagoon from surface to
bottom within the following points: Beginning at Point 1 in position
26[deg]41'21'' N, 80[deg]02'39'' W; thence east to Point 2 in position
26[deg]41'21'' N, 80[deg]02'13'' W; thence south following the
shoreline to Point 3 in position 26[deg]39'58'' N, 80[deg]02'20'' W;
thence west to Point 4 in position 26[deg]39'58'' N, 80[deg]02'38'' W,
thence back to origin at Point 1.
(2) West zone. All waters of Lake Worth Lagoon from surface to
bottom within the following points: Beginning at Point 1 in position
26[deg]41'21'' N, 80[deg]02'39'' W; thence west to Point 2 in position
26[deg]41'21'' N, 80[deg]03'00'' W; thence south following the
shoreline to Point 3 in position 26[deg]39'58'' N, 80[deg]02'55'' W;
thence east to Point 4 in position 26[deg]39'58'' N, 80[deg]02'38'' W,
thence back to origin at Point 1.
(3) East zone. All waters of the Atlantic Ocean from surface to
bottom within the following points: Beginning at Point 1 in position
26[deg]41'21'' N, 80[deg]02'01'' W; thence south following the
shoreline to Point 2 in position 26[deg]39'57'' N, 80[deg]20'9'' W;
thence east to Point 3 in position 26[deg]39'57'' N, 80[deg]01'36'' W;
thence north to Point 4 in position 26[deg]41'22'' N, 80[deg]01'29'' W,
thence back to origin at Point 1.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector Miami (COTP) in the enforcement of the
security zone.
(c) Regulations.
(1) Center zone. All persons and vessels are prohibited from
entering, transiting, anchoring in, or remaining within the security
zone unless authorized by the COTP Miami or a designated
representative.
(2) West zone. All persons and vessels are required to transit the
security zone escorted by an on-scene designated representative at a
steady speed and may not slow down or stop except in the case of
unforeseen mechanical failure or other emergency. Any persons or
vessels forced to slow or stop in the zone shall immediately notify the
COTP Miami via VHF channel 16.
(3) East zone. All persons and vessels are prohibited from
entering, transiting, anchoring in, or remaining within the security
zone unless authorized by the COTP Miami or a designated
representative.
(4) Contacting Captain of the Port. To seek permission to enter,
contact the COTP or the COTP's representative by telephone at (305)
(5) 535-4472 or may contact a designated representative via VHF
radio on channel 16. Those in the security zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
(d) Enforcement period.
(1) 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 in Palm Beach, Florida. The Coast Guard will
rely on the methods described in 33 CFR 165.7 to notify the public
prior to activation of any of the security zones described in paragraph
(a) of this section. Coast Guard patrol assets will also be on-scene
with flashing energized blue lights when the center, west, or east
security zone is in effect.
Dated: April 22, 2025.
Christopher R. Cederholm,
Captain, U.S. Coast Guard, Captain of the Port Sector Miami.
[FR Doc. 2025-12819 Filed 7-9-25; 8:45 am]
BILLING CODE 9110-04-P