Amending Regulations Relating to the Safeguarding of Vessels, Harbors, Ports, and Waterfront Facilities of the United States, 13971-13974 [2024-04012]

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• Executive Office of the President

[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Presidential Documents]
[Pages 13971-13974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04012]




                        Presidential Documents 



Federal Register / Vol. 89 , No. 38 / Monday, February 26, 2024 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 13971]]

                Executive Order 14116 of February 21, 2024

                
Amending Regulations Relating to the Safeguarding 
                of Vessels, Harbors, Ports, and Waterfront Facilities 
                of the United States

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 1 of title II of the Act of 
                June 15, 1917, as amended (46 U.S.C. 70051) (the 
                ``Act''), and in addition to the finding in Executive 
                Order 10173 of October 18, 1950, and any other 
                declaration or finding in force under section 1 of the 
                Act, I find that the security of the United States is 
                endangered by reason of disturbances in the 
                international relations of the United States that exist 
                as a result of persistent and increasingly 
                sophisticated malicious cyber campaigns against the 
                United States, and that such disturbances continue to 
                endanger such relations, and hereby order that:

                Section 1. Amendments. Part 6 of title 33 of the Code 
                of Federal Regulations is amended by:

                    (a) Amending section 6.01-3 to read as follows:

                ``6.01-3. Captain of the Port. Captain of the Port, as 
                used in this part, means the officer of the Coast 
                Guard, under the command of a District Commander, so 
                designated by the Commandant for the purpose of giving 
                immediate direction to Coast Guard law enforcement 
                activities within the Captain of the Port's assigned 
                area. In addition, the District Commander will be 
                Captain of the Port with respect to the remaining areas 
                in the District not assigned to officers designated by 
                the Commandant as Captain of the Port.'';

                    (b) Amending section 6.01-5 to read as follows:

                ``6.01-5. Security zone. Security zone, as used in this 
                part, means all areas of land, water, or land and 
                water, which are so designated by the Captain of the 
                Port for such time as the Captain of the Port deems 
                necessary to prevent damage or injury to any vessel or 
                waterfront facility, to safeguard ports, harbors, 
                territories, or waters of the United States or to 
                secure the observance of the rights and obligations of 
                the United States.'';

                    (c) Adding after the existing section 6.01-6 the 
                following new section:

                ``6.01-7. Damage. Damage, as used in this part in 
                connection with any data, information, network, 
                program, system, or other digital infrastructure, has 
                the meaning ascribed to ``damage'' under 18 U.S.C. 
                1030(e)(8).'';

                    (d) Adding after the new section 6.01-7 the 
                following new section:

                ``6.01-8. Cyber incident. Cyber incident, as used in 
                this part, has the meaning ascribed to an ``incident'' 
                under 44 U.S.C. 3552(b)(2).'';

                    (e) Amending section 6.04-5 to read as follows:

                ``6.04-5. Preventing access of persons, articles, or 
                things, including any data, information, network, 
                program, system, or other digital infrastructure, to 
                vessels, or waterfront facilities. The Captain of the 
                Port may prevent any person, article, or thing, 
                including any data, information, network, program, 
                system, or other digital infrastructure, from boarding 
                or being taken or placed on board any vessel or 
                entering or being taken into or upon or placed in or 
                upon any waterfront facility whenever it appears to the 
                Captain of the Port that such action is necessary in 
                order to secure such vessel from damage or injury or to 
                prevent damage or injury to any vessel, or waterfront 
                facility, including any data, information, network, 
                program,

[[Page 13972]]

                system, or other digital infrastructure therein or 
                thereon, or waters of the United States, or to secure 
                the observances of rights and obligations of the United 
                States.'';

                    (f) Amending section 6.04-6 to read as follows:

                ``6.04-6. Establishing security zones; prohibitions 
                with respect thereto. The Captain of a Port may 
                establish security zones subject to the terms and 
                conditions specified in Sec.  6.01-5. No person or 
                vessel shall enter a security zone without the 
                permission of the Captain of the Port. No person shall 
                board or take or place any article or thing, including 
                any data, information, network, program, system, or 
                other digital infrastructure, on board any vessel in a 
                security zone without the permission of the Captain of 
                the Port. No person shall take or place any article or 
                thing upon any waterfront facility in any such zone 
                without such permission.'';

                    (g) Amending section 6.04-7 to read as follows:

                ``6.04-7. Visitation, search, and removal. As 
                consistent with law, the Captain of the Port may cause 
                to be inspected and searched at any time any vessel, 
                waterfront facility, or security zone, or any person, 
                article, or thing, including any data, information, 
                network, program, system, or other digital 
                infrastructure thereon or therein, within the 
                jurisdiction of the United States, may place guards 
                upon any such vessel, waterfront facility, or security 
                zone and may remove therefrom any and all persons, 
                articles, or things, including any data, information, 
                network, program, system, or other digital 
                infrastructure, not specifically authorized by the 
                Captain of the Port to go or remain thereon or 
                therein.'';

                    (h) Amending section 6.04-8 to read as follows:

                ``6.04-8. Possession and control of vessels. The 
                Captain of the Port may supervise and control the 
                movement of any vessel and shall take full or partial 
                possession or control of any vessel or any part 
                thereof, within the territorial waters of the United 
                States under the Captain of the Port's jurisdiction, 
                whenever it appears to the Captain of the Port that 
                such action is necessary in order to secure such vessel 
                from damage or injury, including damage to any data, 
                information, network, program, system, or other digital 
                infrastructure thereon or therein, or to prevent damage 
                or injury to any vessel or waterfront facility or 
                waters of the United States, or to secure the 
                observance of rights and obligations of the United 
                States.'';

                    (i) Amending section 6.10-7 to read as follows:

                ``6.10-7. Identification credentials. The 
                identification credential to be issued by the 
                Commandant shall be known as the Coast Guard Port 
                Security Card, and the form of such credential, and the 
                conditions and the manner of its issuance shall be as 
                prescribed by the Commandant after consultation with 
                the Secretary of Labor. The Commandant shall not issue 
                a Coast Guard Port Security Card unless the Commandant 
                is satisfied that the character and habits of life of 
                the applicant therefor are such as to authorize the 
                belief that the presence of such individual on board a 
                vessel or within a waterfront facility would not be 
                inimical to the security of the United States. The 
                Commandant shall revoke and require the surrender of a 
                Coast Guard Port Security Card when the Commandant is 
                no longer satisfied that the holder is entitled 
                thereto. The Commandant may recognize for the same 
                purpose such other credentials as the Commandant may 
                designate in lieu of the Coast Guard Port Security 
                Card.'';

                    (j) Amending section 6.14-1 to read as follows:

                ``6.14-1. Safety measures. The Commandant, in order to 
                achieve the purposes of this part, may prescribe such 
                conditions and restrictions relating to the safety of 
                waterfront facilities and vessels in port as the 
                Commandant finds to be necessary under existing 
                circumstances. Such conditions and restrictions may 
                extend, but shall not be limited to, the inspection, 
                operation, maintenance, guarding, and manning of, and 
                fire-prevention measures for, such vessels and 
                waterfront facilities. Such conditions and restrictions 
                relating to the safety of waterfront facilities and 
                vessels in port may also extend to measures the 
                Commandant finds to be necessary under existing 
                circumstances to prevent, detect, assess, and remediate 
                an actual or threatened

[[Page 13973]]

                cyber incident that could cause damage or injury to 
                vessels, harbors, ports, or waterfront facilities.'';

                    (k) Amending section 6.14-2 to read as follows:

                ``6.14-2. Condition of waterfront facility a danger to 
                vessel. Whenever the Captain of the Port finds that the 
                mooring of any vessel to a wharf, dock, pier, or other 
                waterfront structure would endanger such vessel, or any 
                other vessel, or the harbor or any facility therein by 
                reason of conditions existing on or about such wharf, 
                dock, pier, or other waterfront structure, including 
                inadequate guard service, insufficient lighting, fire 
                hazards, inadequate fire protection, unsafe machinery, 
                internal disturbance, damage to any data, information, 
                network, program, system, or other digital 
                infrastructure, actual or threatened cyber incident, or 
                unsatisfactory operation, the Captain of the Port may 
                prevent the mooring of any vessel to such wharf, dock, 
                pier, or other waterfront structure until the 
                unsatisfactory condition or conditions so found are 
                corrected, and the Captain of the Port may, for the 
                same reasons, after any vessel has been moored, compel 
                the shifting of such vessel from any such wharf, dock, 
                pier, or other waterfront structure.'';

                    (l) Amending section 6.16-1 to read as follows:

                ``6.16-1. Reporting of sabotage, subversive activity, 
                or an actual or threatened cyber incident. Evidence of 
                sabotage, subversive activity, or an actual or 
                threatened cyber incident involving or endangering any 
                vessel, harbor, port, or waterfront facility, including 
                any data, information, network, program, system, or 
                other digital infrastructure thereon or therein, shall 
                be reported immediately to the Federal Bureau of 
                Investigation, the Cybersecurity and Infrastructure 
                Security Agency (for any cyber incident), and the 
                Captain of the Port, or to their respective 
                representatives.'';

                    (m) Amending section 6.16-3 to read as follows:

                ``6.16-3. Precautions against sabotage. The master, 
                owner, agent, or operator of a vessel or waterfront 
                facility shall take all necessary precautions to 
                protect the vessel, waterfront facility, and cargo, 
                including any data, information, network, program, 
                system, or other digital infrastructure thereon or 
                therein, from sabotage.''; and

                    (n) Amending section 6.19-1 to read as follows:

                ``6.19-1. Primary responsibility. Nothing contained in 
                this part shall be construed as relieving the masters, 
                owners, operators, and agents of vessels or other 
                waterfront facilities from their primary responsibility 
                for the protection and security of such vessels or 
                waterfront facilities, including any data, information, 
                network, program, system, or other digital 
                infrastructure thereon or therein.''.

                Sec. 2. Coordination. In enforcing regulations amended 
                by this order, the Commandant shall coordinate with the 
                Department of Justice and other relevant executive 
                departments and agencies, as appropriate under 
                applicable law or policy.

                Sec. 3. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 13974]]

                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 21, 2024.

[FR Doc. 2024-04012
Filed 2-23-24; 8:45 am]
Billing code 3395-F4-P