Federal Register / Vol. 84, No. 134 / Friday, July 12, 2019 / Rules and Regulations 33169

(3) No vessel may take on bunkers or email Lieutenant Samuel Rodriguez- SNPRM’s preamble incorrectly referred conduct lightering operations within the Gonzalez, Sector Waterways to Berth 7 as the southern point of the safety zone during its enforcement Management Division, U.S. Coast fixed security zone encompassing the period. Guard; telephone (305) 535–4307, email Turning Basin and (4) This section applies to all vessels [email protected]; cruise and petroleum berths. However, except those engaged in law or BMC Greg Bergstrom, Sector Key the commenter noted that the SNPRM’s enforcement, aids to navigation West Waterways Management Division, regulatory text in § 165.760(b)(3), servicing, and emergency response U.S. Coast Guard; telephone (305) 292– correctly referred to the northern tip of operations. 8772, email [email protected]. Berth 22. The regulatory text that will (d) Enforcement. The U.S. Coast SUPPLEMENTARY INFORMATION: appear in the final rule has the correct Guard may be assisted in the patrol and wording and uses latitude and longitude enforcement of the safety zone by I. Table of Abbreviations designations to avoid any confusion. Federal, State, and local agencies. CFR Code of Federal Regulations The same commenter noted that while (e) Enforcement period. This zone DHS Department of Homeland Security the moving security zone would only will be enforced from approximately FR Federal Register apply to passenger vessels and other 9:30 p.m. to 10:30 p.m. on July 13, 2019. NPRM Notice of proposed rulemaking § Section vessels carrying cargoes of a particular Dated: July 9, 2019. U.S.C. United States Code hazard, or liquefied hazardous gas, it Scott E. Anderson, might be necessary to extend that to II. Background Information and other vessels at higher Maritime Captain, U.S. Coast Guard, Captain of the Regulatory History Port Delaware Bay. Security (MARSEC) levels using other existing Captain of the Port (COTP) [FR Doc. 2019–14882 Filed 7–11–19; 8:45 am] The Coast Guard published a notice of proposed rulemaking 1 (NPRM) on authorities. The security zone discussed BILLING CODE 9110–04–P September 16, 2016. The comment in this rule is a fixed security zone, and period closed on November 15, 2016. does not contain a moving security DEPARTMENT OF HOMELAND The Coast Guard received two zone. At higher MARSEC levels, Port SECURITY comments. Based on the comments Everglades will increase their security received we made minute changes to measures accordingly to mitigate Coast Guard specific coordinates of the proposed security vulnerabilities and ensure the security zone listed in § 165.760(b)(3) to safety of all vessels. 33 CFR Part 165 provide a larger security ‘‘standoff’’ The second commenter asked how the distance. We issued a supplemental Coast Guard would deal with the [Docket Number USCG–2018–0007] notice of proposed rulemaking 2 increase in patrols, and wanted to know RIN 1625–AA87 (SNPRM) on February 7, 2019 to if the Coast Guard is equipped to handle provide the public with an opportunity the extra workload. The Coast Guard Security Zones; Port of Palm Beach, to comment on these supplemental works closely with Broward County Port Everglades, Port of Miami, and changes. The comment period on the Sheriff’s Office to ensure the security , SNPRM closed on March 11, 2019. We zone is enforced in Port Everglades. received two comments on the SNPRM, Increased vessel traffic has been AGENCY: Coast Guard, DHS. which are discussed below. managed with success, and has not been ACTION: Final rule. a concern. The updated fixed security III. Legal Authority and Need for Rule zone extends further south than the SUMMARY: The Coast Guard is modifying The Coast Guard is issuing this rule security zone it is replacing, but that is the existing security zone regulations for under authority in 46 U.S.C. 70034 not expected to result in more patrols. the Port of Palm Beach, Port Everglades, (previously 33 U.S.C. 1231). The The longer security zone will increase Port of Miami, and Port of Key West purpose of this rule is to establish the geographic area that law Florida. The amendments will create a separate regulatory authority for Sector enforcement vessels will patrol; new section for Sector Key West Key West, clarify when the Port however, the patrols are not expected to security zones; clarify when the Port Everglades fixed security zones will be be conducted more often as a result of Everglades fixed security zones will be in effect, modify and lengthen a portion the updated security zone. in effect; modify and lengthen a portion of one of the Port Everglades fixed We note we erroneously mentioned in of one Port Everglades fixed security security zones, update language zone; and update language and the preamble of the SNPRM that we throughout the regulation for were going to revise the regulatory text definitions throughout the regulation. administrative reasons, and to protect The security zones are intended to by using the names of state parks when the public and Ports from potential referencing certain coordinates. It was protect the public and ports from subversive acts. potential subversive acts. determined that the names of the state parks did not add any clarity to the DATES: This rule is effective August 12, IV. Discussion of the SNPRM and the Rule regulatory text; therefore, we did not 2019. propose this change after all. As noted above, we received two ADDRESSES: To view documents With this final rule, we are finalizing comments on the SNPRM. The first mentioned in this preamble as being the regulatory text proposed in the commenter was in support of the available in the docket, go to https:// SNPRM without any further revisions. www.regulations.gov, type USCG–2018– security zone, but noted incorrect terms 0007 in the ‘‘SEARCH’’ box and click for landmarks used in the preamble. V. Regulatory Analyses ‘‘SEARCH.’’ Click on Open Docket This commenter pointed out that the We developed this rule after Folder on the line associated with this considering numerous statutes and rule. 1 The NPRM was issued under docket number USCG–2016–0327 (see 81 FR 63728). Executive orders related to rulemaking. FOR FURTHER INFORMATION CONTACT: If 2 The SNPRM was issued under docket number, Below we summarize our analyses you have questions on this rule, call or USCG–2018–0007 (see 84 FR 2479). based on a number of these statutes and

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Executive orders, and we discuss First impact on a substantial number of small E. Unfunded Mandates Reform Act Amendment rights of protestors. entities. The Unfunded Mandates Reform Act Under section 213(a) of the Small A. Regulatory Planning and Review of 1995 (2 U.S.C. 1531–1538) requires Business Regulatory Enforcement Federal agencies to assess the effects of Executive Orders 12866 and 13563 Fairness Act of 1996 (Pub. L. 104–121), their discretionary regulatory actions. In direct agencies to assess the costs and we want to assist small entities in particular, the Act addresses actions benefits of available regulatory understanding this rule. If the rule that may result in the expenditure by a alternatives and, if regulation is would affect your small business, State, local, or tribal government, in the necessary, to select regulatory organization, or governmental aggregate, or by the private sector of approaches that maximize net benefits. jurisdiction and you have questions $100,000,000 (adjusted for inflation) or Executive Order 13771 directs agencies concerning its provisions or options for more in any one year. Though this rule to control regulatory costs through a compliance, please contact the person will not result in such an expenditure, budgeting process. This rule has not listed in the FOR FURTHER INFORMATION we do discuss the effects of this rule been designated a ‘‘significant CONTACT section. elsewhere in this preamble. regulatory action,’’ under Executive Small businesses may send comments Order 12866. Accordingly, this rule has on the actions of Federal employees F. Environment not been reviewed by the Office of who enforce, or otherwise determine We have analyzed this rule under Management and Budget (OMB), and compliance with, Federal regulations to Department of Homeland Security pursuant to OMB guidance it is exempt the Small Business and Agriculture Directive 023–01 and Environmental from the requirements of Executive Regulatory Enforcement Ombudsman Planning COMDTINST 5090.1 (series), Order 13771. and the Regional Small Business which guide the Coast Guard in This regulatory action determination Regulatory Fairness Boards. The complying with the National is based on the following reasons: (1) Ombudsman evaluates these actions Environmental Policy Act of 1969 (42 Persons and vessels would still be able annually and rates each agency’s U.S.C. 4321–4370f), and have to operate in waters surrounding responsiveness to small business. If you determined that this action is one of a security zones; (2) the permanent fixed wish to comment on actions by category of actions that do not security zone encompassing Port employees of the Coast Guard, call 1– individually or cumulatively have a Everglades from Mid-Port to North-Port 888–REG–FAIR (1–888–734–3247). The significant effect on the human is within the natural boundaries of the Coast Guard will not retaliate against environment. This rule involves Port and is limited in size; (3) small entities that question or complain amending security zones. It is notification of the security zones will be about this rule or any policy or action categorically excluded from further made to the local maritime community of the Coast Guard. review under paragraph L60(a) in Table via posted signs and Broadcast Notice to C. Collection of Information 3–1 of U.S. Coast Guard Environmental Mariners on VHF–FM marine channels Planning Implementing Procedures This rule will not call for a new 5090.1. A Memorandum for the Record 16 when applicable; and (4) persons and collection of information under the vessels may operate within the security (MFR) supporting this determination is Paperwork Reduction Act of 1995 (44 available in the docket where indicated zone if authorized by Captain of the Port U.S.C. 3501–3520). Miami, Captain of the Port Key West, or under ADDRESSES. a designated representative. D. Federalism and Indian Tribal G. Protest Activities Governments B. Impact on Small Entities The Coast Guard respects the First A rule has implications for federalism Amendment rights of protesters. The Regulatory Flexibility Act of under Executive Order 13132, Protesters are asked to contact the 1980, 5 U.S.C. 601–612, as amended, Federalism, if it has a substantial direct person listed in the FOR FURTHER requires Federal agencies to consider effect on the States, on the relationship INFORMATION CONTACT section to the potential impact of regulations on between the national government and coordinate protest activities so that your small entities during rulemaking. The the States, or on the distribution of message can be received without term ‘‘small entities’’ comprises small power and responsibilities among the jeopardizing the safety or security of businesses, not-for-profit organizations various levels of government. We have people, places or vessels. that are independently owned and analyzed this rule under that Order and operated and are not dominant in their have determined that it is consistent List of Subjects in 33 CFR Part 165 fields, and governmental jurisdictions with the fundamental federalism Harbors, Marine safety, Navigation with populations of less than 50,000. principles and preemption requirements (water), Reporting and recordkeeping The Coast Guard received no comments described in Executive Order 13132. requirements, Security measures, from the Small Business Administration Also, this rule does not have tribal Waterways. on this rulemaking. The Coast Guard implications under Executive Order For the reasons discussed in the certifies under 5 U.S.C. 605(b) that this 13175, Consultation and Coordination preamble, the Coast Guard amends 33 rule will not have a significant with Indian Tribal Governments, CFR part 165 as follows: economic impact on a substantial because it does not have a substantial number of small entities. direct effect on one or more Indian PART 165—REGULATED NAVIGATION This rule may affect the following tribes, on the relationship between the AREAS AND LIMITED ACCESS AREAS entities, some of which may be small Federal Government and Indian tribes, entities: People and the owners or or on the distribution of power and ■ 1. The authority citation for part 165 operators of vessels intending to transit responsibilities between the Federal continues to read as follows: or remain within the security zone(s) Government and Indian tribes. If you Authority: 46 U.S.C. 70034, 70051; 33 CFR when they are in effect. For reasons believe this rule has implications for 1.05–1, 6.04–1, 6.04–6, and 160.5; discussed in section V.A. Regulatory federalism or Indian tribes, please Department of Homeland Security Delegation Planning and Review above, this rule contact the person listed in the FOR No. 0170.1. will not have a significant economic FURTHER INFORMATION CONTACT section. ■ 2. Add § 165.760 to read as follows:

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§ 165.760 Security Zones; Port of Palm Park and Star Island from the (i) Persons and vessels may transit the Beach, Port Everglades, and Port of Miami, MacArthur Causeway south to Port of Intracoastal Waterway; however, Florida. Miami. The western boundary is formed persons and vessels are not authorized (a) Definitions. (1) As used in this by an imaginary line from points to enter the fixed security zone section, passenger vessel is a vessel 25°46′45″ N, 080°10′52″ W, northwest to westward of the Intracoastal Waterway greater than 100 feet in length and over 25°46′46″ N, 080°10′54″ W, northeast to without authorization from Captain of 100 gross tons that is authorized to carry 25°46′53″ N, 080°10′50″ W, and the Port Miami or a designated more than 12 passengers for hire making extending northeast ending at Watson representative. On occasion, a passenger voyages lasting more than 24 hours, Island at 25°47′00″ N, 080°10′40″ W. vessel, vessel carrying cargoes of except for a ferry. The eastern boundary is formed by an particular hazard, or vessel carrying (2) As used in this section, a vessel imaginary line approximately 100 yards LHG may moor and encroach into the carrying cargoes of particular hazard is west of the Fisher Island Ferry terminal, Intracoastal Waterway. When this defined in 33 CFR part 126 and a vessel in approximate position 25°46′20″ N, occurs, persons and vessels shall transit carrying liquefied hazardous gas (LHG) 080°09′07″ W, extending southwest the Intracoastal Waterway east of the on is defined in 33 CFR part 127. across the Main Channel to Port of scene law enforcement vessel. (b) Locations. The following areas are Miami, at 25°46′16″ N, 080°09′11″ W. (ii) Periodically, vessels may be security zones (all coordinates are North The fixed security zone is in effect when required to temporarily hold their American Datum 1983): two or more passenger vessels, vessels (1) Fixed and moving security zones positions while large commercial traffic carrying cargoes of particular hazard, or operates in this area. Vessels near the around vessels in the Port of Palm vessels carrying LHG, enter or moor Beach, Port Everglades, and Port of security zone must follow the orders of within this zone. the Captain of the Port or the designated Miami, Florida. Moving security zones (i) When the security zone is in effect, are established 100 yards around all representative. persons and vessels shall not enter or (iii) Law enforcement vessels can be passenger vessels, vessels carrying transit the security zone along the cargoes of particular hazard, or vessels contacted on VHF Marine Band Radio, Miami Main Channel unless authorized Channel 16 (156.8 MHz). carrying liquefied hazardous gas (LHG) by Captain of the Port of Miami or a during transits entering or departing the (c) Regulations. (1) Prior to designated representative. commencing any movement, the person Port of Palm Beach, Port Everglades, or (ii) Persons and vessels may transit directing the movement of a passenger Port of Miami. These moving security the Miami Main Channel when only one vessel, a vessel carrying cargoes of zones are activated when the subject passenger vessel, one vessel carrying particular hazard, or a vessel carrying vessel passes: Lake Worth Lighted Buoy cargoes of particular hazard or one ° ′ ″ LW, at approximate position 26 46 22 vessel carrying LHG is berthed. LHG is encouraged to make a security N, 80°00′37″ W, when entering the Port (iii) Law enforcement vessels can be broadcast on VHF Marine Band Radio of Palm Beach; passes Port Everglades contacted on VHF Marine Band Radio, Channel 16 (156.8 MHz) to advise Lighted Buoy PE, at approximate Channel 16 (156.8 MHz). mariners of the moving security zone position 26°05′30″ N, 080°04′46″ W, (3) Fixed security zones in Port activation and intended transit. when entering Port Everglades; and Everglades. A fixed security zone (2) In accordance with the general passes Miami Lighted Buoy M, at encompasses Mid-Port to North-Port in regulations § 165.33, entry into these approximate position 25°46′05″ N, Port Everglades and includes all waters zones is prohibited, except as 080°05′01″ W, when entering Port of west of an imaginary line starting at the authorized by the Captain of the Port of Miami. These moving security zones southernmost point 26°05′24″ N, Miami or a designated representative. remain active whenever a passenger 080°06′57″ W, on the northern tip of Vessels such as pilot boats, tug boats, vessel, vessels carrying cargoes of Berth 22, to the northernmost point and contracted security vessels may particular hazard, or vessels carrying 26°06′01″ N, 080°07′09″ W, near the assist the Coast Guard Captain of the LHG is underway westward of the above west side of the 17th Street Bridge and Port by monitoring these zones strictly mentioned buoys. Fixed security zones then move west to the northwestern to advise mariners of the restrictions. are established 100 yards around all most point at 26°06′01″ N, 080°07′10″ The Captain of the Port will notify the passenger vessels, vessels carrying W. An additional fixed security zone public of the security zone via signs or cargoes of particular hazard, or vessels encompasses the waters west of the by Marine Safety Radio Broadcasts on carrying LHG, while the vessel is Intracoastal Waterway to the pier face of VHF Marine Band Radio Channel 16 moored in the Port of Palm Beach, Port Port Everglades from Mid-Port south to (156.8 MHz) when applicable. Everglades, or Port of Miami, Florida. the northern tip of the Dania Cut-Off (3) Persons and vessels desiring to Persons and vessels may pass within Canal and includes the waters westward enter or transit the fixed or moving 100 yards of a moored passenger vessel, of the line connecting the following security zones may contact the Captain vessel carrying cargoes of particular points to the pier face of Port of the Port Miami at (305) 535–4472 or hazard, or vessel carrying LHG that is Everglades: Starting at 26°05′25″ N, on VHF Marine Band Radio Channel 16 moored within or alongside a Federal 080°06′58″ W, on the northern tip of (156.8 MHz) to seek permission to channel as long as the passage occurs Berth 22 at Mid-Port, to a point directly transit the area. If permission is granted, outside of the on scene law enforcement east along the Intracoastal Waterway, all persons and vessels must comply vessel. Persons and vessels shall pass 26°05′25″ N, 080°06′54″ W, then with the instructions of the Captain of north of the on scene law enforcement southeast along the Intracoastal the Port or the designated vessel when north of the Port of Miami, Waterway to 26°05′10″ N, 080°06′49″ W, representative. south of the on scene law enforcement then southwest along the Intracoastal (4) The Captain of the Port Miami may vessel when south of the Port of Miami Waterway to 26°04′43″ N, 080°06′53″ W, waive any of the requirements of this and east of the on scene law then south along the Intracoastal section for any vessel upon finding that enforcement vessel in Port Everglades. Waterway to 26°03′54″ N, 080°06′52″ W, the vessel or class of vessel, operational (2) Fixed security zone in Port of and then west to the Port Everglades conditions, or other circumstances are Miami, Florida. A fixed security zone pier face just north of the Dania Cut-Off such that application of this section is encompasses all waters between Watson Canal at 26°03′54″ N, 080°06′55″ W. unnecessary or impractical for the

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purpose of port security, safety, or (3) Persons and vessels desiring to disclosure is restricted by statute. environmental safety. enter in, transit through, anchor in, or Certain other material, such as ■ 3. Revise § 165.761 to read as follows: remain within the fixed or moving copyrighted material, is not placed on security zones may contact the Captain the internet and will be publicly § 165.761 Security Zones; Port of Key of the Port Key West at (305) 292–8727 available only in hard copy form. West, Florida. or on VHF Marine Band Radio Channel Publicly available docket materials are (a) Definitions. (1) As used in this 16 (156.8 MHz) to seek permission to available either electronically through section, passenger vessel is a vessel transit the area. If permission is granted, https://www.regulations.gov or in hard greater than 100 feet in length and over all persons and vessels must comply copy at the EPA Region 6 Office, 1201 100 gross tons that is authorized to carry with the instructions of the Captain of Elm Street, Suite 500, Dallas, Texas more than 12 passengers for hire making the Port or the designated 752270. voyages lasting more than 24 hours, representative. FOR FURTHER INFORMATION CONTACT: except for a ferry. (4) The Captain of the Port Key West Elizabeth Layton, EPA Region 6 Office, (2) As used in this section, a vessel may waive any of the requirements of carrying cargoes of particular hazard is Air Permits Section, 1201 Elm Street, this section for any vessel upon finding Suite 500, Dallas, TX 75270, 214–665– defined in 33 CFR part 126 and a vessel that the vessel or class of vessel, carrying liquefied hazardous gas (LHG) 2136, [email protected]. To operational conditions, or other inspect the hard copy materials, please is defined in 33 CFR part 127. circumstances are such that application (b) Location. The following area is a schedule an appointment with Ms. of this section is unnecessary or security zone: Fixed and moving Elizabeth Layton or Mr. Bill Deese at impractical for the purpose of port security zones around vessels in the 214–665–7253. security, safety, or environmental safety. Port of Key West, Florida. A moving SUPPLEMENTARY INFORMATION: security zones is established 100 yards Dated: June 11, 2019. Throughout this document ‘‘we,’’ ‘‘us,’’ around all passenger vessels, vessels P.J. Brown, and ‘‘our’’ means the EPA. carrying cargoes of particular hazard, or Rear Admiral, U.S. Coast Guard, Commander, I. Background vessels carrying liquefied hazardous gas Seventh Coast Guard District. (LHG) during transits entering or [FR Doc. 2019–14876 Filed 7–11–19; 8:45 am] The background for this action is discussed in detail in our May 6, 2019 departing the Port of Key West, Florida. BILLING CODE 9110–04–P A moving security zones is activated proposal (84 FR 19750). In that when the subject vessel passes Key West document we proposed to approve one revision to the Texas SIP revising the Entrance Lighted Whistle Buoy KW, at ENVIRONMENTAL PROTECTION ° ′ ″ public notice provisions applicable to approximate position 24 27 26 N, AGENCY 081°48′00″ W. This moving security New Source Review (NSR) air quality zone remains active whenever a 40 CFR Part 52 air permit applications and ministerial passenger vessel, vessels carrying changes to the CFR to reflect recent EPA [EPA–R06–OAR–2018–0555; FRL–9995–52– SIP approvals for Texas public notice cargoes of particular hazard, or vessels Region 6] carrying LHG is underway westward of provisions for air quality permit the above mentioned buoys. Fixed applications. We did not receive any Air Plan Approval; Texas; Revisions to adverse comments regarding our security zones are established 100 yards Public Notice for Air Quality Permit around all passenger vessels, vessels proposal. We received one supportive Applications comment from the Texas Commission carrying cargoes of particular hazard, or on Environmental Quality supporting vessels carrying LHG, while the vessel AGENCY: Environmental Protection our proposal and concurring with EPA’s is moored in the Port of Key West, Agency (EPA). determination that the revisions are Florida. ACTION: Final rule. (c) Regulations. (1) Prior to consistent with the CAA and any other commencing any movement, the person SUMMARY: Pursuant to the Federal Clean applicable Federal regulations. No directing the movement of a passenger Air Act (CAA or the Act), the changes were made as a result of this vessel, a vessel carrying cargoes of Environmental Protection Agency (EPA) comment. particular hazard, or a vessel carrying is approving one revision to the Texas II. Final Action State Implementation Plan (SIP) LHG, is encouraged to make a security We are approving one revision to the broadcast on VHF Marine Band Radio, submitted on July 9, 2018 to revise the public notice provisions for certain air Texas SIP that revises NSR air Channel 16 (156.8 MHz) to advise permitting and public notice mariners of the moving security zone quality permit applications. The EPA is also finalizing ministerial changes to the requirements. We have determined that activation and intended transit. the revisions adopted on May 9, 2018, (2) In accordance with the general Code of Federal Regulations (CFR) to reflect recent EPA SIP approvals to the and submitted on July 9, 2018, were regulations § 165.33, entry into these developed in accordance with the CAA zones is prohibited except as authorized Texas SIP for public notice provisions for air quality permit applications. and EPA’s regulations, policy and by the Captain of the Port of Key West guidance for NSR permitting. Therefore, DATES: This rule is effective on August or a designated representative. Vessels under section 110 of the Act, the EPA 12, 2019. such as pilot boats, tug boats, and approves the following revisions to the contracted security vessels may assist ADDRESSES: The EPA has established a Texas SIP submitted on July 9, 2018: the Coast Guard Captain of the Port by docket for this action under Docket ID • Revisions to 30 TAC Section monitoring these zones strictly to advise No. EPA–R06–OAR–2018–0555. All 39.411—Text of Public Notice; mariners of the restrictions. The Captain documents in the docket are listed on • Revisions to 30 TAC Section of the Port will notify the public of the the https://www.regulations.gov 39.603—Newspaper Notice; and security zone via signs or by Marine website. Although listed in the index, • Revisions to 30 TAC Section Safety Radio Broadcasts on VHF Marine some information is not publicly 55.152—Public Comment Period. Band Radio, Channel 16 (156.8 MHz) available, e.g., Confidential Business The EPA is also approving ministerial when applicable. Information or other information whose changes to 40 CFR 52.2270(c) to reflect

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