Security Zones; Port of Palm Beach, Port Everglades, Port of Miami, and Port of Key West, Florida, 2479-2483 [2019-01468]

Download as PDF Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Proposed Rules (b) If based on the information provided under paragraph (a) of this section, the proposed project under the amended license application no longer meets the requirements for expedited processing under § 7.2, the Director will notify the applicant that the application will no longer be processed under the expedited licensing process under this part and that further processing of the application will proceed under 18 CFR parts 4 and 5, as applicable. (c) If the Director approves the continued processing of the amended application under this part and the amendment to the application would materially change the project’s proposed plans of development, as provided in § 4.35 of this chapter, an agency, Indian Tribe, or member of the public may modify the recommendations or terms and conditions or prescriptions it previously submitted to the Commission pursuant to § 7.6. Such modified recommendations, terms and conditions, or prescriptions must be filed no later than the due date specified by the Commission for comments on the amendment. (d) Date of acceptance. The date of acceptance of an amendment of application for an original license filed under this part is governed by the provisions of § 4.35 of this chapter. § 7.8 (a) Except for provisions required by statute, the Director may waive or modify any of the provisions of this part for good cause. (b) Late-filed recommendations by fish and wildlife agencies pursuant to the Fish and Wildlife Coordination Act and section 10(j) of the Federal Power Act for the protection, mitigation of damages to, and enhancement of fish and wildlife affected by the development, operation, and management of the proposed project and late-filed terms and conditions or prescriptions filed pursuant to sections 4(e) and 18 of the Federal Power Act, respectively, may be considered by the Commission as cause to remove the application from the expedited licensing process. If late-filed recommendations, terms and conditions, or prescriptions would delay or disrupt the expedited licensing proceeding, the Director will notify the applicant that the application will no longer be processed under the expedited licensing process under this part and that further processing of the application will proceed under 18 CFR parts 4 and 5, as applicable. (c) License conditions and required findings. (1) All licenses shall be issued on the conditions specified in section 10 of the Federal Power Act and such other 16:10 Feb 06, 2019 § 7.9 Transition provision. This part shall only apply to original license applications filed on or after May 8, 2019. [FR Doc. 2019–01256 Filed 2–6–19; 8:45 am] Other provisions. VerDate Sep<11>2014 conditions as the Commission determines are lawful and in the public interest. (2) Subject to paragraph (b) of this section, fish and wildlife conditions shall be based on recommendations timely received from the fish and wildlife agencies pursuant to the Fish and Wildlife Coordination Act. (3) The Commission will consider the timely recommendations of resource agencies, other governmental units, and members of the public, and the timely recommendations (including fish and wildlife recommendations) of Indian Tribes affected by the project. (4) Licenses for a project located within any Federal reservation shall be issued only after the findings required by, and subject to, any conditions that may be filed pursuant to section 4(e) of the Federal Power Act. (5) The Commission will require the construction, maintenance, and operation of such fishways as may be timely prescribed by the Secretary of Commerce or the Secretary of the Interior, as appropriate, pursuant to section 18 of the Federal Power Act. Jkt 247001 BILLING CODE 6717–01–P 2479 definitions throughout the regulation. This action is necessary for clarification of terms and geographic application of security zones in Sector Key West and Sector Miami ports allowing for more effective implementation of these regulations to protect the public and ports from potential subversive acts. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before March 11, 2019. ADDRESSES: You may submit comments identified by docket number USCG– 2018–0007 using the Federal eRulemaking 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. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Lieutenant Samuel Rodriguez-Gonzalez, Sector Miami Waterways Management Division, U.S. Coast Guard; telephone (305) 535–4307, email Samuel.Rodriguez-Gonzalez@uscg.mil; or BMC Greg Bergstrom, Sector Key West Waterways Management Division, U.S. Coast Guard; telephone (305) 292– 8772, email Greg.C.Bergstrom@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0007] RIN 1625–AA87 Security Zones; Port of Palm Beach, Port Everglades, Port of Miami, and Port of Key West, Florida Coast Guard, DHS. Supplemental notice of proposed rulemaking. AGENCY: ACTION: On September 16, 2016, the Coast Guard published a notice of proposed rulemaking (NPRM) to establish security zones on the navigable waters of the Seventh Coast Guard District to allow the Coast Guard to restrict vessels from entering or transiting certain waters. The Coast Guard proposes amendments to its regulation by modifying the security zones in the Port of Palm Beach, Port Everglades, Port of Miami, and Port of Key West, Florida and updating SUMMARY: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis A. Regulatory History and Information The purpose of this proposed amendment is to protect the public and ports from potential subversive acts. The amendments establish a new section for Sector Key West security zones that previously were annotated as belonging to Sector Miami; clarify when the Port Everglades fixed security zones will be in effect, modify and lengthen a portion of one Port Everglades fixed security zone; and update language and definitions throughout the regulation. B. Discussion of Comments on NPRM and Changes On September 16, 2016, the Coast Guard published a notice of proposed rulemaking (NPRM) entitled ‘‘Security Zones; Port of Palm Beach, Port Everglades, Port of Miami, and Port of E:\FR\FM\07FEP1.SGM 07FEP1 2480 Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Proposed Rules Key West, Florida’’ (see 81 FR 63728). The purpose of the proposed security zone was to mitigate the aforementioned potential subversive acts at various ports in the Seventh Coast Guard District. During the comment period, we received two comments. One comment, received by telephone, asked that security calls be placed on Channels 13 and 16. The Coast Guard will not be implementing this requested change because our broadcasts are exclusively done on Channel 16. The second comment expressed concern that the proposed zone does not offer enough security ‘‘standoff’’ distance for those three berths using the coordinates listed in § 165.760 (b) (3) of the proposed rule. The commenter also recommended shifting the coordinates in this berth area further east of the pier face to provide a larger security ‘‘standoff’’ distance. To address those concerns, we made minute changes to specific coordinates of the security zone and nomenclature updates to the geographic features listed in the NPRM. The geographic features we updated in the SNPRM are the name of the state park from John U Lloyd State Park to Von D. Mizell—Eula Johnson State Park and the description of the location from ‘‘Pier’’ to ‘‘Berth.’’ We are seeking comments for these changes from the NRPM comments. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231. III. Discussion of the SNPRM Proposed Rule The fixed security zone from Mid-Port to North-Port (Berth 7 to the northernmost section of the Port) including all waters westward at Port Everglades would be an established permanent fixed security zone that will be in effect at all times. Berthing from Berth 7 to North-Port Port Everglades regularly serves passenger vessels, vessels carrying cargoes of particular hazards, and vessels carrying liquefied hazardous gas. This permanent fixed security zone, which parallels the Intracoastal Waterway, would not limit persons or vessels from using the main entrance channel (Bar Cut) or from using the Intracoastal Waterway. This zone would not restrict persons and vessels authorized to be in the zone from maneuvering around the berths within Port Everglades between Mid-Port and North-Port. This proposed amendment clarifies that all persons and vessels not authorized to be in the zone shall remain out of the zone in order to protect the public and Port from potential subversive acts. The fixed security zone that runs from Mid-Port south to Berth 29, just south of VerDate Sep<11>2014 16:10 Feb 06, 2019 Jkt 247001 the Von D. Mizell—Eula Johnson State Park launching ramps, along Port Everglades and the Intracoastal Waterway, would be decreased in size to encompass only the waters westward of the Intracoastal Waterway extending to and including the pier face of Port Everglades. The fixed security zone would also lengthen southward from Berth 29, just south of the Von D. Mizell—Eula Johnson State Park launching ramps to the northern tip of the Dania Cut-Off Canal. Persons and vessels would be allowed to operate along the Intracoastal Waterway, as they are now; however, persons and vessels would not be authorized to enter the security zone westward of the Intracoastal Waterway between MidPort and the northern tip of the Dania Cut-Off Canal without authorization. When a passenger vessel, vessel carrying cargoes of particular hazards, or vessel carrying liquefied hazardous gas moors along this section of Port Everglades, vessels transiting along the Intracoastal Waterway would be required to transit eastward of law enforcement vessels. This extension is needed to provide continuous protection for the public and Port because Port Everglades has expanded the entrance of the Dania Cut-Off Canal and its operations south over the years. The term ‘‘cruise ship tenders’’ would be removed from the entire regulation because cruise ship tenders no longer provide security zone assistance. The term ‘‘cruise ship’’ would be removed and ‘‘passenger vessels’’ will be redefined. Also, a ‘‘vessel carrying cargoes of particular hazards’’ and a ‘‘vessel carrying liquefied hazardous gas’’ will be defined. As discussed above, since the implementation of Sector Miami security zones in 2003, Sector Key West was delegated its own Captain of the Port authority. Therefore, a separate section would be implemented by this proposed regulation to establish the security zone authority for Sector Key West. These amendments are necessary for administrative reasons as noted above and to protect the public and Ports from potential subversive acts. 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 and we discuss First Amendment rights of protestors. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. The economic impact of these updates and modifications to the proposed rule are not significant for the following reasons: (1) Persons and vessels would still be able to operate in waters surrounding security zones; (2) the permanent fixed security zone encompassing Port Everglades from Mid-Port to North-Port is within the natural boundaries of the Port and is limited in size; (3) notification of the security zones will be made to the local maritime community via posted signs and Broadcast Notice to Mariners on VHF–FM marine channels 16 when applicable; and (4) persons and vessels may operate within the security zone if authorized by Captain of the Port Miami, Captain of the Port Key West, or a designated representative. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard 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. This rule may affect the following entities, some of which may be small entities: People and the owners or operators of vessels intending to transit or remain within the security zone(s) when they are in effect. For reasons discussed in section IV. A. Regulatory Planning and Review above, this rule will not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental E:\FR\FM\07FEP1.SGM 07FEP1 Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Proposed Rules jurisdiction qualifies as a small entity and that this 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 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. 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 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 VerDate Sep<11>2014 16:10 Feb 06, 2019 Jkt 247001 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 effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.1D, which guides 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 amending security zones and lengthening part of a security zone. 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. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. 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. 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. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 2481 We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this SNPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 proposes to amend 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. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS ■ 2. Add § 165.760 to read as follows: § 165.760 Security Zones; Port of Palm Beach, Port Everglades, and Port of Miami, Florida. (a) Definition. (1) As used in this section, passenger vessel is a vessel greater than 100 feet in length and over 100 gross tons that is authorized to carry more than 12 passengers for hire making voyages lasting more than 24 hours, except for a ferry. (2) As used in this section, a vessel carrying cargoes of particular hazard is defined in 33 CFR part 126 and a vessel carrying liquefied hazardous gas (LHG) is defined in 33 CFR part 127. (b) Location. The following areas are security zones. All coordinates are North American Datum 1983. (1) Fixed and moving security zones around vessels in the Port of Palm Beach, Port Everglades, and Port of Miami Florida. Moving security zones are established 100 yards around all passenger vessels, vessels carrying cargoes of particular hazard, or vessels carrying liquefied hazardous gas (LHG) during transits entering or departing the E:\FR\FM\07FEP1.SGM 07FEP1 2482 Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Proposed Rules Port of Palm Beach, Port Everglades, or Port of Miami. These moving security zones are activated when the subject vessel passes: Lake Worth Lighted Buoy LW, at approximate position 26°46′22″ NN, 80°00′37″ W, when entering the Port of Palm Beach; passes Port Everglades Lighted Buoy PE, at approximate position 26°05′30″ N, 080°04′46″ W, when entering Port Everglades; and passes Miami Lighted Buoy M, at approximate position 25°46′05″ N, 080°05′01″ W, when entering Port of Miami. These moving security zones remain active whenever a passenger vessel, vessels carrying cargoes of particular hazard, or vessels carrying LHG is underway westward of the above mentioned buoys. Fixed security zones are established 100 yards around all passenger vessels, vessels carrying cargoes of particular hazard, or vessels carrying LHG, while the vessel is moored in the Port of Palm Beach, Port Everglades, or Port of Miami, Florida. Persons and vessels may pass within 100 yards of a moored passenger vessel, vessel carrying cargoes of particular hazard, or vessel carrying LHG that is moored within or alongside a federal channel as long as the passage occurs outside of the on scene law enforcement vessel. Persons and vessels shall pass north of the on scene law enforcement vessel when north of the Port of Miami, south of the on scene law enforcement vessel when south of the Port of Miami and east of the on scene law enforcement vessel in Port Everglades. (2) Fixed security zone in Port of Miami, Florida. A fixed security zone encompasses all waters between Watson Park and Star Island from the MacArthur Causeway south to Port of Miami. The western boundary is formed by an imaginary line from points 25°46′45″ N, 080°10′52″ W, northwest to 25°46′46″ N, 080°10′54″ W, northeast to 25°46′53″ N, 080°10′50″ W, and extending northeast ending at Watson Island at 25°47′00″ N, 080°10′40″ W. The eastern boundary is formed by an imaginary line approximately 100 yards west of the Fisher Island Ferry terminal, in approximate position 25°46′20″ N, 080°09′07″ W, extending southwest across the Main Channel to Port of Miami, at 25°46′16″ N, 080°09′11″ W. The fixed security zone is in effect when two or more passenger vessels, vessels carrying cargoes of particular hazard, or vessels carrying LHG, enter or moor within this zone. (i) When the security zone is in effect, persons and vessels shall not enter or transit the security zone along the Miami Main Channel unless authorized VerDate Sep<11>2014 16:10 Feb 06, 2019 Jkt 247001 by Captain of the Port of Miami or a designated representative. (ii) Persons and vessels may transit the Miami Main Channel when only one passenger vessel, one vessel carrying cargoes of particular hazard or one vessel carrying LHG is berthed. (iii) Law enforcement vessels can be contacted on VHF Marine Band Radio, Channel 16 (156.8 MHz). (3) Fixed security zones in Port Everglades. A fixed security zone encompasses Mid-Port to North-Port in Port Everglades and includes all waters west of an imaginary line starting at the southernmost point 26°05′24″ N, 080°06′57″ W, on the northern tip of Berth 22, to the northernmost point 26°06′01″ N, 080°07′09″ W, near the west side of the 17th Street Bridge and then move west to the northwestern most point at 26°06′01″ N, 080°07′10″ W. An additional fixed security zone encompasses the waters west of the Intracoastal Waterway to the pier face of Port Everglades from Mid-Port south to the northern tip of the Dania Cut-Off Canal and includes the waters westward of the line connecting the following points to the pier face of Port Everglades: starting at 26°05′25″ N, 080°06′58″ W, on the northern tip of Berth 22 at Mid-Port, to a point directly east along the Intracoastal Waterway, 26°05′25″ N, 080°06′54″ W, then southeast along the Intracoastal Waterway to 26°05′10″ N, 080°06′49″ W, then southwest along the Intracoastal Waterway to 26°04′43″ N, 080°06′53″ W, then south along the Intracoastal Waterway to 26°03′54″ N, 080°06′52″ W, and then west to the Port Everglades pier face just north of the Dania Cut-Off Canal at 26°03′54″ N, 080°06′55″ W. (i) Persons and vessels may transit the Intracoastal Waterway; however, persons and vessels are not authorized to enter the fixed security zone westward of the Intracoastal Waterway without authorization from Captain of the Port Miami or a designated representative. On occasion, a passenger vessel, vessel carrying cargoes of particular hazard, or vessel carrying LHG may moor and encroach into the Intracoastal Waterway. When this occurs, persons and vessels shall transit the Intracoastal Waterway east of the on scene law enforcement vessel. (ii) Periodically, vessels may be required to temporarily hold their positions while large commercial traffic operates in this area. Vessels near the security zone must follow the orders of the Captain of the Port or the designated representative. (iii) Law enforcement vessels can be contacted on VHF Marine Band Radio, Channel 16 (156.8 MHz). PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 (c) Regulations. (1) Prior to commencing any movement, the person directing the movement of a passenger vessel, a vessel carrying cargoes of particular hazard, or a vessel carrying LHG is encouraged to make a security broadcast on VHF Marine Band Radio Channel 16 (156.8 MHz) to advise mariners of the moving security zone activation and intended transit. (2) In accordance with the general regulations Section 165.33 of this part, entry into these zones is prohibited, except as authorized by the Captain of the Port of Miami or a designated representative. Vessels such as pilot boats, tug boats, and contracted security vessels may assist the Coast Guard Captain of the Port by monitoring these zones strictly to advise mariners of the restrictions. The Captain of the Port will notify the public of the security zone via signs or by Marine Safety Radio Broadcasts on VHF Marine Band Radio Channel 16 (156.8 MHz) when applicable. (3) Persons and vessels desiring to enter or transit the fixed or moving security zones may contact the Captain of the Port Miami at (305) 535–4472 or on VHF Marine Band Radio Channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or the designated representative. (4) The Captain of the Port Miami may waive any of the requirements of this subpart for any vessel upon finding that the vessel or class of vessel, operational conditions, or other circumstances are such that application of this subpart is unnecessary or impractical for the purpose of port security, safety, or environmental safety. ■ 3. Revise § 165.761 to read as follows: § 165.761 Security Zones; Port of Key West, Florida. (a) Definition. (1) As used in this section, passenger vessel is a vessel greater than 100 feet in length and over 100 gross tons that is authorized to carry more than 12 passengers for hire making voyages lasting more than 24 hours, except for a ferry. (2) As used in this section, a vessel carrying cargoes of particular hazard is defined in 33 CFR part 126 and a vessel carrying liquefied hazardous gas (LHG) is defined in 33 CFR part 127. (b) Location. The following area is a security zone. Fixed and moving security zones around vessels in the Port of Key West, Florida. A moving security zones is established 100 yards around all passenger vessels, vessels carrying cargoes of particular hazard, or E:\FR\FM\07FEP1.SGM 07FEP1 Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Proposed Rules vessels carrying liquefied hazardous gas (LHG) during transits entering or departing the Port of Key West, Florida. A moving security zones is activated when the subject vessel passes Key West Entrance Lighted Whistle Buoy KW, at approximate position 24°27′26″ N, 081°48′00″ W. This moving security zone remains active whenever a passenger vessel, vessels carrying cargoes of particular hazard, or vessels carrying LHG is underway westward of the above mentioned buoys. Fixed security zones are established 100 yards around all passenger vessels, vessels carrying cargoes of particular hazard, or vessels carrying LHG, while the vessel is moored in the Port of Key West, Florida. (c) Regulations. (1) Prior to commencing any movement, the person directing the movement of a passenger vessel, a vessel carrying cargoes of particular hazard, or a vessel carrying LHG, is encouraged to make a security broadcast on VHF Marine Band Radio, Channel 16 (156.8 MHz) to advise mariners of the moving security zone activation and intended transit. (2) In accordance with the general regulations Section 165.33 of this part, entry into these zones is prohibited except as authorized by the Captain of the Port of Key West or a designated representative. Vessels such as pilot boats, tug boats, and contracted security vessels may assist the Coast Guard Captain of the Port by monitoring these zones strictly to advise mariners of the restrictions. The Captain of the Port will notify the public of the security zone via signs or by Marine Safety Radio Broadcasts on VHF Marine Band Radio, Channel 16 (156.8 MHz) when applicable. (3) Persons and vessels desiring to enter in, transit through, anchor in, or remain within the fixed or moving security zones may contact the Captain of the Port Key West at (305) 292–8727 or on VHF Marine Band Radio Channel 16 (156.8 MHz) to seek permission to transit the area. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port or the designated representative. (4) The Captain of the Port Key West may waive any of the requirements of this subpart for any vessel upon finding that the vessel or class of vessel, operational conditions, or other circumstances are such that application of this subpart is unnecessary or impractical for the purpose of port security, safety, or environmental safety. VerDate Sep<11>2014 16:10 Feb 06, 2019 Jkt 247001 Dated: February 4, 2019. P.J. Brown, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2019–01468 Filed 2–6–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 328 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 110, 112, 116, 117, 122, 232, 300, 302, and 401 [EPA–HQ–OW–2018–0149] RIN 2040–AF75 Revised Definition of ‘‘Waters of the United States’’ Department of the Army; Environmental Protection Agency (EPA). ACTION: Notice of public hearing. AGENCY: On December 11, 2018, the Environmental Protection Agency and the U.S. Department of the Army (the agencies) signed a proposed rule revising the definition of ‘‘waters of the United States’’ to clarify the scope of waters federally regulated under the Clean Water Act. The agencies are announcing that a public hearing will be held in Kansas City, Kansas on February 27 and 28, 2019, to provide interested parties the opportunity to present data, views, or information concerning the proposed rule. The pre-publication version of this proposal can be found at https://www.epa.gov/wotus-rule/steptwo-revise. DATES: The agencies will hold a public hearing on Wednesday, February 27 and Thursday, February 28, 2019, in Kansas City, Kansas. Please refer to the SUPPLEMENTARY INFORMATION section for additional information on the public hearing. SUMMARY: The hearing will be held in the Wyandotte Ballroom of the Reardon Convention Center, 520 Minnesota Avenue, Kansas City, Kansas 66101. The Wednesday session will convene at 4:00 p.m. (local time) and will conclude no later than 8:00 p.m. and the Thursday session will convene at 9:00 a.m. and will conclude no later than 12:00 p.m. A complete set of documents related to the proposal will be available for public inspection through the Federal ADDRESSES: PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 2483 eRulemaking Portal: https:// www.regulations.gov, Docket ID No. EPA–HQ–OW–2018–0149 once the notice of proposed rulemaking publishes in the Federal Register. Documents can also be viewed at the Environmental Protection Agency Docket Center, located at 1301 Constitution Avenue NW, Room 3334, Washington, DC between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding legal holidays. In addition, the pre-publication version of the notice of proposed rule, the economic analysis for the proposed rule, and the resource and programmatic assessment for the proposed rule are available at https:// www.epa.gov/wotus-rule/step-tworevise. If you are unable to attend the public hearing you will be able to submit your comments, identified by Docket ID No. EPA–HQ–OW–2018–0149, to the Federal eRulemaking Portal: https:// www.regulations.gov (our preferred method). Follow the online instructions for submitting comments. All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https:// www.regulations.gov/, including any personal information provided. For additional information on the public hearing, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Ms. Damaris Christensen, Office of Water (4504–T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: (202) 566–2428; email address: WOTUS-outreach@epa.gov; or Ms. Cindy Barger, Office of the Assistant Secretary of the Army for Civil Works, 441 G Street NW, Washington DC 20014; telephone number: (202) 761– 0038. SUPPLEMENTARY INFORMATION: I. Background On December 11, 2018, the agencies signed a proposed rule defining the scope of waters federally regulated under the Clean Water Act, in light of the U.S. Supreme Court cases in United States v. Riverside Bayview Homes, Solid Waste Agency of Northern Cook County v. United States, and Rapanos v. United States, and consistent with Executive Order 13778, signed on February 28, 2017, entitled ‘‘Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.’’ The agencies are holding a public hearing in Kansas City, Kansas on February 27 and E:\FR\FM\07FEP1.SGM 07FEP1

Agencies

[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Proposed Rules]
[Pages 2479-2483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01468]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: On September 16, 2016, the Coast Guard published a notice of 
proposed rulemaking (NPRM) to establish security zones on the navigable 
waters of the Seventh Coast Guard District to allow the Coast Guard to 
restrict vessels from entering or transiting certain waters. The Coast 
Guard proposes amendments to its regulation by modifying the security 
zones in the Port of Palm Beach, Port Everglades, Port of Miami, and 
Port of Key West, Florida and updating definitions throughout the 
regulation. This action is necessary for clarification of terms and 
geographic application of security zones in Sector Key West and Sector 
Miami ports allowing for more effective implementation of these 
regulations to protect the public and ports from potential subversive 
acts. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before March 11, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0007 using the Federal eRulemaking 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.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Samuel Rodriguez-
Gonzalez, Sector Miami Waterways Management Division, U.S. Coast Guard; 
telephone (305) 535-4307, email Samuel.Rodriguez-Gonzalez@uscg.mil; or 
BMC Greg Bergstrom, Sector Key West Waterways Management Division, U.S. 
Coast Guard; telephone (305) 292-8772, email Greg.C.Bergstrom@uscg.mil.

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

A. Regulatory History and Information

    The purpose of this proposed amendment is to protect the public and 
ports from potential subversive acts. The amendments establish a new 
section for Sector Key West security zones that previously were 
annotated as belonging to Sector Miami; clarify when the Port 
Everglades fixed security zones will be in effect, modify and lengthen 
a portion of one Port Everglades fixed security zone; and update 
language and definitions throughout the regulation.

B. Discussion of Comments on NPRM and Changes

    On September 16, 2016, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled ``Security Zones; Port of Palm 
Beach, Port Everglades, Port of Miami, and Port of

[[Page 2480]]

Key West, Florida'' (see 81 FR 63728). The purpose of the proposed 
security zone was to mitigate the aforementioned potential subversive 
acts at various ports in the Seventh Coast Guard District. During the 
comment period, we received two comments.
    One comment, received by telephone, asked that security calls be 
placed on Channels 13 and 16. The Coast Guard will not be implementing 
this requested change because our broadcasts are exclusively done on 
Channel 16.
    The second comment expressed concern that the proposed zone does 
not offer enough security ``standoff'' distance for those three berths 
using the coordinates listed in Sec.  165.760 (b) (3) of the proposed 
rule. The commenter also recommended shifting the coordinates in this 
berth area further east of the pier face to provide a larger security 
``standoff'' distance. To address those concerns, we made minute 
changes to specific coordinates of the security zone and nomenclature 
updates to the geographic features listed in the NPRM. The geographic 
features we updated in the SNPRM are the name of the state park from 
John U Lloyd State Park to Von D. Mizell--Eula Johnson State Park and 
the description of the location from ``Pier'' to ``Berth.'' We are 
seeking comments for these changes from the NRPM comments. The Coast 
Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of the SNPRM Proposed Rule

    The fixed security zone from Mid-Port to North-Port (Berth 7 to the 
northern-most section of the Port) including all waters westward at 
Port Everglades would be an established permanent fixed security zone 
that will be in effect at all times. Berthing from Berth 7 to North-
Port Port Everglades regularly serves passenger vessels, vessels 
carrying cargoes of particular hazards, and vessels carrying liquefied 
hazardous gas. This permanent fixed security zone, which parallels the 
Intracoastal Waterway, would not limit persons or vessels from using 
the main entrance channel (Bar Cut) or from using the Intracoastal 
Waterway. This zone would not restrict persons and vessels authorized 
to be in the zone from maneuvering around the berths within Port 
Everglades between Mid-Port and North-Port. This proposed amendment 
clarifies that all persons and vessels not authorized to be in the zone 
shall remain out of the zone in order to protect the public and Port 
from potential subversive acts.
    The fixed security zone that runs from Mid-Port south to Berth 29, 
just south of the Von D. Mizell--Eula Johnson State Park launching 
ramps, along Port Everglades and the Intracoastal Waterway, would be 
decreased in size to encompass only the waters westward of the 
Intracoastal Waterway extending to and including the pier face of Port 
Everglades. The fixed security zone would also lengthen southward from 
Berth 29, just south of the Von D. Mizell--Eula Johnson State Park 
launching ramps to the northern tip of the Dania Cut-Off Canal. Persons 
and vessels would be allowed to operate along the Intracoastal 
Waterway, as they are now; however, persons and vessels would not be 
authorized to enter the security zone westward of the Intracoastal 
Waterway between Mid-Port and the northern tip of the Dania Cut-Off 
Canal without authorization. When a passenger vessel, vessel carrying 
cargoes of particular hazards, or vessel carrying liquefied hazardous 
gas moors along this section of Port Everglades, vessels transiting 
along the Intracoastal Waterway would be required to transit eastward 
of law enforcement vessels. This extension is needed to provide 
continuous protection for the public and Port because Port Everglades 
has expanded the entrance of the Dania Cut-Off Canal and its operations 
south over the years.
    The term ``cruise ship tenders'' would be removed from the entire 
regulation because cruise ship tenders no longer provide security zone 
assistance.
    The term ``cruise ship'' would be removed and ``passenger vessels'' 
will be redefined. Also, a ``vessel carrying cargoes of particular 
hazards'' and a ``vessel carrying liquefied hazardous gas'' will be 
defined.
    As discussed above, since the implementation of Sector Miami 
security zones in 2003, Sector Key West was delegated its own Captain 
of the Port authority. Therefore, a separate section would be 
implemented by this proposed regulation to establish the security zone 
authority for Sector Key West.
    These amendments are necessary for administrative reasons as noted 
above and to protect the public and Ports from potential subversive 
acts.

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 and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The economic impact of these updates and modifications to the 
proposed rule are not significant for the following reasons: (1) 
Persons and vessels would still be able to operate in waters 
surrounding security zones; (2) the permanent fixed security zone 
encompassing Port Everglades from Mid-Port to North-Port is within the 
natural boundaries of the Port and is limited in size; (3) notification 
of the security zones will be made to the local maritime community via 
posted signs and Broadcast Notice to Mariners on VHF-FM marine channels 
16 when applicable; and (4) persons and vessels may operate within the 
security zone if authorized by Captain of the Port Miami, Captain of 
the Port Key West, or a designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard 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.
    This rule may affect the following entities, some of which may be 
small entities: People and the owners or operators of vessels intending 
to transit or remain within the security zone(s) when they are in 
effect. For reasons discussed in section IV. A. Regulatory Planning and 
Review above, this rule will not have a significant economic impact on 
a substantial number of small entities.
    If you think that your business, organization, or governmental

[[Page 2481]]

jurisdiction qualifies as a small entity and that this 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 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. 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 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01 and Commandant Instruction M16475.1D, which 
guides 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 amending security zones and 
lengthening part of a security zone. 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

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.

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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this SNPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
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:  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.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
2. Add Sec.  165.760 to read as follows:


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

    (a) Definition. (1) As used in this section, passenger vessel is a 
vessel greater than 100 feet in length and over 100 gross tons that is 
authorized to carry more than 12 passengers for hire making voyages 
lasting more than 24 hours, except for a ferry.
    (2) As used in this section, a vessel carrying cargoes of 
particular hazard is defined in 33 CFR part 126 and a vessel carrying 
liquefied hazardous gas (LHG) is defined in 33 CFR part 127.
    (b) Location. The following areas are security zones. All 
coordinates are North American Datum 1983.
    (1) Fixed and moving security zones around vessels in the Port of 
Palm Beach, Port Everglades, and Port of Miami Florida. Moving security 
zones are established 100 yards around all passenger vessels, vessels 
carrying cargoes of particular hazard, or vessels carrying liquefied 
hazardous gas (LHG) during transits entering or departing the

[[Page 2482]]

Port of Palm Beach, Port Everglades, or Port of Miami. These moving 
security zones are activated when the subject vessel passes: Lake Worth 
Lighted Buoy LW, at approximate position 26[deg]46'22'' NN, 
80[deg]00'37'' W, when entering the Port of Palm Beach; passes Port 
Everglades Lighted Buoy PE, at approximate position 26[deg]05'30'' N, 
080[deg]04'46'' W, when entering Port Everglades; and passes Miami 
Lighted Buoy M, at approximate position 25[deg]46'05'' N, 
080[deg]05'01'' W, when entering Port of Miami. These moving security 
zones remain active whenever a passenger vessel, vessels carrying 
cargoes of particular hazard, or vessels carrying LHG is underway 
westward of the above mentioned buoys. Fixed security zones are 
established 100 yards around all passenger vessels, vessels carrying 
cargoes of particular hazard, or vessels carrying LHG, while the vessel 
is moored in the Port of Palm Beach, Port Everglades, or Port of Miami, 
Florida. Persons and vessels may pass within 100 yards of a moored 
passenger vessel, vessel carrying cargoes of particular hazard, or 
vessel carrying LHG that is moored within or alongside a federal 
channel as long as the passage occurs outside of the on scene law 
enforcement vessel. Persons and vessels shall pass north of the on 
scene law enforcement vessel when north of the Port of Miami, south of 
the on scene law enforcement vessel when south of the Port of Miami and 
east of the on scene law enforcement vessel in Port Everglades.
    (2) Fixed security zone in Port of Miami, Florida. A fixed security 
zone encompasses all waters between Watson Park and Star Island from 
the MacArthur Causeway south to Port of Miami. The western boundary is 
formed by an imaginary line from points 25[deg]46'45'' N, 
080[deg]10'52'' W, northwest to 25[deg]46'46'' N, 080[deg]10'54'' W, 
northeast to 25[deg]46'53'' N, 080[deg]10'50'' W, and extending 
northeast ending at Watson Island at 25[deg]47'00'' N, 080[deg]10'40'' 
W. The eastern boundary is formed by an imaginary line approximately 
100 yards west of the Fisher Island Ferry terminal, in approximate 
position 25[deg]46'20'' N, 080[deg]09'07'' W, extending southwest 
across the Main Channel to Port of Miami, at 25[deg]46'16'' N, 
080[deg]09'11'' W. The fixed security zone is in effect when two or 
more passenger vessels, vessels carrying cargoes of particular hazard, 
or vessels carrying LHG, enter or moor within this zone.
    (i) When the security zone is in effect, persons and vessels shall 
not enter or transit the security zone along the Miami Main Channel 
unless authorized by Captain of the Port of Miami or a designated 
representative.
    (ii) Persons and vessels may transit the Miami Main Channel when 
only one passenger vessel, one vessel carrying cargoes of particular 
hazard or one vessel carrying LHG is berthed.
    (iii) Law enforcement vessels can be contacted on VHF Marine Band 
Radio, Channel 16 (156.8 MHz).
    (3) Fixed security zones in Port Everglades. A fixed security zone 
encompasses Mid-Port to North-Port in Port Everglades and includes all 
waters west of an imaginary line starting at the southernmost point 
26[deg]05'24'' N, 080[deg]06'57'' W, on the northern tip of Berth 22, 
to the northernmost point 26[deg]06'01'' N, 080[deg]07'09'' W, near the 
west side of the 17th Street Bridge and then move west to the 
northwestern most point at 26[deg]06'01'' N, 080[deg]07'10'' W. An 
additional fixed security zone encompasses the waters west of the 
Intracoastal Waterway to the pier face of Port Everglades from Mid-Port 
south to the northern tip of the Dania Cut-Off Canal and includes the 
waters westward of the line connecting the following points to the pier 
face of Port Everglades: starting at 26[deg]05'25'' N, 080[deg]06'58'' 
W, on the northern tip of Berth 22 at Mid-Port, to a point directly 
east along the Intracoastal Waterway, 26[deg]05'25'' N, 080[deg]06'54'' 
W, then southeast along the Intracoastal Waterway to 26[deg]05'10'' N, 
080[deg]06'49'' W, then southwest along the Intracoastal Waterway to 
26[deg]04'43'' N, 080[deg]06'53'' W, then south along the Intracoastal 
Waterway to 26[deg]03'54'' N, 080[deg]06'52'' W, and then west to the 
Port Everglades pier face just north of the Dania Cut-Off Canal at 
26[deg]03'54'' N, 080[deg]06'55'' W.
    (i) Persons and vessels may transit the Intracoastal Waterway; 
however, persons and vessels are not authorized to enter the fixed 
security zone westward of the Intracoastal Waterway without 
authorization from Captain of the Port Miami or a designated 
representative. On occasion, a passenger vessel, vessel carrying 
cargoes of particular hazard, or vessel carrying LHG may moor and 
encroach into the Intracoastal Waterway. When this occurs, persons and 
vessels shall transit the Intracoastal Waterway east of the on scene 
law enforcement vessel.
    (ii) Periodically, vessels may be required to temporarily hold 
their positions while large commercial traffic operates in this area. 
Vessels near the security zone must follow the orders of the Captain of 
the Port or the designated representative.
    (iii) Law enforcement vessels can be contacted on VHF Marine Band 
Radio, Channel 16 (156.8 MHz).
    (c) Regulations. (1) Prior to commencing any movement, the person 
directing the movement of a passenger vessel, a vessel carrying cargoes 
of particular hazard, or a vessel carrying LHG is encouraged to make a 
security broadcast on VHF Marine Band Radio Channel 16 (156.8 MHz) to 
advise mariners of the moving security zone activation and intended 
transit.
    (2) In accordance with the general regulations Section 165.33 of 
this part, entry into these zones is prohibited, except as authorized 
by the Captain of the Port of Miami or a designated representative. 
Vessels such as pilot boats, tug boats, and contracted security vessels 
may assist the Coast Guard Captain of the Port by monitoring these 
zones strictly to advise mariners of the restrictions. The Captain of 
the Port will notify the public of the security zone via signs or by 
Marine Safety Radio Broadcasts on VHF Marine Band Radio Channel 16 
(156.8 MHz) when applicable.
    (3) Persons and vessels desiring to enter or transit the fixed or 
moving security zones may contact the Captain of the Port Miami at 
(305) 535-4472 or on VHF Marine Band Radio Channel 16 (156.8 MHz) to 
seek permission to transit the area. If permission is granted, all 
persons and vessels must comply with the instructions of the Captain of 
the Port or the designated representative.
    (4) The Captain of the Port Miami may waive any of the requirements 
of this subpart for any vessel upon finding that the vessel or class of 
vessel, operational conditions, or other circumstances are such that 
application of this subpart is unnecessary or impractical for the 
purpose of port security, safety, or environmental safety.
0
3. Revise Sec.  165.761 to read as follows:


Sec.  165.761   Security Zones; Port of Key West, Florida.

    (a) Definition. (1) As used in this section, passenger vessel is a 
vessel greater than 100 feet in length and over 100 gross tons that is 
authorized to carry more than 12 passengers for hire making voyages 
lasting more than 24 hours, except for a ferry.
    (2) As used in this section, a vessel carrying cargoes of 
particular hazard is defined in 33 CFR part 126 and a vessel carrying 
liquefied hazardous gas (LHG) is defined in 33 CFR part 127.
    (b) Location. The following area is a security zone. Fixed and 
moving security zones around vessels in the Port of Key West, Florida. 
A moving security zones is established 100 yards around all passenger 
vessels, vessels carrying cargoes of particular hazard, or

[[Page 2483]]

vessels carrying liquefied hazardous gas (LHG) during transits entering 
or departing the Port of Key West, Florida. A moving security zones is 
activated when the subject vessel passes Key West Entrance Lighted 
Whistle Buoy KW, at approximate position 24[deg]27'26'' N, 
081[deg]48'00'' W. This moving security zone remains active whenever a 
passenger vessel, vessels carrying cargoes of particular hazard, or 
vessels carrying LHG is underway westward of the above mentioned buoys. 
Fixed security zones are established 100 yards around all passenger 
vessels, vessels carrying cargoes of particular hazard, or vessels 
carrying LHG, while the vessel is moored in the Port of Key West, 
Florida.
    (c) Regulations. (1) Prior to commencing any movement, the person 
directing the movement of a passenger vessel, a vessel carrying cargoes 
of particular hazard, or a vessel carrying LHG, is encouraged to make a 
security broadcast on VHF Marine Band Radio, Channel 16 (156.8 MHz) to 
advise mariners of the moving security zone activation and intended 
transit.
    (2) In accordance with the general regulations Section 165.33 of 
this part, entry into these zones is prohibited except as authorized by 
the Captain of the Port of Key West or a designated representative. 
Vessels such as pilot boats, tug boats, and contracted security vessels 
may assist the Coast Guard Captain of the Port by monitoring these 
zones strictly to advise mariners of the restrictions. The Captain of 
the Port will notify the public of the security zone via signs or by 
Marine Safety Radio Broadcasts on VHF Marine Band Radio, Channel 16 
(156.8 MHz) when applicable.
    (3) Persons and vessels desiring to enter in, transit through, 
anchor in, or remain within the fixed or moving security zones may 
contact the Captain of the Port Key West at (305) 292-8727 or on VHF 
Marine Band Radio Channel 16 (156.8 MHz) to seek permission to transit 
the area. If permission is granted, all persons and vessels must comply 
with the instructions of the Captain of the Port or the designated 
representative.
    (4) The Captain of the Port Key West may waive any of the 
requirements of this subpart for any vessel upon finding that the 
vessel or class of vessel, operational conditions, or other 
circumstances are such that application of this subpart is unnecessary 
or impractical for the purpose of port security, safety, or 
environmental safety.

    Dated: February 4, 2019.
P.J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2019-01468 Filed 2-6-19; 8:45 am]
 BILLING CODE 9110-04-P