82_FR_15351 82 FR 15293 - Security Zone; VIP Visits, Palm Beach, FL

82 FR 15293 - Security Zone; VIP Visits, Palm Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 58 (March 28, 2017)

Page Range15293-15295
FR Document2017-06111

The Coast Guard is establishing a temporary security zone in the vicinity of the Mar-a-Lago in Palm Beach, Florida during the visit of a high-level government official. 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 causes of a similar nature. Entering, transiting through, anchoring in, or remaining within this security zone is prohibited unless authorized by the Captain of the Port Miami or a designated representative.

Federal Register, Volume 82 Issue 58 (Tuesday, March 28, 2017)
[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Rules and Regulations]
[Pages 15293-15295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06111]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0220]
RIN 1625-AA87


Security Zone; VIP Visits, Palm Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary security zone in 
the vicinity of the Mar-a-Lago in Palm Beach, Florida during the visit 
of a high-level government official. 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 causes of a similar nature. Entering, transiting through, 
anchoring in, or remaining within this security zone is prohibited 
unless authorized by the Captain of the Port Miami or a designated 
representative.

DATES: This rule is effective without actual notice from March 28, 2017 
through May 29, 2017. For purposes of enforcement, actual notice will 
be used from March 17, 2017 through March 28, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0220 in the ``SEARCH'' box and click ``SEARCH.'' 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, Sector Miami 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because specific information regarding the 
need for the regulation was not received in time to publish a NPRM 
before the regulation's effective date. Delay in promulgating this rule 
would be impracticable and contrary to public interest because a 
security zone is required with short notice to protect the elected 
government official and the official's party in the vicinity of this 
waterway. The official's presence creates unique safety and security 
concerns.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register for the same reasons discussed 
above.
    We note that the Coast Guard is in the process of publishing an 
NPRM proposing to establish a permanent security zone for these events. 
While that rulemaking action will not affect the events occurring 
through May 29, 2017, it would establish a security zone for future 
similar events.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Miami (COTP) has determined that the 
official's visit presents a potential target for terrorist acts, 
sabotage, or other subversive acts, accidents, or other causes of a 
similar nature. Given the close proximity of the waterways to the 
official's visit site, this security zone is necessary to protect the 
official party, the public, and the surrounding waterways adjacent to 
the Mar-a-Lago Resort in Palm Beach, Florida.

IV. Discussion of the Rule

    This rule establishes a security zone from March 17, 2017 through 
May 29, 2017. The rule will be enforced every Friday through Monday on 
a recurring weekly basis from March 17, 2017 through May 29, 2017 
during the visit of a high-level government official. This rule will be 
enforced with actual notice while the high-level government official is 
visiting. This rule establishes a temporary security zone, which 
encompasses certain waters of the Intracoastal Waterway and the 
Atlantic Ocean in the vicinity of the Southern Boulevard Bridge in Palm 
Beach, Florida. The security zone will be broken into three zones. The 
first zone will consist of waters of the Lake Worth Lagoon from the 
southern tip of the Everglades Island to approximately 1000 yards south 
of the Southern Boulevard Bridge, and the eastern shore line out to 
Fisherman Island. No vessel or person will be permitted to enter, 
transit through, anchor in, or remain in the first zone without 
obtaining permission from the COTP or a designated representative.
    The second zone will consist of waters of the Lake Worth Lagoon 
including the Intracoastal Waterway from the southern tip of the 
Everglades Island to approximately 1000 yards south of the Southern 
Boulevard Bridge, and from the western shore line to the western edge 
of the Fisherman Island. All vessels transiting the second zone shall 
maintain a steady speed and shall not slow or stop in the zone.
    The third zone will consist of waters of the Atlantic Ocean from 
the Banyan Road south to Ocean View Road, and from shore to 
approximately 1000 yards east of the shoreline. All vessels transiting 
the third zone shall maintain a steady speed and shall not slow or stop 
in the zone.

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 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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.

[[Page 15294]]

    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the security zone. Vessel 
traffic will be able to safely transit around this security zone, which 
will impact a small designated area of the Intracoastal Waterway and 
the Atlantic Ocean in Palm Beach, FL for no more than five days at a 
time from March 17, 2017 to May 29, 2017 and in an area where traffic 
is low. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
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 will 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 above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a security zone lasting only a few days at a time that 
will prohibit entry within certain waters of the Intracoastal Waterway 
and Atlantic Ocean in Palm Beach, Florida. It is categorically excluded 
from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. 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.

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 a temporary Sec.  165.T07-0220 to read as follows:


Sec.  165.T07-0220   Security Zone; VIP Visits, Palm Beach, Florida.

    (a) Location. The following areas are security zones:
    (1) Zone 1. The navigable waters within the following points are a 
regulated area: Beginning at Point 1 in position 26[deg]41'21'' N., 
80[deg]2'39'' W.; thence east to Point 2 in position 26[deg]41'21'' N., 
80[deg]2'13'' W.; thence south following the shoreline to Point 3 in 
position 26[deg]39'58'' N., 80[deg]2'20'' W.; thence west to Point 4 in 
position 26[deg]39'58'' N., 80[deg]2'38'' W., thence back to origin at 
Point 1.
    (2) Zone 2. The navigable waters within the following points are a 
regulated area: Beginning at Point 1 in position 26[deg]41'21'' N., 
80[deg]2'39'' W.; thence west to Point 2 in position 26[deg]41'21'' N., 
80[deg]3'00'' W.; thence south following the shoreline to Point 3 in 
position 26[deg]39'58'' N., 80[deg]2'55'' W.; thence east to Point 4 in 
position 26[deg]39'58'' N., 80[deg]2'38'' W., thence back to origin at 
Point 1.

[[Page 15295]]

    (3) Zone 3. The navigable waters within the following points are a 
regulated area: Beginning at Point 1 in position 26[deg]41'21'' N., 
80[deg]2'01'' W.; thence south following the shoreline to Point 2 in 
position 26[deg]39'57'' N., 80[deg]2'01'' W.; thence east to Point 3 in 
position 26[deg]39'58'' N., 80[deg]1'02'' W.; thence north to Point 4 
in position 26[deg]41'20'' N., 80[deg]1'02'' W., thence back to origin 
at Point 1.
    (b) Regulations.
    (1) Requirements for Zone 1. All persons and vessels are prohibited 
from entering, transiting through, anchoring in, or remaining within 
the security zone unless authorized by the Captain of the Port Miami or 
a designated representative.
    (2) Requirements for Zone 2. All persons and vessels are required 
to transit through the security zone at a steady speed and may not slow 
down or stop except in the case unforeseen mechanical or other 
emergency. Any persons or vessels forced to slow or stop in the zone 
shall immediately notify the Captain of the Port via VHF channel 16.
    (3) Requirements for Zone 3. All persons and vessels are required 
to transit through the security zone at a steady speed and may not slow 
down or stop except in the case unforeseen mechanical or other 
emergency. Any persons or vessels forced to slow or stop in the zone 
shall immediately notify the Captain of the Port via VHF channel 16.
    (4) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the security zones described in paragraph (a) of 
this section may contact the Captain of the Port Miami by telephone at 
305-535-4472, or a designated representative via VHF radio on channel 
16 to request authorization. If authorization to enter, transit 
through, anchor in, or remain within the security zones is granted by 
the Captain of the Port Miami or a designated representative, all 
persons and vessels receiving such authorization must comply with the 
instructions of the Captain of the Port Miami or the designated 
representative.
    (5) The Coast Guard will provide notice of the security zones by 
Broadcast Notice to Mariners and on-scene designated representatives.
    (c) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Miami in the enforcement of the regulated area.
    (d) Effective and enforcement dates. This rule is effective from 
March 17, 2017 through May 29, 2017. This rule will be enforced with 
actual notice on a recurring weekly basis from March 17, 2017 through 
May 29, 2017, while the high-level government official is visiting.

    Dated: March 17, 2017.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2017-06111 Filed 3-27-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations                                         15293

                                                  Dated: March 14, 2017.                                II. Background Information and                        of a high-level government official. This
                                                Anthony J. Ceraolo,                                     Regulatory History                                    rule will be enforced with actual notice
                                                Captain, U.S. Coast Guard, Captain of the                  The Coast Guard is issuing this                    while the high-level government official
                                                Port of San Francisco.
                                                                                                        temporary rule without prior notice and               is visiting. This rule establishes a
                                                [FR Doc. 2017–06091 Filed 3–27–17; 8:45 am]             opportunity to comment pursuant to                    temporary security zone, which
                                                BILLING CODE 9110–04–P                                  authority under section 4(a) of the                   encompasses certain waters of the
                                                                                                        Administrative Procedure Act (APA) (5                 Intracoastal Waterway and the Atlantic
                                                                                                        U.S.C. 553(b)). This provision                        Ocean in the vicinity of the Southern
                                                DEPARTMENT OF HOMELAND                                  authorizes an agency to issue a rule                  Boulevard Bridge in Palm Beach,
                                                SECURITY                                                without prior notice and opportunity to               Florida. The security zone will be
                                                                                                        comment when the agency for good                      broken into three zones. The first zone
                                                Coast Guard                                                                                                   will consist of waters of the Lake Worth
                                                                                                        cause finds that those procedures are
                                                                                                        ‘‘impracticable, unnecessary, or contrary             Lagoon from the southern tip of the
                                                33 CFR Part 165                                                                                               Everglades Island to approximately 1000
                                                                                                        to the public interest.’’ Under 5 U.S.C.
                                                [Docket Number USCG–2017–0220]                          553(b)(B), the Coast Guard finds that                 yards south of the Southern Boulevard
                                                                                                        good cause exists for not publishing a                Bridge, and the eastern shore line out to
                                                RIN 1625–AA87                                                                                                 Fisherman Island. No vessel or person
                                                                                                        notice of proposed rulemaking (NPRM)
                                                                                                        with respect to this rule because specific            will be permitted to enter, transit
                                                Security Zone; VIP Visits, Palm Beach,
                                                                                                        information regarding the need for the                through, anchor in, or remain in the first
                                                FL
                                                                                                        regulation was not received in time to                zone without obtaining permission from
                                                AGENCY:    Coast Guard, DHS.                            publish a NPRM before the regulation’s                the COTP or a designated
                                                ACTION:   Temporary final rule.                         effective date. Delay in promulgating                 representative.
                                                                                                        this rule would be impracticable and                     The second zone will consist of
                                                SUMMARY:   The Coast Guard is                                                                                 waters of the Lake Worth Lagoon
                                                                                                        contrary to public interest because a
                                                establishing a temporary security zone                                                                        including the Intracoastal Waterway
                                                                                                        security zone is required with short
                                                in the vicinity of the Mar-a-Lago in Palm                                                                     from the southern tip of the Everglades
                                                                                                        notice to protect the elected government
                                                Beach, Florida during the visit of a high-                                                                    Island to approximately 1000 yards
                                                                                                        official and the official’s party in the
                                                level government official. The security                                                                       south of the Southern Boulevard Bridge,
                                                                                                        vicinity of this waterway. The official’s
                                                zone is necessary to protect the official                                                                     and from the western shore line to the
                                                                                                        presence creates unique safety and
                                                party, the public, and the surrounding                                                                        western edge of the Fisherman Island.
                                                                                                        security concerns.
                                                waterway from terrorist acts, sabotage or                                                                     All vessels transiting the second zone
                                                                                                           Under 5 U.S.C. 553(d)(3), the Coast
                                                other subversive acts, accidents, or other                                                                    shall maintain a steady speed and shall
                                                                                                        Guard finds that good cause exists for
                                                causes of a similar nature. Entering,                                                                         not slow or stop in the zone.
                                                                                                        making this rule effective less than 30
                                                transiting through, anchoring in, or                                                                             The third zone will consist of waters
                                                                                                        days after publication in the Federal
                                                remaining within this security zone is                                                                        of the Atlantic Ocean from the Banyan
                                                                                                        Register for the same reasons discussed
                                                prohibited unless authorized by the                                                                           Road south to Ocean View Road, and
                                                                                                        above.
                                                Captain of the Port Miami or a                                                                                from shore to approximately 1000 yards
                                                                                                           We note that the Coast Guard is in the
                                                designated representative.                                                                                    east of the shoreline. All vessels
                                                                                                        process of publishing an NPRM
                                                DATES: This rule is effective without                   proposing to establish a permanent                    transiting the third zone shall maintain
                                                actual notice from March 28, 2017                       security zone for these events. While                 a steady speed and shall not slow or
                                                through May 29, 2017. For purposes of                   that rulemaking action will not affect                stop in the zone.
                                                enforcement, actual notice will be used                 the events occurring through May 29,
                                                from March 17, 2017 through March 28,                                                                         V. Regulatory Analyses
                                                                                                        2017, it would establish a security zone
                                                2017.                                                   for future similar events.                              We developed this rule after
                                                ADDRESSES: To view documents                                                                                  considering numerous statutes and
                                                mentioned in this preamble as being                     III. Legal Authority and Need for Rule                Executive orders related to rulemaking.
                                                available in the docket, go to http://                    The Coast Guard is issuing this rule                Below we summarize our analyses
                                                www.regulations.gov, type USCG–2017–                    under authority in 33 U.S.C. 1231. The                based on a number of these statutes and
                                                0220 in the ‘‘SEARCH’’ box and click                    Captain of the Port Miami (COTP) has                  Executive orders, and we discuss First
                                                ‘‘SEARCH.’’ Click on Open Docket                        determined that the official’s visit                  Amendment rights of protestors.
                                                Folder on the line associated with this                 presents a potential target for terrorist             A. Regulatory Planning and Review
                                                rule.                                                   acts, sabotage, or other subversive acts,
                                                FOR FURTHER INFORMATION CONTACT: If                     accidents, or other causes of a similar                  Executive Orders 12866 and 13563
                                                you have questions on this rule, call or                nature. Given the close proximity of the              direct agencies to assess the costs and
                                                email Petty Officer Mara Brown, Sector                  waterways to the official’s visit site, this          benefits of available regulatory
                                                Miami Waterways Management                              security zone is necessary to protect the             alternatives and, if regulation is
                                                Division, U.S. Coast Guard; telephone                   official party, the public, and the                   necessary, to select regulatory
                                                305–535–4317, email Mara.J.Brown@                       surrounding waterways adjacent to the                 approaches that maximize net benefits.
                                                uscg.mil.                                               Mar-a-Lago Resort in Palm Beach,                      Executive Order 13563 emphasizes the
                                                                                                        Florida.                                              importance of quantifying both costs
                                                SUPPLEMENTARY INFORMATION:
                                                                                                                                                              and benefits, of reducing costs, of
                                                                                                        IV. Discussion of the Rule
mstockstill on DSK3G9T082PROD with RULES




                                                I. Table of Abbreviations                                                                                     harmonizing rules, and of promoting
                                                                                                           This rule establishes a security zone              flexibility. This rule has not been
                                                CFR Code of Federal Regulations
                                                DHS Department of Homeland Security
                                                                                                        from March 17, 2017 through May 29,                   designated a ‘‘significant regulatory
                                                FR Federal Register                                     2017. The rule will be enforced every                 action,’’ under Executive Order 12866.
                                                NPRM Notice of proposed rulemaking                      Friday through Monday on a recurring                  Accordingly, it has not been reviewed
                                                § Section                                               weekly basis from March 17, 2017                      by the Office of Management and
                                                U.S.C. United States Code                               through May 29, 2017 during the visit                 Budget.


                                           VerDate Sep<11>2014   16:44 Mar 27, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\28MRR1.SGM   28MRR1


                                                15294              Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations

                                                   This regulatory action determination                 C. Collection of Information                          certain waters of the Intracoastal
                                                is based on the size, location, duration,                 This rule will not call for a new                   Waterway and Atlantic Ocean in Palm
                                                and time-of-year of the security zone.                  collection of information under the                   Beach, Florida. It is categorically
                                                Vessel traffic will be able to safely                   Paperwork Reduction Act of 1995 (44                   excluded from further review under
                                                transit around this security zone, which                U.S.C. 3501–3520).                                    paragraph 34(g) of Figure 2–1 of the
                                                will impact a small designated area of                                                                        Commandant Instruction. We seek any
                                                the Intracoastal Waterway and the                       D. Federalism and Indian Tribal                       comments or information that may lead
                                                Atlantic Ocean in Palm Beach, FL for no                 Governments                                           to the discovery of a significant
                                                more than five days at a time from                         A rule has implications for federalism             environmental impact from this rule.
                                                March 17, 2017 to May 29, 2017 and in                   under Executive Order 13132,                          G. Protest Activities
                                                an area where traffic is low. Moreover,                 Federalism, if it has a substantial direct
                                                the Coast Guard will issue Broadcast                    effect on the States, on the relationship               The Coast Guard respects the First
                                                Notice to Mariners via VHF–FM marine                    between the national government and                   Amendment rights of protesters.
                                                channel 16 about the zone.                              the States, or on the distribution of                 Protesters are asked to contact the
                                                                                                        power and responsibilities among the                  person listed in the FOR FURTHER
                                                B. Impact on Small Entities
                                                                                                        various levels of government. We have                 INFORMATION CONTACT section to
                                                   The Regulatory Flexibility Act of                    analyzed this rule under that Order and               coordinate protest activities so that your
                                                1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 message can be received without
                                                requires Federal agencies to consider                   with the fundamental federalism                       jeopardizing the safety or security of
                                                the potential impact of regulations on                  principles and preemption requirements                people, places or vessels.
                                                small entities during rulemaking. The                   described in Executive Order 13132.
                                                                                                           Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                                term ‘‘small entities’’ comprises small
                                                businesses, not-for-profit organizations                implications under Executive Order                      Harbors, Marine safety, Navigation
                                                that are independently owned and                        13175, Consultation and Coordination                  (water), Reporting and recordkeeping
                                                operated and are not dominant in their                  with Indian Tribal Governments,                       requirements, Security measures,
                                                fields, and governmental jurisdictions                  because it does not have a substantial                Waterways.
                                                with populations of less than 50,000.                   direct effect on one or more Indian                     For the reasons discussed in the
                                                The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               preamble, the Coast Guard amends 33
                                                605(b) that this rule will not have a                   Federal Government and Indian tribes,                 CFR part 165 as follows:
                                                significant economic impact on a                        or on the distribution of power and
                                                substantial number of small entities.                   responsibilities between the Federal                  PART 165—REGULATED NAVIGATION
                                                   While some owners or operators of                    Government and Indian tribes. If you                  AREAS AND LIMITED ACCESS AREAS
                                                vessels intending to transit the safety                 believe this rule has implications for
                                                zone may be small entities, for the                     federalism or Indian tribes, please                   ■ 1. The authority citation for part 165
                                                reasons stated in section V.A. above,                   contact the person listed in the FOR                  continues to read as follows:
                                                this rule will not have a significant                   FURTHER INFORMATION CONTACT section
                                                                                                                                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                economic impact on any vessel owner                     above.                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                or operator.                                            E. Unfunded Mandates Reform Act                       Department of Homeland Security Delegation
                                                   Under section 213(a) of the Small                                                                          No. 0170.1.
                                                                                                          The Unfunded Mandates Reform Act
                                                Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires                 ■ 2. Add a temporary § 165.T07–0220 to
                                                Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of             read as follows:
                                                we want to assist small entities in                     their discretionary regulatory actions. In
                                                understanding this rule. If the rule                                                                          § 165.T07–0220 Security Zone; VIP Visits,
                                                                                                        particular, the Act addresses actions                 Palm Beach, Florida.
                                                would affect your small business,                       that may result in the expenditure by a
                                                organization, or governmental                           State, local, or tribal government, in the              (a) Location. The following areas are
                                                jurisdiction and you have questions                     aggregate, or by the private sector of                security zones:
                                                concerning its provisions or options for                $100,000,000 (adjusted for inflation) or                (1) Zone 1. The navigable waters
                                                compliance, please contact the person                   more in any one year. Though this rule                within the following points are a
                                                listed in the FOR FURTHER INFORMATION                   will not result in such an expenditure,               regulated area: Beginning at Point 1 in
                                                CONTACT section.                                        we do discuss the effects of this rule                position 26°41′21″ N., 80°2′39″ W.;
                                                   Small businesses may send comments                   elsewhere in this preamble.                           thence east to Point 2 in position
                                                on the actions of Federal employees                                                                           26°41′21″ N., 80°2′13″ W.; thence south
                                                who enforce, or otherwise determine                     F. Environment                                        following the shoreline to Point 3 in
                                                compliance with, Federal regulations to                    We have analyzed this rule under                   position 26°39′58″ N., 80°2′20″ W.;
                                                the Small Business and Agriculture                      Department of Homeland Security                       thence west to Point 4 in position
                                                Regulatory Enforcement Ombudsman                        Management Directive 023–01 and                       26°39′58″ N., 80°2′38″ W., thence back
                                                and the Regional Small Business                         Commandant Instruction M16475.lD,                     to origin at Point 1.
                                                Regulatory Fairness Boards. The                         which guide the Coast Guard in                          (2) Zone 2. The navigable waters
                                                Ombudsman evaluates these actions                       complying with the National                           within the following points are a
                                                annually and rates each agency’s                        Environmental Policy Act of 1969 (42                  regulated area: Beginning at Point 1 in
                                                responsiveness to small business. If you                U.S.C. 4321–4370f), and have                          position 26°41′21″ N., 80°2′39″ W.;
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                                                wish to comment on actions by                           determined that this action is one of a               thence west to Point 2 in position
                                                employees of the Coast Guard, call 1–                   category of actions that do not                       26°41′21″ N., 80°3′00″ W.; thence south
                                                888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                   following the shoreline to Point 3 in
                                                Coast Guard will not retaliate against                  significant effect on the human                       position 26°39′58″ N., 80°2′55″ W.;
                                                small entities that question or complain                environment. This rule involves a                     thence east to Point 4 in position
                                                about this rule or any policy or action                 security zone lasting only a few days at              26°39′58″ N., 80°2′38″ W., thence back
                                                of the Coast Guard.                                     a time that will prohibit entry within                to origin at Point 1.


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                                                                      Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations                                                         15295

                                                   (3) Zone 3. The navigable waters                                the Captain of the Port Miami or a                          ACTION: Notice of enforcement of
                                                within the following points are a                                  designated representative, all persons                      regulation.
                                                regulated area: Beginning at Point 1 in                            and vessels receiving such authorization
                                                position 26°41′21″ N., 80°2′01″ W.;                                must comply with the instructions of                        SUMMARY:    The Coast Guard will enforce
                                                thence south following the shoreline to                            the Captain of the Port Miami or the                        ten safety zones for fireworks displays
                                                Point 2 in position 26°39′57″ N.,                                  designated representative.                                  in the Sector Long Island Sound area of
                                                80°2′01″ W.; thence east to Point 3 in                                (5) The Coast Guard will provide                         responsibility on the date and time
                                                position 26°39′58″ N., 80°1′02″ W.;                                notice of the security zones by
                                                                                                                                                                               listed in the table below. This action is
                                                thence north to Point 4 in position                                Broadcast Notice to Mariners and on-
                                                                                                                                                                               necessary to provide for the safety of life
                                                26°41′20″ N., 80°1′02″ W., thence back                             scene designated representatives.
                                                                                                                      (c) Definition. The term ‘‘designated                    on navigable waterways during the
                                                to origin at Point 1.
                                                   (b) Regulations.                                                representative’’ means Coast Guard                          events. During the enforcement periods,
                                                   (1) Requirements for Zone 1. All                                Patrol Commanders, including Coast                          no person or vessel may enter the safety
                                                persons and vessels are prohibited from                            Guard coxswains, petty officers, and                        zones without permission of the Captain
                                                entering, transiting through, anchoring                            other officers operating Coast Guard                        of the Port (COTP) Sector Long Island
                                                in, or remaining within the security                               vessels, and Federal, state, and local                      Sound or designated representative.
                                                zone unless authorized by the Captain                              officers designated by or assisting the                     DATES: The regulation in 33 CFR
                                                of the Port Miami or a designated                                  Captain of the Port Miami in the
                                                                                                                                                                               165.151 Table 1 will be enforced during
                                                representative.                                                    enforcement of the regulated area.
                                                   (2) Requirements for Zone 2. All                                   (d) Effective and enforcement dates.                     the dates and times listed in the table in
                                                persons and vessels are required to                                This rule is effective from March 17,                       SUPPLEMENTARY INFORMATION.
                                                transit through the security zone at a                             2017 through May 29, 2017. This rule                        FOR FURTHER INFORMATION CONTACT:    If
                                                steady speed and may not slow down or                              will be enforced with actual notice on                      you have questions on this notice, call
                                                stop except in the case unforeseen                                 a recurring weekly basis from March 17,                     or email Petty Officer Katherine
                                                mechanical or other emergency. Any                                 2017 through May 29, 2017, while the                        Linnick, Waterways Management
                                                persons or vessels forced to slow or stop                          high-level government official is                           Division, U.S. Coast Guard Sector Long
                                                in the zone shall immediately notify the                           visiting.                                                   Island Sound; telephone 203–468–4565,
                                                Captain of the Port via VHF channel 16.                              Dated: March 17, 2017.
                                                   (3) Requirements for Zone 3. All                                                                                            email Katherine.E.Linnick@uscg.mil.
                                                                                                                   M.M. Dean,
                                                persons and vessels are required to                                                                                            SUPPLEMENTARY INFORMATION:    The Coast
                                                                                                                   Captain, U.S. Coast Guard, Captain of the
                                                transit through the security zone at a                             Port Miami.                                                 Guard will enforce the safety zones
                                                steady speed and may not slow down or                                                                                          listed in 33 CFR 165.151 Table 1 on the
                                                                                                                   [FR Doc. 2017–06111 Filed 3–27–17; 8:45 am]
                                                stop except in the case unforeseen                                                                                             specified dates and times indicated
                                                                                                                   BILLING CODE 9110–04–P
                                                mechanical or other emergency. Any                                                                                             below.
                                                persons or vessels forced to slow or stop
                                                in the zone shall immediately notify the                                                                                          Under the provisions of 33 CFR
                                                                                                                   DEPARTMENT OF HOMELAND                                      165.151, the fireworks displays listed
                                                Captain of the Port via VHF channel 16.                            SECURITY
                                                   (4) Persons and vessels desiring to                                                                                         below are established as safety zones.
                                                enter, transit through, anchor in, or                                                                                          During the enforcement period, persons
                                                                                                                   Coast Guard
                                                remain within the security zones                                                                                               and vessels are prohibited from entering
                                                described in paragraph (a) of this                                 33 CFR Part 165                                             into, transiting through, mooring, or
                                                section may contact the Captain of the                                                                                         anchoring within these safety zones
                                                Port Miami by telephone at 305–535–                                [Docket No. USCG–2012–1036]                                 unless they receive permission from the
                                                4472, or a designated representative via                                                                                       COTP or designated representative.
                                                                                                                   Safety Zones, Recurring Marine Events
                                                VHF radio on channel 16 to request
                                                                                                                   in Captain of the Port Long Island
                                                authorization. If authorization to enter,
                                                                                                                   Sound Zone
                                                transit through, anchor in, or remain
                                                within the security zones is granted by                            AGENCY:       Coast Guard, DHS.

                                                6.1   Barnum Festival Fireworks ..............................................................        •   Date: June 24, 2017.
                                                                                                                                                      •   Rain Date: June 25, 2017.
                                                                                                                                                      •   Time: 8:30 p.m. to 10:30 p.m.
                                                                                                                                                      •   Location: Waters of Bridgeport Harbor, Bridgeport, CT in approxi-
                                                                                                                                                          mate position 41°9′04″ N., 073°12′49″ W. (NAD 83).
                                                6.3   Vietnam Veterans/Town of East Haven Fireworks ..........................                        •   Date: June 24, 2017.
                                                                                                                                                      •   Rain Date: June 26, 2017.
                                                                                                                                                      •   Time: 9:00 p.m. to 11:00 p.m.
                                                                                                                                                      •   Location: Waters off Cosey Beach, East Haven, CT in approximate
                                                                                                                                                          position 41°14′19″ N., 072°52′9.8″ W. (NAD 83).
                                                7.4   Norwalk Fireworks ...........................................................................   •   Date: July 3, 2017.
                                                                                                                                                      •   Rain Date: July 5, 2017.
                                                                                                                                                      •   Time: 8:30 p.m. to 10:30 p.m.
                                                                                                                                                      •   Location: Waters off Calf Pasture Beach, Norwalk, CT in approxi-
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                                                                                                                                                          mate position 41°04′50″ N., 073°23′22″ W. (NAD 83).
                                                7.5   Lawrence Beach Club Fireworks .....................................................             •   Date: July 1, 2017.
                                                                                                                                                      •   Rain Date: July 2, 2017.
                                                                                                                                                      •   Time: 9:00 p.m. to 10:30 p.m.
                                                                                                                                                      •   Waters of the Atlantic Ocean off Lawrence Beach Club, Atlantic
                                                                                                                                                          Beach, NY in approximate position 40°34′42.65″ N., 073°42′56.02″
                                                                                                                                                          W. (NAD 83).



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Document Created: 2017-03-28 00:32:40
Document Modified: 2017-03-28 00:32:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from March 28, 2017 through May 29, 2017. For purposes of enforcement, actual notice will be used from March 17, 2017 through March 28, 2017.
ContactIf you have questions on this rule, call or email Petty Officer Mara Brown, Sector Miami Waterways Management Division, U.S. Coast Guard; telephone 305-535-4317, email [email protected]
FR Citation82 FR 15293 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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