Rule2025-17092

Security Zone; Intracoastal Waterway, Palm Beach, FL

Primary source

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Published
September 5, 2025
Effective
September 5, 2025

Issuing agencies

Homeland Security DepartmentCoast Guard

Abstract

The Coast Guard is changing the enforcement of an existing security zone that encompasses certain waters of the Atlantic Ocean near the Mar-a-Lago Club and the Southern Boulevard Bridge in Palm Beach, FL. When the "East Zone" is activated all persons and vessels will be prohibited from entering, transiting, anchoring in, or remaining within the security zone unless authorized by the Captain of the Port Miami (COTP) or a designated representative.

Full Text

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<title>Federal Register, Volume 90 Issue 170 (Friday, September 5, 2025)</title>
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[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Rules and Regulations]
[Pages 42812-42814]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17092]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2025-0319]
RIN 1625-AA87


Security Zone; Intracoastal Waterway, Palm Beach, FL

AGENCY: Coast Guard, DHS.

[[Page 42813]]


ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the enforcement of an existing 
security zone that encompasses certain waters of the Atlantic Ocean 
near the Mar-a-Lago Club and the Southern Boulevard Bridge in Palm 
Beach, FL. When the ``East Zone'' is activated all persons and vessels 
will be prohibited from entering, transiting, anchoring in, or 
remaining within the security zone unless authorized by the Captain of 
the Port Miami (COTP) or a designated representative.

DATES: This rule is effective September 5, 2025.

ADDRESSES: To view go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for 
USCG-2025-0319.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Lieutenant Guerschom Etienne, Waterways Management 
Division, U.S. Coast Guard; telephone 786-295-9051, email 
<a href="/cdn-cgi/l/email-protection#366553554259447b5f575b5f615742534441574f457643455551185b5f5a"><span class="__cf_email__" data-cfemail="f1a29492859e83bc98909c98a69085948386908882b184829296df9c989d">[email&#160;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, Regulatory History, and Authority

    On April 19, 2018, the Coast Guard established a security zone 
around Mar-a-Lago Club in 33 CFR 165.785 to ensure the safety of the 
president, official party, and any other persons under the protection 
of the secret service at his residence. The security zone in Sec.  
165.785 consists of 3 zones with varying levels of security within the 
Intracoastal Waterway and Atlantic Ocean adjacent to this location. 
While this security zone has been in effect since 2018, increased 
vessel traffic in the area has created a need for heightened 
restrictions in the East Zone 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.
    In response, on July 10, 2025, the Coast Guard published a notice 
of proposed rulemaking (NPRM) titled Security Zone; Intracoastal 
Waterway, Palm Beach, FL (90 FR 30603). There we stated why we issued 
the NPRM and invited comments on our proposed regulatory action related 
to this security zone. During the comment period that ended August 11, 
2025, with 1 comments.
    The Coast Guard is issuing this rule under the authority in 46 
U.S.C. 70051 and 70124, which is needed to protect to ensure sufficient 
protection of the presidential party when they are in the vicinity of 
these waterways.
    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 
enhance the security protections of presidential and VIP personnel 
present in the vicinity of this waterway.

III. Discussion of Comments, Changes, and the Rule

    As noted above, we received 1 positive comments on our NPRM 
published July 10, 2025. This comment supported the rule as it is 
written; therefore, there are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule changes the enforcement of the ``East Zone'' security 
zone within 33 CFR 165.785, which is located on the waters of the 
Atlantic Ocean near the Mar-a-Lago Club and the Southern Boulevard 
Bridge in Palm Beach, FL. When the ``East Zone'' is activated 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.

IV. 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. 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 received no comments from the Small Business 
Administration on this rulemaking. 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 for the following 
reasons. Vessel traffic will be able to safely transit around the 
security zones which will impact a limited restriction on the waterway 
while the President or members of the official party have been present 
in the Mar-a-Lago club. Moreover, the Coast Guard will rely on the 
methods described in 33 CFR 165.7 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 when the east security zone is in 
effect.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your 
small business, organization, or governmental jurisdiction and you have 
questions, contact the person listed in the FOR FURTHER INFORMATION 
CONTACT section.
    Small businesses may send comments to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards by calling 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.

B. 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).

C. Federalism and Indian Tribal Governments

    We have analyzed this rule under Executive Order 13132, Federalism, 
and have determined that it is consistent with the fundamental 
federalism principles and preemption requirements in that Order. 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.

D. Unfunded Mandates Reform Act

    As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538), the Coast Guard certifies that this rule will not result in 
an annual expenditure of $100,000,000 or more (adjusted for inflation) 
by a State, local, or tribal government, in the aggregate, or by the 
private sector.

E. Environment

    We have analyzed this rule under Department of Homeland Security

[[Page 42814]]

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 is security zone. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket.

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, 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. 01.4.


0
2. Revise Sec.  165.785 to read as follows:


Sec.  165.785   Security Zone; Presidential Security Zone, Palm Beach, 
FL.

    (a) Location. The following area is a security zone:
    (1) Center zone. All waters of Lake Worth Lagoon from surface to 
bottom within the following points: Beginning at Point 1 in position 
26[deg]41'21'' N, 80[deg]02'39'' W; thence east to Point 2 in position 
26[deg]41'21'' N, 80[deg]02'13'' W; thence south following the 
shoreline to Point 3 in position 26[deg]39'58'' N, 80[deg]02'20'' W; 
thence west to Point 4 in position 26[deg]39'58'' N, 80[deg]02'38'' W, 
thence back to origin at Point 1.
    (2) West zone. All waters of Lake Worth Lagoon from surface to 
bottom within the following points: Beginning at Point 1 in position 
26[deg]41'21'' N, 80[deg]02'39'' W; thence west to Point 2 in position 
26[deg]41'21'' N, 80[deg]03'00'' W; thence south following the 
shoreline to Point 3 in position 26[deg]39'58'' N, 80[deg]02'55'' W; 
thence east to Point 4 in position 26[deg]39'58'' N, 80[deg]02'38'' W, 
thence back to origin at Point 1.
    (3) East 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 a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Sector Miami (COTP) in the enforcement of the 
security zone.
    (c) Regulations. (1) Center zone. 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) West zone. All persons and vessels are required to transit the 
security zone escorted by an on-scene designated representative at a 
steady speed and may not slow down or stop except in the case of 
unforeseen mechanical failure or other emergencies. Any persons or 
vessels forced to slow or stop in the zone shall immediately notify the 
COTP Miami via VHF channel 16.
    (3) East zone. 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.
    (4) Contacting Captain of the Port. 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) Enforcement period. (1) 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. 
The Coast Guard will rely on the methods described in 33 CFR 165.7 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 when the 
center, west, or east security zone is in effect.
    (2) [Reserved]

Frank J. Florio,
Captain, U.S. Coast Guard, Captain of the Port, Sector Miami.
[FR Doc. 2025-17092 Filed 9-4-25; 8:45 am]
BILLING CODE 9110-04-P


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Indexed from Federal Register on September 5, 2025.

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