Rule2025-06238
Security Zone; Intracoastal Waterway, Palm 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
April 11, 2025
Effective
April 11, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary security zone on the waters of the Atlantic Ocean near the Mar-A-Lago Club and the Southern Boulevard Bridge in Palm Beach, Florida FL. This rule is substantially like the "east zone" security zone in Coast Guard regulations. The Coast Guard will only enforce this rule when the President of the United States, members of the First Family, or other persons under the protection of the Secret Service are present or expected to be present. This action is necessary to protect the official party, public, and surrounding waterways from terrorist acts, sabotage or other subversive acts, accidents, or other events of a similar nature.
Full Text
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<title>Federal Register, Volume 90 Issue 69 (Friday, April 11, 2025)</title>
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[Federal Register Volume 90, Number 69 (Friday, April 11, 2025)]
[Rules and Regulations]
[Pages 15409-15411]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06238]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0225]
RIN 1625-AA00
Security Zone; Intracoastal Waterway, Palm Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a temporary security zone on
the waters of the Atlantic Ocean near the Mar-A-Lago Club and the
Southern Boulevard Bridge in Palm Beach, Florida FL. This rule is
substantially like the ``east zone'' security zone in Coast Guard
regulations. The Coast Guard will only enforce this rule when the
President of the United States, members of the First Family, or other
persons under the protection of the Secret Service are present or
expected to be present. This action is necessary to protect the
official party, public, and surrounding waterways from terrorist acts,
sabotage or other subversive acts, accidents, or other events of a
similar nature.
DATES:
Effective date: This rule is effective without actual notice from
April 11, 2025 through July 17, 2025. For the purposes of enforcement,
actual notice will be used from March 19, 2025, until April 11, 2025.
Comments due date: Comments and related material must be received
by the Coast Guard on or before May 12, 2025.
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-
2025-0225 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 Lieutenant Guerschom Etienne, Waterways Management
Division, Sector Miami, U.S. Coast Guard; telephone 786-295-9051, email
<a href="/cdn-cgi/l/email-protection#4e093b2b3c3d2d262123600b3a272b20202b0e3b3d2d2960232722"><span class="__cf_email__" data-cfemail="cd8ab8a8bfbeaea5a2a0e388b9a4a8a3a3a88db8beaeaae3a0a4a1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
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 interim rule without
prior notice and opportunity to comment pursuant to the authority in 5
U.S.C. 553(b)(B). This statutory 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.'' The Coast Guard
finds that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) with respect to this rule because it is
impracticable. It is necessary to immediately implement enhanced
security protections of presidential and VIP personnel in and around
this portion of the waterway. It is impracticable to publish an NPRM
because we must establish this security zone by March 19, 2025.
Also, 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 reasons stated in the
preceding paragraph, delaying the effective date of this rule is
impracticable because prompt action is needed to enhance the security
protections of presidential and VIP personnel present in the vicinity
of this waterway.
Although this regulation is published as an interim rule without
prior notice,
[[Page 15410]]
public comment is nevertheless desirable to ensure that the regulation
is both workable and reasonable. Accordingly, persons wishing to
comment may do so by submitting written comments to the office listed
under ADDRESSES in this preamble. Commenters should include their names
and addresses, identify the docket number for the regulation, and give
reasons for their comments. If the Coast Guard determines that changes
to the temporary interim rule are necessary, we will publish a
temporary final rule or other appropriate document.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under the
authority in 46 U.S.C. 70051 and 70124. The COTP Miami has determined
the security zone is necessary to protect the official party, public,
and surrounding waterways from terrorist acts, sabotage or other
subversive acts, accidents, or other events of a similar nature. This
temporary interim rule is needed to ensure the security of vessels and
navigable waters during visits to the Mar-a-Lago Club by the President,
the First Family, and other persons under the protection of the Secret
Service.
IV. Discussion of the Rule
This temporary interim rule establishes a security zone from March
19, 2025, through July 17, 2025. The security zone will overlap with
the already existing ``east zone'' in 33 CFR 165.785. All persons and
vessels are prohibited from entering, transiting, anchoring in, or
remaining within the security zone unless authorized by the COTP Miami
or a designated representative. This section will be enforced when the
President of the United States, members of the First Family, or other
persons under the protection of the Secret Service are present or
expected to be present at the Mar-a-Lago Club in Palm Beach, Florida
until July 17, 2025. The duration of the zone is intended to ensure the
safety of the President of the United States, members of the First
Family, or other persons under the protection of the Secret Service.
The Coast Guard will notify the public and local mariners of this
safety zone through appropriate means, which may include, but are not
limited to, Broadcast Notice to Mariners via marine Channel 16 (VHF-
FM). Coast Guard patrol assets will also be on-scene with flashing
energized blue lights the security zone is in effect.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
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, and duration of the temporary safety zone. This security zone
impacts only a small area of the Atlantic Ocean near the Mar-A-Lago
Club and the Southern Boulevard Bridge in Palm Beach, FL. The security
zone will be enforced only President of the United States, members of
the First Family, or other persons under the protection of the Secret
Service are present or expected to be present at the Mar-a-Lago Club in
Palm Beach, Florida from March 19, 2024 through July 17, 2025. Vessel
traffic will be permitted to transit the area at other times. Moreover,
the rule allows vessels to seek permission from the COTP to transit 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
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 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
[[Page 15411]]
$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 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 impacts only a small area of the Atlantic Ocean near the
Mar-A-Lago Club and the Southern Boulevard Bridge in Palm Beach,
Florida FL, and will be enforced only President of the United States,
members of the First Family, or other persons under the protection of
the Secret Service are present or expected to be present. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. To do
so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2025-0225 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using <a href="http://www.regulations.gov">http://www.regulations.gov</a>, contact the person in the FOR FURTHER INFORMAITON
CONTACT section of this document for alternate instructions.
Viewing material in the docket. To view documents mentioned in this
rule as being available in the docket, find the docket as described in
the previous paragraph, and then select ``Supporting & Related
Material'' in the Document Type column. Public comments will also be
placed in our online docket and can be viewed by following instructions
on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
We review all comments received, but we will only post comments that
address the topic of this rule. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more information about privacy and
submissions to the docket in response to this document, see DHS's
eRulemaking System of Records Notice (85 FR 14226, March 11, 2020).
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 is
amending 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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0225 to read as follows:
Sec. 165.T07-0225 Security Zone; Intracoastal Waterway, Palm Beach,
FL.
(a) Location. The following area is a security zone: All waters of
the Atlantic Ocean from surface to bottom within the following points:
Beginning at Point 1 in position 26[deg]41'21'' N, 80[deg]02'01'' W;
thence south following the shoreline to Point 2 in position
26[deg]39'57'' N, 80[deg]20'9'' W; thence east to Point 3 in position
26[deg]39'57'' N, 80[deg]01'36'' W; thence north to Point 4 in position
26[deg]41'22'' N, 80[deg]01'29'' W, thence back to origin at Point 1.
(b) Definitions. As used in this section, designated representative
means any Coast Guard commissioned, warrant, petty officer, a Coast
Guard coxswain, petty officer, or other officer operating a Coast Guard
vessel, or any Federal, State, or local law enforcement officer who has
been designated by the Captain of the Port Miami (COTP) to act on his
or her behalf. The designated representative may be on an official
patrol vessel or may be on shore and will communicate with vessels via
VHF-FM radio or loudhailer. In addition, members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
Official patrol vessels mean any Coast Guard, Coast Guard Auxiliary,
state, or local law enforcement vessels assigned or approved by the
COTP to enforce this section.
(c) Regulations. When the security zone described in paragraph (a)
of this section is enforced, the following regulations, along with
those contained in 33 CFR 165.785 apply:
(1) All persons and vessels are prohibited from entering,
transiting, anchoring in, or remaining within the security zone unless
authorized by the COTP Miami or a designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at (305) 535-4472 or may contact a
designated representative via VHF radio on channel 16. Those in the
security zone must comply with all lawful orders or directions given to
them by the COTP or the COTP's designated representative.
(d) Effective period and enforcement period. The security zone in
paragraph (a) of this section is in effect from March 19, 2025, through
July 17, 2025. This section is subject to enforcement at all times
during this period. The Coast Guard anticipates the safety zone will be
enforced when the President of the United States, members of the First
Family, or other persons under the protection of the Secret Service are
present or expected to be present at the Mar-a-Lago Club in Palm Beach,
Florida. The Coast Guard will rely on the methods described to notify
the public prior to activation of any of the security zones described
in paragraph (a) of this section. Coast Guard patrol assets will also
be on-scene with flashing energized blue lights.
(e) Penalties. Those who violate this section are subject to the
penalties set forth in 46 U.S.C. 70036.
Dated: March 19, 2025.
Christopher R. Cederholm,
Captain, U.S. Coast Guard, Captain of the Port, Sector Miami.
[FR Doc. 2025-06238 Filed 4-10-25; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on April 11, 2025.
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.