Rule2022-02743
Security Zone; Grounded Tug and Barge, Deerfield Beach, FL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 9, 2022
Effective
February 9, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary security zone for certain navigable waters of the Atlantic Ocean within a 1000 yard radius of a grounded tug and barge, the SEA EAGLE, on Deerfield Beach containing a cargo of national security interest. This action is necessary to protect the cargo and surrounding waterway from terrorist acts, sabotage or other subversive acts, accidents, or other events of a similar nature. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Miami.
Full Text
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<title>Federal Register, Volume 87 Issue 27 (Wednesday, February 9, 2022)</title>
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[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Rules and Regulations]
[Pages 7382-7384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02743]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0074]
RIN 1625-AA87
Security Zone; Grounded Tug and Barge, Deerfield Beach, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone for
certain navigable waters of the Atlantic Ocean within a 1000 yard
radius of a grounded tug and barge, the SEA EAGLE, on Deerfield Beach
containing a cargo of national security interest. This action is
necessary to protect the cargo and surrounding waterway from terrorist
acts, sabotage or other subversive acts, accidents, or other events of
a similar nature. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP) Miami.
DATES: This rule is effective without actual notice from February 9,
2022, through 11:00 a.m. on February 11, 2022. For the purposes of
enforcement, actual notice will be used from 12:00 p.m. on February 4,
2022, until February 9, 2022.
[[Page 7383]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0074 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Omar Beceiro, Waterways Management Division, U.S. Coast
Guard; telephone: (305) 535-4317, email: <a href="/cdn-cgi/l/email-protection#bcf3d1ddce92fed9dfd9d5ced3fcc9cfdfdb92d1d5d0"><span class="__cf_email__" data-cfemail="206f4d41520e6245434549524f60555343470e4d494c">[email protected]</span></a>.
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 immediate action is needed to protect
a cargo of national security interest, on board the grounded barge.
This vessel ran aground in the early morning hours of February 4, 2022,
and immediate action is needed to protect the vessel, it's cargo,
response personnel, and the waterway. It would be impracticable to
publish an NPRM because we must establish this security zone by
February 4, 2022.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
protect the cargo of national security interest, the vessel, response
personnel, and the waterway.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The COTP Miami has determined a cargo of national security
interest is on board the grounded tug and barge, and the cargo presents
a potential target for terrorist acts, sabotage, or other subversive
acts, accidents, or other causes of a similar nature. This security
zone is needed to protect the cargo of national security interest,
response personnel, the vessel, and the surrounding waterway, until the
tug and barge is refloated or cargo removed.
IV. Discussion of the Rule
This rule establishes a security zone from 12:00 p.m. on February
4, 2022 to 11:00 a.m. on February 11, 2022. The security zone will
cover all navigable waters of the Atlantic Ocean within 1000 yards of
the grounded tug and barge. The duration of the zone is intended to
protect a cargo of national security interest, response personnel, the
vessel, and surrounding waterway until the brage is refloated or cargo
removed. No vessel or person will be permitted to enter the security
zone without obtaining permission from the COTP or a designated
representative.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on the size,
location, duration, and scope of the security zone. The zone is limited
in size, location, and duration as it will cover all navigable waters
of the Atlantic Ocean within 1000 yards of the grounded SEA EAGLE, and
will last only one week. The zone is limited in scope as vessel traffic
will be able to safely transit around this security zone and vessels
may seek permission from the COTP to enter the zone. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the security 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
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the 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
[[Page 7384]]
power and responsibilities among the various levels of government. We
have analyzed this rule under that order and have determined that it is
consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined 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 an
emergency security zone lasting less than 7 days that will prohibit
entry within 1000 yards of the grounded tug and barge. This type of
action is categorically excluded from further review under paragraph
L60(c) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T07-0074 to read as follows:
Sec. 165.T07-0074 Security Zone; Grounded Tug and Barge, Deerfield
Beach, FL.
(a) Locations. The following is a temporary security zone: All
waters of the Atlanic Ocean witin a 1000 yard radius of position
26[deg]19'13.94'' N, 080'4'25.68'' W. The coordinates are in NAD 83.
(b) 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 (COTP) Miami in the enforcement of the security
zone.
(c) Regulations. (1) No person or vessel will be permitted to
enter, transit, anchor, or remain within the security zone unless
authorized by the COTP Miami or a designated representative. If
authorization is granted, persons and/or vessels receiving such
authorization must comply with the instructions of the COTP Miami or
designated representative.
(2) Persons who must notify or request authorization from the COTP
may do so by telephone at (305) 535-4313, or may contact a designated
representative via VHF radio on channel 16.
(d) Enforcement period. This section will be enforced from 12:00
p.m. on February 4, 2022, through 11:00 a.m. on February 11, 2022.
Dated: February 4, 2022.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2022-02743 Filed 2-8-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 9, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.