[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Rules and Regulations]
[Pages 36068-36069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14574]



[[Page 36068]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0514]
RIN 1625-AA87


Security Zone; Surfside Building Collapse, Surfside, 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 near the town of 
Surfside, Florida. The security zone will cover all navigable waters 
from approximately one-half nautical mile north and south of the 
Champlain Towers South (accident site) and 500 yards offshore. This 
action is necessary to prevent vessels from approaching and possibly 
interefering with search and rescue operations at the Champlain Towers 
South in Surfside, FL. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
(COTP) Miami or a designated representative.

DATES: This rule is effective without actual notice from July 8, 2021 
through August 31, 2021. For the purposes of enforcement, actual notice 
will be used from July 1, 2021, until July 8, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0514 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 about 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#e7a88a8695c9a58284828e9588a792948480c98a8e8b"><span class="__cf_email__" data-cfemail="e8a785899ac6aa8d8b8d819a87a89d9b8b8fc6858184">[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 local authorities asked the Coast 
Guard to establish the security zone within 24 hours of the request. A 
delay in promulgating this rule would be impracticable because a 
security zone is required by July 1, 2021, to prevent vessels from 
approaching and possibly interefering with search and rescue operations 
at the Champlain Towers South in Surfside, FL. It would be contrary to 
public interest to postpone establishing the temporary security zone.
    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 
prevent interference of rescue operations at the Champlain Towers.

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 the potential interference of 
search and rescue operations at the Champlain Towers will be a concern 
for rescue personnel. This security zone is necessary to protect rescue 
operations, personnel, and surrounding waterways adjacent to the 
accident site in Surfside, Florida.

IV. Discussion of the Rule

    This rule establishes a security zone from 7:00 p.m. on July 1, 
2021, through 11:59 p.m. on August 31, 2021. The security zone will 
cover all navigable waters from approximately one-half nautical mile 
north and south of the Champlain Towers South (accident site) and 500 
yards offshore. The duration of the zone is intended to protect 
personnel during search and rescue operations at the Champlain Towers. 
No vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP Miami 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 and 
location of the security zone. The security zone is limited in size and 
location as it will cover all navigable waters from approximately one-
half nautical mile north and south of the Champlain Towers South 
(accident site) and 500 yards offshore. Although persons and vessels 
will not be able to enter, transit through, anchor in, or remain within 
the security zone without authorization from the Captain of the Port 
Miami or a designated representative, they may operate in the 
surrounding area during the enforcement period. Furthermore, the rule 
will allow vessels to seek permission to enter the zone. Persons and 
vessels may still enter, transit through, anchor in, or remain within 
the security zone during the enforcement period if authorized by the 
Captain of the Port Miami or a designated representative. The Coast 
Guard will provide advance notification of the security zone via a 
Broadcast Notice to Mariners, allowing mariners to make alternative 
plans or seek permission 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.

[[Page 36069]]

    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 $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 
temporary security zone lasting approximately 60 days that will 
prohibit entry of persons or vessls during search and rescue operations 
at the Champlain Towers in Surfside, Florida. It is categorically 
excluded from further review under paragraph L60(d) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
    A Drfat 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.

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. 0170.1.


0
2. Add Sec.  165.T07-0514 to read as follows:


Sec.  165.T07-0514  Security Zone; Surfside Building Collapse, 
Surfside, FL.

    (a) Locations. The temporary security zone is all waters of the 
Atlanic Ocean within the following points: Beginning at Point 1 in 
position 25[deg]52'54'' N, 80[deg]7'13'' W; thence east to Point 2 in 
position 25[deg]52'54'' N, 80[deg]6'56'' W; thence south to Point 3 in 
position 25[deg]51'52'' N, 80[deg]6'52'' W; thence west to Point 4 in 
position 25[deg]51'52''N, 80[deg]7'8'' W; thence back to origin at 
Point 1. The points are in North American Datum of 1983 (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 7:00 
p.m. on July 1, 2021, through 11:59 p.m. on August 31, 2021.

    Dated: July 1, 2021.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2021-14574 Filed 7-7-21; 8:45 am]
BILLING CODE 9110-04-P


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