Presidential Documents

13971 

Federal Register 

Vol. 89, No. 38 

Monday, February 26, 2024 

Title 3— 

The President 

Executive Order 14116 of February 21, 2024 

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

States 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, including section 1 of title II of 

the Act of June 15, 1917, as amended (46 U.S.C. 70051) (the ‘‘Act’’), and 

in addition to the finding in Executive Order 10173 of October 18, 1950, 

and any other declaration or finding in force under section 1 of the Act, 

I find that the security of the United States is endangered by reason of 

disturbances in the international relations of the United States that exist 

as a result of persistent and increasingly sophisticated malicious cyber campaigns against the United States, and that such disturbances continue to 

endanger such relations, and hereby order that: 

Section 1. Amendments. Part 6 of title 33 of the Code of Federal Regulations 

is amended by: 

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

‘‘6.01–3. Captain of the Port. Captain of the Port, as used in this part, 

means the officer of the Coast Guard, under the command of a District 

Commander, so designated by the Commandant for the purpose of giving 

immediate direction to Coast Guard law enforcement activities within the 

Captain of the Port’s assigned area. In addition, the District Commander 

will be Captain of the Port with respect to the remaining areas in the 

District not assigned to officers designated by the Commandant as Captain 

of the Port.’’; 

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

‘‘6.01–5. Security zone. Security zone, as used in this part, means all areas 

of land, water, or land and water, which are so designated by the Captain 

of the Port for such time as the Captain of the Port deems necessary to 

prevent damage or injury to any vessel or waterfront facility, to safeguard 

ports, harbors, territories, or waters of the United States or to secure the 

observance of the rights and obligations of the United States.’’; 

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

‘‘6.01–7. Damage. Damage, as used in this part in connection with any 

data, information, network, program, system, or other digital infrastructure, 

has the meaning ascribed to ‘‘damage’’ under 18 U.S.C. 1030(e)(8).’’; 

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

‘‘6.01–8. Cyber incident. Cyber incident, as used in this part, has the meaning 

ascribed to an ‘‘incident’’ under 44 U.S.C. 3552(b)(2).’’; 

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

‘‘6.04–5. Preventing access of persons, articles, or things, including any 

data, information, network, program, system, or other digital infrastructure, 

to vessels, or waterfront facilities. The Captain of the Port may prevent 

any person, article, or thing, including any data, information, network, program, system, or other digital infrastructure, from boarding or being taken 

or placed on board any vessel or entering or being taken into or upon 

or placed in or upon any waterfront facility whenever it appears to the 

Captain of the Port that such action is necessary in order to secure such 

vessel from damage or injury or to prevent damage or injury to any vessel, 

or waterfront facility, including any data, information, network, program, 


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system, or other digital infrastructure therein or thereon, or waters of the 

United States, or to secure the observances of rights and obligations of 

the United States.’’; 

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

‘‘6.04–6. Establishing security zones; prohibitions with respect thereto. The 

Captain of a Port may establish security zones subject to the terms and 

conditions specified in § 6.01–5. No person or vessel shall enter a security 

zone without the permission of the Captain of the Port. No person shall 

board or take or place any article or thing, including any data, information, 

network, program, system, or other digital infrastructure, on board any vessel 

in a security zone without the permission of the Captain of the Port. No 

person shall take or place any article or thing upon any waterfront facility 

in any such zone without such permission.’’; 

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

‘‘6.04–7. Visitation, search, and removal. As consistent with law, the Captain 

of the Port may cause to be inspected and searched at any time any vessel, 

waterfront facility, or security zone, or any person, article, or thing, including 

any data, information, network, program, system, or other digital infrastructure thereon or therein, within the jurisdiction of the United States, may 

place guards upon any such vessel, waterfront facility, or security zone 

and may remove therefrom any and all persons, articles, or things, including 

any data, information, network, program, system, or other digital infrastructure, not specifically authorized by the Captain of the Port to go or remain 

thereon or therein.’’; 

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

‘‘6.04–8. Possession and control of vessels. The Captain of the Port may 

supervise and control the movement of any vessel and shall take full or 

partial possession or control of any vessel or any part thereof, within the 

territorial waters of the United States under the Captain of the Port’s jurisdiction, whenever it appears to the Captain of the Port that such action is 

necessary in order to secure such vessel from damage or injury, including 

damage to any data, information, network, program, system, or other digital 

infrastructure thereon or therein, or to prevent damage or injury to any 

vessel or waterfront facility or waters of the United States, or to secure 

the observance of rights and obligations of the United States.’’; 

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

‘‘6.10–7. Identification credentials. The identification credential to be issued 

by the Commandant shall be known as the Coast Guard Port Security Card, 

and the form of such credential, and the conditions and the manner of 

its issuance shall be as prescribed by the Commandant after consultation 

with the Secretary of Labor. The Commandant shall not issue a Coast Guard 

Port Security Card unless the Commandant is satisfied that the character 

and habits of life of the applicant therefor are such as to authorize the 

belief that the presence of such individual on board a vessel or within 

a waterfront facility would not be inimical to the security of the United 

States. The Commandant shall revoke and require the surrender of a Coast 

Guard Port Security Card when the Commandant is no longer satisfied 

that the holder is entitled thereto. The Commandant may recognize for 

the same purpose such other credentials as the Commandant may designate 

in lieu of the Coast Guard Port Security Card.’’; 

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

‘‘6.14–1. Safety measures. The Commandant, in order to achieve the purposes 

of this part, may prescribe such conditions and restrictions relating to the 

safety of waterfront facilities and vessels in port as the Commandant finds 

to be necessary under existing circumstances. Such conditions and restrictions may extend, but shall not be limited to, the inspection, operation, 

maintenance, guarding, and manning of, and fire-prevention measures for, 

such vessels and waterfront facilities. Such conditions and restrictions relating to the safety of waterfront facilities and vessels in port may also extend 

to measures the Commandant finds to be necessary under existing circumstances to prevent, detect, assess, and remediate an actual or threatened 


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cyber incident that could cause damage or injury to vessels, harbors, ports, 

or waterfront facilities.’’; 

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

‘‘6.14–2. Condition of waterfront facility a danger to vessel. Whenever the 

Captain of the Port finds that the mooring of any vessel to a wharf, dock, 

pier, or other waterfront structure would endanger such vessel, or any other 

vessel, or the harbor or any facility therein by reason of conditions existing 

on or about such wharf, dock, pier, or other waterfront structure, including 

inadequate guard service, insufficient lighting, fire hazards, inadequate fire 

protection, unsafe machinery, internal disturbance, damage to any data, information, network, program, system, or other digital infrastructure, actual or 

threatened cyber incident, or unsatisfactory operation, the Captain of the 

Port may prevent the mooring of any vessel to such wharf, dock, pier, 

or other waterfront structure until the unsatisfactory condition or conditions 

so found are corrected, and the Captain of the Port may, for the same 

reasons, after any vessel has been moored, compel the shifting of such 

vessel from any such wharf, dock, pier, or other waterfront structure.’’; 

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

‘‘6.16–1. Reporting of sabotage, subversive activity, or an actual or threatened 

cyber incident. Evidence of sabotage, subversive activity, or an actual or 

threatened cyber incident involving or endangering any vessel, harbor, port, 

or waterfront facility, including any data, information, network, program, 

system, or other digital infrastructure thereon or therein, shall be reported 

immediately to the Federal Bureau of Investigation, the Cybersecurity and 

Infrastructure Security Agency (for any cyber incident), and the Captain 

of the Port, or to their respective representatives.’’; 

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

‘‘6.16–3. Precautions against sabotage. The master, owner, agent, or operator 

of a vessel or waterfront facility shall take all necessary precautions to 

protect the vessel, waterfront facility, and cargo, including any data, information, network, program, system, or other digital infrastructure thereon or 

therein, from sabotage.’’; and 

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

‘‘6.19–1. Primary responsibility. Nothing contained in this part shall be construed as relieving the masters, owners, operators, and agents of vessels 

or other waterfront facilities from their primary responsibility for the protection and security of such vessels or waterfront facilities, including any 

data, information, network, program, system, or other digital infrastructure 

thereon or therein.’’. 

Sec. 2. Coordination. In enforcing regulations amended by this order, the 

Commandant shall coordinate with the Department of Justice and other 

relevant executive departments and agencies, as appropriate under applicable 

law or policy. 

Sec. 3. General Provisions. (a) Nothing in this order shall be construed 

to impair or otherwise affect: 

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

or the head thereof; or 

(ii) the functions of the Director of the Office of Management and Budget 

relating to budgetary, administrative, or legislative proposals. 

(b) This order shall be implemented consistent with applicable law and 

subject to the availability of appropriations. 


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(c) This order is not intended to, and does not, create any right or benefit, 

substantive or procedural, enforceable at law or in equity by any party 

against the United States, its departments, agencies, or entities, its officers, 

employees, or agents, or any other person. 

THE WHITE HOUSE, 

February 21, 2024. 

[FR Doc. 2024–04012 

Filed 2–23–24; 8:45 am] 

Billing code 3395–F4–P 


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