[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 [www.gpo.gov]
[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 https://www.regulations.gov, 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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