36068 Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Rules and Regulations 

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. 

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: Omar.Beceiro@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ 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. 


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Federal Register / Vol. 86, No. 128 / Thursday, July 8, 2021 / Rules and Regulations 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 

■ 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. 

■ 2. Add § 165.T07–0514 to read as 

follows: 

§ 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°52′54′′ N, 

80°7′13′′ W; thence east to Point 2 in 

position 25°52′54′′ N, 80°6′56′′ W; 

thence south to Point 3 in position 

25°51′52′′ N, 80°6′52′′ W; thence west to 

Point 4 in position 25°51′52′′N, 80°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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