[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Proposed Rules]
[Pages 50278-50280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17458]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0058]
RIN 1625-AA87


Security Zone; Port of Miami, Florida

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to change the existing Port of 
Miami fixed security zone regulation that encompasses certain navigable 
waters of the Miami Main Channel in Miami, FL. The proposed change is 
designed to extend the existing security zone eastward. The extension 
is needed to include future cruise ship terminals at the Port of Miami. 
This proposed action would extend the existing fixed security zone 
approximately 840 yards eastward along the Miami Main Channel. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 15, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0058 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LTJG Ben Adrien, Waterways 
Management Division Chief, U.S. Coast Guard; telephone (305) 535-4307, 
email [email protected].

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, Purpose, and Legal Basis

    On January 23, 2003, the Coast Guard published a final rule 
entitled, ``Security Zones; Port of Palm Beach, Port Everglades, Port 
of Miami, and Port of Key West, Florida'' in the Federal Register \1\ 
to protect the public, ports, and waterways of the Port of Palm Beah, 
Port Everglades, and the Port of Miami, against potential subversive 
acts. The existing fixed security zone described in 33 CFR 
165.760(b)(2), for the Port of Miami, encompasses all waters between 
Watson Island and Star Island from the MacArthur Causeway south to Port 
of Miami. The Port of Miami is undergoing an expansion project that 
will create new cruise ship terminals at the eastern end of the Port 
and outside the existing security zone.
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    \1\ 68 FR 3189.
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    The proposed rule would make changes to the existing fixed security 
zone for the Port of Miami, described in Sec.  165.760(b)(2), by 
extending the zone by approximately 840 yards eastward along the Miami 
Main Channel to just west of the Biscayne Bay Pilots Station. This 
proposed change is intended to protect the public, ports and waterways 
of the Port of Miami against potential subversive acts The Coast Guard 
is proposing this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to extend the existing Port of Miami 
fixed security zone eastward approximately 840 yards. The extension 
would cover all navigable waters in the Main Ship Channel from 
approximately Star Island to just west of the Biscayne Bay Pilots 
Station. The extension would carry the same regulations described in 
Sec.  165.760, which goes into effect when two or more passenger 
vessels, vessels carrying cargoes of particular hazard, or vessels 
carrying liquefied hazardous gas (LHG), enter or moor within this zone. 
When the security zone is in effect, persons and vessels would not be 
allowed to enter or transit the security zone along the Miami Main 
Channel, unless authorized by Captain of the Port of Miami or a 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on three specific 
factors: (1) persons and vessels may transit the Miami Main Channel 
when only one passenger vessel is berthed in the channel, one vessel 
carrying cargoes of particular hazard is berthed in the channel, or one 
vessel carrying LHG is berthed in the channel; (2) persons and vessels 
may operate within the security zone when authorized by Captain of the 
Port of Miami or a designated representative; and (3) mariners will be 
notified of the fixed security zone extension through the Local Notice 
to Mainers.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.

[[Page 50279]]

    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.
    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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves increasing 
the size of an existing security zone along the Miami Main Channel. 
Such actions are 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 preliminary 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0058 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and Record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 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.


[[Page 50280]]


0
2. In Sec.  165.760, revise paragraph (b)(2) to read as follows:


Sec.  165.760  Security Zones; Port of Palm Beach, Port Everglades, and 
Port of Miami, Florida.

* * * * *
    (b) * * *
    (2) Fixed security zone in Port of Miami, Florida. A fixed security 
zone encompassing all navigable waters within the Miami Main Channel 
between Star Island to just west of the Biscayne Bay Pilots Station. 
The security zone is formed by an imaginary line starting at the 
northwest corner in position 25[deg]46.33' N, 080[deg]09.16' W; thence 
in an easterly direction to the northeast corner in position 
25[deg]46.17' N, 080[deg]08.77' W; thence in a southerly direction to 
the southeast corner in position 25[deg]46.04' N, 080[deg]08.75' W; 
thence in a northwesterly direction to the southwest corner in position 
25[deg]46.23' N, 080[deg]09.16' W, thence in a northerly direction back 
to the northwest corner.
    (i) When the security zone is in effect, persons and vessels shall 
not enter or transit the security zone along the Miami Main Channel 
unless authorized by Captain of the Port of Miami or a designated 
representative.
    (ii) Persons and vessels may transit the Miami Main Channel when 
only one passenger vessel is berthed in the channel, one vessel 
carrying cargoes of particular hazard is berthed in the channel, or one 
vessel carrying LHG is berthed in the channel.
    (iii) Law enforcement vessels can be contacted on VHF Marine Band 
Radio, Channel 16 (156.8 MHz).
* * * * *

    Dated: August 2, 2022.
C.R. Cederholm,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2022-17458 Filed 8-15-22; 8:45 am]
BILLING CODE 9110-04-P


