[Federal Register Volume 90, Number 143 (Tuesday, July 29, 2025)]
[Rules and Regulations]
[Pages 35617-35619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14291]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0690]
RIN 1625-AA00
Security Zone; Intracoastal Waterway, Palm Beach, 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 Lake Worth Lagoon, Intracoastal Waterway, and
Atlantic Ocean near the Mar-A-Lago Club and the Southern Boulevard
Bridge in Palm Beach, Florida (FL). This rule is substantially like the
``east zone'' security zone published elsewhere in the Coast Guard's
regulations. The Coast Guard will only enforce this rule 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. 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.
DATES: This rule is effective without actual notice from July 29, 2025,
through September 30, 2025. For purposes of enforcement, actual notice
will be used from July 21, 2025, through July 29, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://
[[Page 35618]]
www.regulations.gov, type USCG-2025-0690 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 on this rule,
call or email Lieutenant Guerschom Etienne, Waterways Management
Division, Sector Miami, U.S. Coast Guard; telephone 786-295-9051, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 final rule without prior
notice and opportunity to comment pursuant to the authority in 5 U.S.C.
553(b)(B). This statutory 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.'' 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 necessary to
immediately implement enhanced security protections of presidential and
VIP personnel in and around this portion of the waterway. It is
impracticable to publish an NPRM because we must establish this
security zone as soon as practicable.
Also, 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 and contrary to the public interest
because because prompt action is needed to enhance the security
protections of presidential and VIP personnel present in the vicinity
of this waterway.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 46
U.S.C. 70051 and 70124. The Captain of the Port (COTP) Miami has
determined the security zone 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. This temporary final rule is needed to ensure the security of
vessels and navigable waters during visits to the Mar-a-Lago Club by
the President, the First Family, and other persons under the protection
of the Secret Service.
IV. Discussion of the Rule
This temporary final rule establishes a security zone from July 21,
2025, through September 30, 2025. The security zone will overlap with
the already existing ``east zone'' in 33 CFR 165.785. 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. 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
until September 30, 2025. The duration of the zone is intended to
ensure the safety of the President of the United States, members of the
First Family, or other persons under the protection of the Secret
Service.
The Coast Guard will notify the public and local mariners of this
safety zone through appropriate means, which may include, but are not
limited to, Broadcast Notice to Mariners via marine Channel 16 (VHF-
FM). Coast Guard patrol assets will also be on-scene with flashing
energized blue lights the security zone is in effect.
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.
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: (1) This security
zone impacts only a small area of the Lake Worth Lagoon, Intracoastal
Waterway, and Atlantic Ocean near the Mar-A-Lago Club and the Southern
Boulevard Bridge in Palm Beach, Florida (FL). (2) The security zone
will be enforced only 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 until September 30, 2025. (3) Vessel traffic will
be permitted to transit the area at other times. (4) The rule allows
vessels to seek permission from the COTP to transit the zone.
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 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
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
[[Page 35619]]
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
security zone impacts only a small area of the Lake Worth Lagoon,
Intracoastal Waterway, and Atlantic Ocean near the Mar-A-Lago Club and
the Southern Boulevard Bridge in Palm Beach, Florida (FL), and will be
enforced only 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. 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. 1. A 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.
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
amending 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. 01.4.
0
2. Add Sec. 165.T07-0690 to read as follows:
Sec. 165.T07-0690 Security Zone; Intracoastal Waterway, Palm Beach,
FL.
(a) Location. The following area is a security 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 any Coast Guard commissioned, warrant, petty officer, a Coast
Guard coxswain, petty officer, or other officer operating a Coast Guard
vessel, or any Federal, State, or local law enforcement officer who has
been designated by the Captain of the Port Miami (COTP) to act on his
or her behalf. The designated representative may be on an official
patrol vessel or may be on shore and will communicate with vessels via
VHF-FM radio or loudhailer. In addition, members of the Coast Guard
Auxiliary may be present to inform vessel operators of the regulations
in this section. Official patrol vessels mean any Coast Guard, Coast
Guard Auxiliary, State, or local law enforcement vessels assigned or
approved by the COTP to enforce this section.
(c) Regulations. When the security zone is enforced, the following
regulations, along with those contained in Sec. 165.785 apply:
(1) 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) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at (305) 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) Effective period and enforcement period. The security zone in
paragraph (a) of this section is in effect from July 21, 2025, through
September 30, 2025. The section is subject to enforcement at all times
during this period. The Coast Guard anticipates the safety zone 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 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.
(e) Penalties. Those who violate this section are subject to the
penalties set forth in 46 U.S.C. 70036.
Dated: July 21, 2025.
Frank J. Florio,
CAPT, U.S. Coast Guard, Captain of the Port, Sector Miami.
[FR Doc. 2025-14291 Filed 7-28-25; 8:45 am]
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