Security Zone; Presidential Security Zone, Palm Beach, FL, 17295-17299 [2018-08230]
Download as PDF
Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Rules and Regulations
DoD published a revised FOIA program
rule as a result of the FOIA
Improvement Act of 2016. When the
DoD FOIA program rule was revised, it
included DoD component information
and removed the requirement for
component supplementary rules. The
DoD now has one DoD-level rule for the
FOIA program that contains all the
codified information required for the
Department.
DATES:
This rule is effective on April 19,
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0016]
RIN 1625–AA87
Security Zone; Presidential Security
Zone, Palm Beach, FL
Coast Guard, DHS.
Final rule.
AGENCY:
2018.
ACTION:
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
Alecia Bolling at 703–428–6081.
It has been
determined that publication of this CFR
part removal for public comment is
impracticable, unnecessary, and
contrary to public interest since it is
based on removing Army’s internal
policies and procedures that are
publically available on the Army’s
website.
The Department of the Army’s
internal guidance concerning the
implementation of the FOIA within the
Department of the Army will continue
to be published in Army Regulation 25–
55 (available at https://
www.apd.army.mil/epubs/DR_pubs/DR_
a/pdf/web/r25_55.pdf).
This rule is one of 14 separate DoD
FOIA rules. With the finalization of the
DoD-level FOIA rule at 32 CFR part 286,
the Department is eliminating the need
for this separate FOIA rule and reducing
costs to the public as explained in the
preamble of the DoD-level FOIA rule
published at 83 FR 5196–5197.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 518
Administrative practice and
procedure, Freedom of information.
PART 518—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 518 is removed.
rmajette on DSKBCKNHB2PROD with RULES
■
Dated: April 13, 2018.
Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2018–08204 Filed 4–18–18; 8:45 am]
BILLING CODE 5001–03–P
VerDate Sep<11>2014
14:35 Apr 18, 2018
Jkt 244001
The Coast Guard is
establishing a security zone that
encompasses certain 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). 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 May 21,
2018.
To view documents
mentioned in this preamble go to:
https://www.regulations.gov and enter
USCG–2017–0016 in the ‘‘SEARCH’’
feature. 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, Petty Officer Mara Brown,
Waterways Management Division, U.S.
Coast Guard; telephone 305–535–4317,
email Mara.J.Brown@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
FL Florida
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
Through this final rule, the United
States Coast Guard is establishing a
security zone that encompasses certain
waters of the Lake Worth Lagoon, the
Intracoastal Waterway, and the Atlantic
Ocean in the vicinity of the Mar-a-Lago
Club and the Southern Boulevard Bridge
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
17295
in Palm Beach, FL. The security zone is
necessary to protect the official party,
the public, and the surrounding
waterway from terrorist acts, sabotage or
other subversive acts, accidents, or other
events of a similar nature. The Coast
Guard will only enforce the security
zone 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. On June 20,
2017, the Coast Guard published a
notice of proposed rulemaking (NPRM)
entitled, ‘‘Security Zone; Presidential
Security Zone, Palm Beach, FL’’ in the
Federal Register (82 FR 28036). In the
NPRM, we invited members of the
public to provide comments on our
proposed regulatory action related to
this security zone. During the comment
period, which ended on July 20, 2017,
the Coast Guard received sixteen
submissions containing twenty-two
separate comments.
III. Legal Authority and Need for the
Rule
The Coast Guard is issuing this rule
under the authority in 33 U.S.C. 1231.
The 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. The
purpose of this rule is 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 Comments and
Changes to the Rule
A. Discussion of Comments
The Coast Guard received sixteen
submissions from the public consisting
of twenty-two separate comments in
response to the proposed rule. The total
number of comments exceeds the
number of submissions because many
commenters expressed their views about
more than one aspect of the proposed
rule. All the comments we received
were from private citizens and are
discussed below.
Six commenters endorsed the Coast
Guard’s proposal, but some of these
commenters had questions or concerns
that we will discuss individually below.
Three commenters expressed
opposition to the proposed rule. One of
these commenters expressed opposition
to any waterway restrictions. We note
this opposition. The two other
commenters expressed concern that the
restrictions on boaters would be
E:\FR\FM\19APR1.SGM
19APR1
rmajette on DSKBCKNHB2PROD with RULES
17296
Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Rules and Regulations
permanently enforced year round. As
noted in the NPRM, the security zone
will not be in effect at all times. The
Coast Guard will only enforce the
security zone when the President, First
Family, or persons receiving Secret
Service protection are present or
expected to be present at the Mar-a-Lago
Club.
Three commenters had regulatoryrelated questions. Two questions were
of a similar nature, involving public
notification. One of these commenters
suggested the Coast Guard notify each
affected property owner prior to
activating the security zone. The other
commenter asked if signs advising the
public of the security zone would be
placed on a nearby bridge and
surrounding area. The Coast Guard
considered these comments and will
amend the final rule’s regulatory text in
section 165.785(d) to advise the public
that it will rely on our notification
methods described in 33 CFR 165.7 to
notify the local community prior to
activating the security zone.1 The Coast
Guard will send a Maritime Safety
Information Bulletin (MSIB) that
contains a map of the security zone and
description of the regulation to a local
marine industry group who will
circulate the MSIB among local marinas
and local boating clubs. In addition, onscene Coast Guard units will distribute
MSIBs to approaching boaters. The
Coast Guard will also issue a press
release to local news outlets, and post
the information on social media and on
its news website at: www.news.uscg.mil.
On-scene Coast Guard patrol assets will
also display flashing energized blue
lights when the center, west, or east
security zones are in effect. Finally, the
Coast Guard will issue a Broadcast
Notice to Mariners (BNM) over VHF
marine radio on channel 16. The third
commenter asked if first-time violators
of the security zone could receive a
reduced fine. Any violation of the
security zone may result in fines and/or
penalties as set forth in 33 U.S.C. 1232
and 50 U.S.C. 192; however, law
enforcement units enforcing the security
zone will determine whether a citation
or warning is warranted on a case-bycase basis.
Four submissions were related to the
restrictions being placed on boater
activities, including non-motorized
boats such as kayaks, canoes, and
paddleboards. These comments ranged
1 33 CFR 165.7(a) permits the Coast Guard to
notify persons of the establishment of limited
access areas and regulated navigation areas by
‘‘marine broadcasts, local notice to mariners, local
news media, distribution in leaflet form, and onscene oral notice, as well as publication in the
Federal Register.’’
VerDate Sep<11>2014
14:35 Apr 18, 2018
Jkt 244001
from concerns the security zone would
affect the pleasure of boating to
concerns that residents would not be
allowed to use their boats at all. They
also expressed concerns that they would
not be able to return to their waterfront
homes when the security zone was
activated. The east or west security
zones do not prohibit boaters from
travelling through these zones; they
merely regulate how boaters may transit
through these areas. The west zone
requires persons and vessels seeking to
travel through this zone to be escorted
by an on-scene designated
representative, maintain a steady speed,
and not slow down or stop except in the
case of unforeseen mechanical failure or
other emergency. The east zone does not
require an escort, but requires persons
and vessels seeking to travel through
this zone to travel at a steady speed, and
not slow down or stop except in the
case of unforeseen mechanical failure or
other emergency. The center zone is the
only zone that prohibits any vessel or
person from entering, transiting,
anchoring in, or remaining within the
zone without obtaining permission from
the COTP Miami or a designated
representative, while the security zone
is in effect. Boaters wishing to return
home through the center zone when this
zone is in effect will have to notify onscene law enforcement units who will
then escort them back to their dock.
In addition, the commenters
advocated for allowing non-motorized
boats to come within 50 feet of the Mara-Lago Club, which is adjacent to the
center zone. As stated above, boats are
prohibited from entering, transiting,
anchoring in, or remaining in the center
zone without obtaining permission from
the COTP Miami or a designated
representative. Allowing pleasure boats
to enter this zone for recreational
purposes while the security zone is in
effect would reduce the effectiveness of
this zone as a protective measure.
One commenter expressed concerns
that the rule would affect businesses in
the area, which heavily rely on tourist
dollars, especially during the peak
autumn months. The commenter added
one of the primary attractions to Florida
is the boating and fishing industries and
the creation of the security zone would
discourage tourists from visiting the
area, and as a result, local businesses
would lose revenue. We believe
businesses that rely on tourism will not
be affected by this rule because these
businesses will be allowed to continue
to conduct their business practices as
they normally would even when the
security zone is in effect.
Another commenter sought
clarification on why the proposed rule
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
would not adversely affect the economy,
and why making this a permanent rule
that would be enforced using
government resources is required or
provides a cost benefit to the public in
lieu of the ‘‘temporary security zones’’
referenced in the NPRM at Section II,
‘‘Background, Purpose, and Legal
Basis.’’ The rule will not have an
adverse effect on the economy because
this rule will not have an annual effect
on the economy of $100 million or more
or adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities. For further information
on the economic analysis of this rule,
see sections V.A. and V.B. of this final
rule below. The security zone
established by this rule would not be in
effect all the time, but only during visits
by the President, the First Family, and
other persons under the protection of
the Secret Service to the Mar-a-Lago
Club. The Coast Guard conducted a
cost-benefit analysis of this regulatory
action, and determined creating a
permanent security zone was the best
approach to achieve our regulatory
objectives because of the recurring need
for the zone for an extended period of
time. Establishing a permanent security
zone allows the public and potentially
affected persons to establish certainty
about expected protection measures
during such visits.
One comment addressed concerns
with the public’s ability to protest from
their boats. The Coast Guard respects
the First Amendment rights of
protesters. Any persons wishing to
protest in a location affected by this rule
should contact the person listed in the
FOR FURTHER INFORMATION CONTACT
section so they may coordinate protest
activities in a manner that would not
jeopardize the safety or security of
people, places, or vessels.
Another commenter stated the way in
which armed on-scene Coast Guard
personnel speed toward boaters is
unnecessary and intimidating. The
commenter added that approaching
boaters in this manner tends to make the
boater stop, but the proposed rule states
that boaters should not stop or they will
be considered a threat. The purpose of
the security zone is to protect the
official party, the public, and the
surrounding waterway from terroristic
acts, sabotage or other subversive acts,
accidents, or other events of a similar
nature. As such, the Coast Guard must
adhere to certain protocols in the course
of enforcing the security zone. On-scene
Coast Guard units are following
established protocols that include
E:\FR\FM\19APR1.SGM
19APR1
Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Rules and Regulations
rmajette on DSKBCKNHB2PROD with RULES
having armed personnel who will
approach and investigate all vessels
seeking escort through the security zone
to ensure the safety of all persons
involved.
One commenter requested the Coast
Guard establish a safety zone, in
addition to a security zone, in the
waters around the Mar-a-Lago Club, and
suggested this could easily be done by
placing floating buoys in the safety zone
area advising boaters that the area is
inaccessible. The commenter is
concerned that dredging would occur
around the Mar-a-Lago Club, which
would allow boaters to anchor their
vessels unattended within the area
covered by the security zone, and then
when the security zone goes into effect
there would be no place to put these
vessels. The waters around the Mar-aLago Club are not deep enough for
boaters to anchor their vessels nor has
there been an issue with boaters
attempting to anchor their vessels in the
waters around the Mar-a-Lago Club. The
Coast Guard has determined a security
zone is sufficient to mitigate any
potential security threats presented
while protected persons are in the
residence at the Mar-a-Lago Club.
We received one comment suggesting
that the Coast Guard’s protection of the
waters near the Mar-A-Lago Club should
be tied to the Coast Guard’s budget. This
comment is beyond the scope of this
rulemaking.
B. Discussion of Changes
This rule contains changes in the
regulatory text from the NPRM. We
found the coordinates defining the east
security zone (section 165.785(a)(3)) to
be incorrect. The incorrect coordinates
extended the east security zone further
offshore than intended. The regulatory
text in this rule contains the corrected
coordinates. The revised coordinates for
the east zone are: All waters of the
Atlantic Ocean within the following
points: Beginning at Point 1 in position
26°41′21″ N, 80°02′01″ W; thence south
following the shoreline to Point 2 in
position 26°39′57″ N, 80°2′09″ W;
thence east to Point 3 in position
26°39′57″ N, 80°01′36″ W; thence north
to Point 4 in position 26°41′22″ N,
80°01′29″ W, thence back to the origin
at Point 1.
In 33 CFR 165.785(a)(1)–(a)(3), the
words ‘‘surface to bottom’’ are added to
clarify the extent of the intended
coverage of the security zone.
In response to public comments we
have revised the regulatory text in
section 165.785(d) to provide for
additional public outreach information
not listed in the NPRM. The Coast
Guard will notify the local community
VerDate Sep<11>2014
14:35 Apr 18, 2018
Jkt 244001
of the security zone in several ways
consistent with our notification
regulations contained in 33 CFR 165.7.
Prior to activating the security zone, the
Coast Guard will send a MSIB that
contains a map of the security zone and
description of the regulation to a local
marine industry group who will
circulate the MSIB among local marinas
and local boating clubs. In addition, onscene Coast Guard units will distribute
MSIBs to approaching boaters. The
Coast Guard will also issue a press
release to local news outlets, and post
the information on social media and on
its news website at: www.news.uscg.mil.
On-scene Coast Guard patrol assets will
display flashing energized blue lights
when the center, west, or east security
zones are 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, and we discuss the
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory
Planning and Review) and 13563
(Improving Regulation and Regulatory
Review) 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
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying costs and benefits, reducing
costs, harmonizing rules, and promoting
flexibility. Executive Order 13771
(Reducing Regulation and Controlling
Regulatory Costs) directs agencies to
reduce regulation and control regulatory
costs and provides that ‘‘for every one
new regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See the OMB
Memorandum titled ‘‘Guidance
Implementing Executive Order 13771,
‘Reducing Regulation and Controlling
Regulatory Costs’’’ (April 5, 2017).
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
17297
The economic impact of this rule is
not significant for the following reasons:
(1) The security zone will only 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; (2)
The center zone will only affect a
relatively small area of the Intracoastal
Waterway in Palm Beach, FL and
vessels will be able to transit the zone
if granted permission to do so by the
COTP Miami or a designated
representative; (3) The west zone is
located in an area of the Intracoastal
Waterway where vessel traffic is low,
approximately 152 vessels per day, and
vessels will be allowed to transit the
zone when escorted by an on-scene
designated representative; (4) Vessels
may transit the east zone at a steady
speed as long as they do not slow down
or stop except in case of unforeseen
mechanical failure or other emergency;
and (5) The Coast Guard will notify the
local community of the security zone in
several ways consistent with our
notification regulations contained in 33
CFR 165.7. Prior to activating the
security zone, the Coast Guard will send
a Maritime Safety Information Bulletin
(MSIB) that contains a map of the
security zone and description of the
regulation to a local marine industry
group who will circulate the MSIB
among local marinas and local boating
clubs. In addition, on-scene Coast Guard
units will distribute MSIBs to
approaching boaters. The Coast Guard
will also issue a press release to local
news outlets, and post the information
on social media and on its news website
at: www.news.uscg.mil. On-scene Coast
Guard patrol assets will display flashing
energized blue lights when the center,
west, or east security zones are in effect.
Larger vessels may need to wait to pass
under the Southern Boulevard Bridge,
which has set opening times pursuant to
a separate existing regulation at 33 CFR
117.261(w). The bridge opens on the
quarter-hour and three-quarter hour, or
as directed by the on-scene 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
E:\FR\FM\19APR1.SGM
19APR1
17298
Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Rules and Regulations
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 security
zones 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.
rmajette on DSKBCKNHB2PROD with RULES
C. Collection of Information
This rule does 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
VerDate Sep<11>2014
14:35 Apr 18, 2018
Jkt 244001
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, which guides 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 lasting only a few days at
a time that will restrict entry within
certain waters of the Intracoastal
Waterway and the Atlantic Ocean in
Palm Beach, FL. 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, and under paragraph
34(g) of Figure 2–1 of Commandant
Instruction M16475.lD. 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
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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
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.
2. Add § 165.785 before the
undesignated center heading ‘‘Eighth
Coast Guard District’’ to read as follows:
■
§ 165.785 Security Zone; Presidential
Security Zone, Palm Beach, FL.
(a) Regulated areas. The following
areas are security zones:
(1) Center zone. All waters of Lake
Worth Lagoon from surface to bottom
within the following points: Beginning
at Point 1 in position 26°41′21″ N,
80°02′39″ W; thence east to Point 2 in
position 26°41′21″ N, 80°02′13″ W;
thence south following the shoreline to
Point 3 in position 26°39′58″ N,
80°02′20″ W; thence west to Point 4 in
position 26°39′58″ N, 80°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°41′21″ N,
80°02′39″ W; thence west to Point 2 in
position 26°41′21″ N, 80°03′00″ W;
thence south following the shoreline to
Point 3 in position 26°39′58″ N,
80°02′55″ W; thence east to Point 4 in
position 26°39′58″ N, 80°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°41′21″ N,
80°02′01″ W; thence south following the
shoreline to Point 2 in position
26°39′57″ N, 80°2′09’’W; thence east to
Point 3 in position 26°39′57″ N,
80°01′36″ W; thence north to Point 4 in
position 26°41′22″ N, 80°01′29″ W,
thence back to origin at Point 1.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, as well as Federal, state, and
local officers designated by or assisting
the COTP Miami with enforcing 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
E:\FR\FM\19APR1.SGM
19APR1
Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Rules and Regulations
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 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.
(4) Contacting Captain of the Port.
Persons who must notify or request
authorization from the COTP Miami
may do so by telephone at (305)535–
4472 or may contact a designated
representative via VHF radio on channel
16. If authorization to enter, transit
through, anchor in, or remain within the
security zone is granted by the COTP
Miami or a designated representative,
all persons and vessels receiving such
authorization must comply with the
instructions of the COTP Miami or the
designated representative.
(d) Enforcement period. 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 § 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.
ACTION:
49 CFR Part 1105
Final rules.
SURFACE TRANSPORTATION BOARD
The Surface Transportation
Board (Board) is updating its regulations
to replace certain obsolete or incorrect
references in the regulations.
DATES: This rule is effective May 19,
2018.
FOR FURTHER INFORMATION CONTACT:
Sarah Fancher: (202) 245–0355. Federal
Information Relay Service (FIRS) for the
hearing impaired: (800) 877–8339.
SUPPLEMENTARY INFORMATION: In this
decision, the Board is revising,
correcting, and updating its regulations
in 49 CFR ch. X.
This decision makes the following
changes to the Board’s regulations:
• Eliminates or changes obsolete
agency and/or office titles (e.g., 49 CFR
1011.6, 1105.7(b)(9), 1200.2);
• corrects obsolete contact
information (e.g., 49 CFR 1244.4(c)(1));
• corrects references to United States
Code or Code of Federal Regulations
sections that have been moved or are
otherwise incorrect (e.g., 49 CFR 1244.4,
1244.9(b));
• provides that appeals under 49 CFR
1244.9 must be filed with the Board (49
CFR 1244.9(d)(4)(iii)); and
• eliminates other obsolete or
unnecessary material (i.e., 49 CFR
1105.7(b), 1244.9(d)(2)).
Because these revisions are not
substantive and/or relate to rules of
agency organization, procedure, or
practice, the Board finds good cause that
notice and comment under the
Administrative Procedure Act (APA) are
unnecessary. 5 U.S.C. 553(b)(3)(A) & (B).
The Regulatory Flexibility Act (RFA),
as amended by the Small Business
Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 601–612, generally
requires an agency to prepare a
regulatory flexibility analysis of any rule
subject to notice and comment
rulemaking requirements, unless the
agency certifies that the rule will not
have a significant economic impact on
a substantial number of small entities.
Because the Board has determined that
notice and comment are not required
under the APA for this rulemaking, the
requirements of the RFA do not apply.
These final rules do not contain a new
or amended information collection
requirement subject to the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
3521.
49 CFR Chapter X
List of Subjects
[Docket No. EP 746]
49 CFR Part 1011
Administrative practice and
procedure, Authority delegations
(Government agencies), Organization
and functions (Government agencies).
Dated: April 7, 2018.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2018–08230 Filed 4–18–18; 8:45 am]
rmajette on DSKBCKNHB2PROD with RULES
BILLING CODE 9110–04–P
Updating the Code of Federal
Regulations
AGENCY:
Surface Transportation Board.
VerDate Sep<11>2014
14:35 Apr 18, 2018
Jkt 244001
SUMMARY:
PO 00000
Frm 00013
Fmt 4700
17299
Sfmt 4700
Environmental impact statements,
Reporting and recordkeeping
requirements.
49 CFR Part 1200
Freight forwarders, Maritime carriers,
Motor carriers, Railroads, Uniform
System of Accounts.
49 CFR Part 1201
Railroads, Uniform System of
Accounts.
49 CFR Part 1244
Freight, Railroads, Reporting and
recordkeeping requirements.
49 CFR Part 1248
Freight, Railroads, Reporting and
recordkeeping requirements, Statistics.
49 CFR Part 1260
Archives and records.
It is ordered:
1. The rule modifications set forth
below are adopted as final rules.
2. This decision is effective May 19,
2018.
Decided: April 16, 2018.
By the Board, Board Members Begeman
and Miller.
Kenyatta Clay,
Clearance Clark.
For the reasons set forth in the
preamble, under the authority of 49
U.S.C. 1321, title 49, chapter X, parts
1011, 1105, 1200, 1201, 1244, 1248, and
1260 of the Code of Federal Regulations
are amended as follows:
PART 1011—BOARD ORGANIZATION;
DELEGATIONS OF AUTHORITY
1. The authority citation for part 1011
continues to read as follows:
■
Authority: 5 U.S.C. 553; 31 U.S.C. 9701;
49 U.S.C. 1301, 1321, 11123, 11124, 11144,
14122, and 15722.
§ 1011.6
[Amended]
2. In § 1011.6:
a. In paragraph (e), remove ‘‘Director
of the Office of Economics,
Environmental Analysis, and
Administration’’ and add in its place
‘‘Director of the Office of Economics’’.
■ b. In paragraph (f), remove ‘‘Director
and Associate Director of the Office of
Economics, Environmental Analysis,
and Administration and the Chief of the
Section of Economics’’ and add in its
place ‘‘Director of the Office of
Economics’’.
■
■
E:\FR\FM\19APR1.SGM
19APR1
Agencies
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Rules and Regulations]
[Pages 17295-17299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08230]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0016]
RIN 1625-AA87
Security Zone; Presidential Security Zone, Palm Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a security zone that
encompasses certain 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). 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 May 21, 2018.
ADDRESSES: To view documents mentioned in this preamble go to: https://www.regulations.gov and enter USCG-2017-0016 in the ``SEARCH'' feature.
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, Petty Officer Mara Brown, Waterways Management Division,
U.S. Coast Guard; telephone 305-535-4317, 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
FL Florida
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Through this final rule, the United States Coast Guard is
establishing a security zone that encompasses certain waters of the
Lake Worth Lagoon, the Intracoastal Waterway, and the Atlantic Ocean in
the vicinity of the Mar-a-Lago Club and the Southern Boulevard Bridge
in Palm Beach, FL. The security zone is necessary to protect the
official party, the public, and the surrounding waterway from terrorist
acts, sabotage or other subversive acts, accidents, or other events of
a similar nature. The Coast Guard will only enforce the security zone
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. On June 20, 2017, the Coast Guard published
a notice of proposed rulemaking (NPRM) entitled, ``Security Zone;
Presidential Security Zone, Palm Beach, FL'' in the Federal Register
(82 FR 28036). In the NPRM, we invited members of the public to provide
comments on our proposed regulatory action related to this security
zone. During the comment period, which ended on July 20, 2017, the
Coast Guard received sixteen submissions containing twenty-two separate
comments.
III. Legal Authority and Need for the Rule
The Coast Guard is issuing this rule under the authority in 33
U.S.C. 1231. The 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. The purpose of this
rule is 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 Comments and Changes to the Rule
A. Discussion of Comments
The Coast Guard received sixteen submissions from the public
consisting of twenty-two separate comments in response to the proposed
rule. The total number of comments exceeds the number of submissions
because many commenters expressed their views about more than one
aspect of the proposed rule. All the comments we received were from
private citizens and are discussed below.
Six commenters endorsed the Coast Guard's proposal, but some of
these commenters had questions or concerns that we will discuss
individually below.
Three commenters expressed opposition to the proposed rule. One of
these commenters expressed opposition to any waterway restrictions. We
note this opposition. The two other commenters expressed concern that
the restrictions on boaters would be
[[Page 17296]]
permanently enforced year round. As noted in the NPRM, the security
zone will not be in effect at all times. The Coast Guard will only
enforce the security zone when the President, First Family, or persons
receiving Secret Service protection are present or expected to be
present at the Mar-a-Lago Club.
Three commenters had regulatory-related questions. Two questions
were of a similar nature, involving public notification. One of these
commenters suggested the Coast Guard notify each affected property
owner prior to activating the security zone. The other commenter asked
if signs advising the public of the security zone would be placed on a
nearby bridge and surrounding area. The Coast Guard considered these
comments and will amend the final rule's regulatory text in section
165.785(d) to advise the public that it will rely on our notification
methods described in 33 CFR 165.7 to notify the local community prior
to activating the security zone.\1\ The Coast Guard will send a
Maritime Safety Information Bulletin (MSIB) that contains a map of the
security zone and description of the regulation to a local marine
industry group who will circulate the MSIB among local marinas and
local boating clubs. In addition, on-scene Coast Guard units will
distribute MSIBs to approaching boaters. The Coast Guard will also
issue a press release to local news outlets, and post the information
on social media and on its news website at: www.news.uscg.mil. On-scene
Coast Guard patrol assets will also display flashing energized blue
lights when the center, west, or east security zones are in effect.
Finally, the Coast Guard will issue a Broadcast Notice to Mariners
(BNM) over VHF marine radio on channel 16. The third commenter asked if
first-time violators of the security zone could receive a reduced fine.
Any violation of the security zone may result in fines and/or penalties
as set forth in 33 U.S.C. 1232 and 50 U.S.C. 192; however, law
enforcement units enforcing the security zone will determine whether a
citation or warning is warranted on a case-by-case basis.
---------------------------------------------------------------------------
\1\ 33 CFR 165.7(a) permits the Coast Guard to notify persons of
the establishment of limited access areas and regulated navigation
areas by ``marine broadcasts, local notice to mariners, local news
media, distribution in leaflet form, and on-scene oral notice, as
well as publication in the Federal Register.''
---------------------------------------------------------------------------
Four submissions were related to the restrictions being placed on
boater activities, including non-motorized boats such as kayaks,
canoes, and paddleboards. These comments ranged from concerns the
security zone would affect the pleasure of boating to concerns that
residents would not be allowed to use their boats at all. They also
expressed concerns that they would not be able to return to their
waterfront homes when the security zone was activated. The east or west
security zones do not prohibit boaters from travelling through these
zones; they merely regulate how boaters may transit through these
areas. The west zone requires persons and vessels seeking to travel
through this zone to be escorted by an on-scene designated
representative, maintain a steady speed, and not slow down or stop
except in the case of unforeseen mechanical failure or other emergency.
The east zone does not require an escort, but requires persons and
vessels seeking to travel through this zone to travel at a steady
speed, and not slow down or stop except in the case of unforeseen
mechanical failure or other emergency. The center zone is the only zone
that prohibits any vessel or person from entering, transiting,
anchoring in, or remaining within the zone without obtaining permission
from the COTP Miami or a designated representative, while the security
zone is in effect. Boaters wishing to return home through the center
zone when this zone is in effect will have to notify on-scene law
enforcement units who will then escort them back to their dock.
In addition, the commenters advocated for allowing non-motorized
boats to come within 50 feet of the Mar-a-Lago Club, which is adjacent
to the center zone. As stated above, boats are prohibited from
entering, transiting, anchoring in, or remaining in the center zone
without obtaining permission from the COTP Miami or a designated
representative. Allowing pleasure boats to enter this zone for
recreational purposes while the security zone is in effect would reduce
the effectiveness of this zone as a protective measure.
One commenter expressed concerns that the rule would affect
businesses in the area, which heavily rely on tourist dollars,
especially during the peak autumn months. The commenter added one of
the primary attractions to Florida is the boating and fishing
industries and the creation of the security zone would discourage
tourists from visiting the area, and as a result, local businesses
would lose revenue. We believe businesses that rely on tourism will not
be affected by this rule because these businesses will be allowed to
continue to conduct their business practices as they normally would
even when the security zone is in effect.
Another commenter sought clarification on why the proposed rule
would not adversely affect the economy, and why making this a permanent
rule that would be enforced using government resources is required or
provides a cost benefit to the public in lieu of the ``temporary
security zones'' referenced in the NPRM at Section II, ``Background,
Purpose, and Legal Basis.'' The rule will not have an adverse effect on
the economy because this rule will not have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, or tribal
governments or communities. For further information on the economic
analysis of this rule, see sections V.A. and V.B. of this final rule
below. The security zone established by this rule would not be in
effect all the time, but only during visits by the President, the First
Family, and other persons under the protection of the Secret Service to
the Mar-a-Lago Club. The Coast Guard conducted a cost-benefit analysis
of this regulatory action, and determined creating a permanent security
zone was the best approach to achieve our regulatory objectives because
of the recurring need for the zone for an extended period of time.
Establishing a permanent security zone allows the public and
potentially affected persons to establish certainty about expected
protection measures during such visits.
One comment addressed concerns with the public's ability to protest
from their boats. The Coast Guard respects the First Amendment rights
of protesters. Any persons wishing to protest in a location affected by
this rule should contact the person listed in the FOR FURTHER
INFORMATION CONTACT section so they may coordinate protest activities
in a manner that would not jeopardize the safety or security of people,
places, or vessels.
Another commenter stated the way in which armed on-scene Coast
Guard personnel speed toward boaters is unnecessary and intimidating.
The commenter added that approaching boaters in this manner tends to
make the boater stop, but the proposed rule states that boaters should
not stop or they will be considered a threat. The purpose of the
security zone is to protect the official party, the public, and the
surrounding waterway from terroristic acts, sabotage or other
subversive acts, accidents, or other events of a similar nature. As
such, the Coast Guard must adhere to certain protocols in the course of
enforcing the security zone. On-scene Coast Guard units are following
established protocols that include
[[Page 17297]]
having armed personnel who will approach and investigate all vessels
seeking escort through the security zone to ensure the safety of all
persons involved.
One commenter requested the Coast Guard establish a safety zone, in
addition to a security zone, in the waters around the Mar-a-Lago Club,
and suggested this could easily be done by placing floating buoys in
the safety zone area advising boaters that the area is inaccessible.
The commenter is concerned that dredging would occur around the Mar-a-
Lago Club, which would allow boaters to anchor their vessels unattended
within the area covered by the security zone, and then when the
security zone goes into effect there would be no place to put these
vessels. The waters around the Mar-a-Lago Club are not deep enough for
boaters to anchor their vessels nor has there been an issue with
boaters attempting to anchor their vessels in the waters around the
Mar-a-Lago Club. The Coast Guard has determined a security zone is
sufficient to mitigate any potential security threats presented while
protected persons are in the residence at the Mar-a-Lago Club.
We received one comment suggesting that the Coast Guard's
protection of the waters near the Mar-A-Lago Club should be tied to the
Coast Guard's budget. This comment is beyond the scope of this
rulemaking.
B. Discussion of Changes
This rule contains changes in the regulatory text from the NPRM. We
found the coordinates defining the east security zone (section
165.785(a)(3)) to be incorrect. The incorrect coordinates extended the
east security zone further offshore than intended. The regulatory text
in this rule contains the corrected coordinates. The revised
coordinates for the east zone are: All waters of the Atlantic Ocean
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]2'09'' 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 the origin at Point 1.
In 33 CFR 165.785(a)(1)-(a)(3), the words ``surface to bottom'' are
added to clarify the extent of the intended coverage of the security
zone.
In response to public comments we have revised the regulatory text
in section 165.785(d) to provide for additional public outreach
information not listed in the NPRM. The Coast Guard will notify the
local community of the security zone in several ways consistent with
our notification regulations contained in 33 CFR 165.7. Prior to
activating the security zone, the Coast Guard will send a MSIB that
contains a map of the security zone and description of the regulation
to a local marine industry group who will circulate the MSIB among
local marinas and local boating clubs. In addition, on-scene Coast
Guard units will distribute MSIBs to approaching boaters. The Coast
Guard will also issue a press release to local news outlets, and post
the information on social media and on its news website at:
www.news.uscg.mil. On-scene Coast Guard patrol assets will display
flashing energized blue lights when the center, west, or east security
zones are 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, and we
discuss the First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 13771 (Reducing Regulation and Controlling Regulatory
Costs) directs agencies to reduce regulation and control regulatory
costs and provides that ``for every one new regulation issued, at least
two prior regulations be identified for elimination, and that the cost
of planned regulations be prudently managed and controlled through a
budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See the OMB Memorandum titled
``Guidance Implementing Executive Order 13771, `Reducing Regulation and
Controlling Regulatory Costs''' (April 5, 2017).
The economic impact of this rule is not significant for the
following reasons: (1) The security zone will only 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; (2) The center zone will only affect a
relatively small area of the Intracoastal Waterway in Palm Beach, FL
and vessels will be able to transit the zone if granted permission to
do so by the COTP Miami or a designated representative; (3) The west
zone is located in an area of the Intracoastal Waterway where vessel
traffic is low, approximately 152 vessels per day, and vessels will be
allowed to transit the zone when escorted by an on-scene designated
representative; (4) Vessels may transit the east zone at a steady speed
as long as they do not slow down or stop except in case of unforeseen
mechanical failure or other emergency; and (5) The Coast Guard will
notify the local community of the security zone in several ways
consistent with our notification regulations contained in 33 CFR 165.7.
Prior to activating the security zone, the Coast Guard will send a
Maritime Safety Information Bulletin (MSIB) that contains a map of the
security zone and description of the regulation to a local marine
industry group who will circulate the MSIB among local marinas and
local boating clubs. In addition, on-scene Coast Guard units will
distribute MSIBs to approaching boaters. The Coast Guard will also
issue a press release to local news outlets, and post the information
on social media and on its news website at: www.news.uscg.mil. On-scene
Coast Guard patrol assets will display flashing energized blue lights
when the center, west, or east security zones are in effect. Larger
vessels may need to wait to pass under the Southern Boulevard Bridge,
which has set opening times pursuant to a separate existing regulation
at 33 CFR 117.261(w). The bridge opens on the quarter-hour and three-
quarter hour, or as directed by the on-scene 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
[[Page 17298]]
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
security zones 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 does 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, which guides 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 lasting only a
few days at a time that will restrict entry within certain waters of
the Intracoastal Waterway and the Atlantic Ocean in Palm Beach, FL. 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,
and under paragraph 34(g) of Figure 2-1 of Commandant Instruction
M16475.lD. 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 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: 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. Add Sec. 165.785 before the undesignated center heading ``Eighth
Coast Guard District'' to read as follows:
Sec. 165.785 Security Zone; Presidential Security Zone, Palm Beach,
FL.
(a) Regulated areas. The following areas are security zones:
(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]2'09''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) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, as well as
Federal, state, and local officers designated by or assisting the COTP
Miami with enforcing 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
[[Page 17299]]
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 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.
(4) Contacting Captain of the Port. Persons who must notify or
request authorization from the COTP Miami may do so by telephone at
(305)535-4472 or may contact a designated representative via VHF radio
on channel 16. If authorization to enter, transit through, anchor in,
or remain within the security zone is granted by the COTP Miami or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP Miami or
the designated representative.
(d) Enforcement period. 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 Sec. 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 7, 2018.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2018-08230 Filed 4-18-18; 8:45 am]
BILLING CODE 9110-04-P