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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 USCG20210514
RIN 1625AA87

Security Zone; Surfside Building Collapse, Surfside, FL
Coast Guard, Department of Homeland Security DHS.
ACTION: Temporary final rule.
AGENCY:

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.

SUMMARY:

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 USCG2021
0514 in the search box and click Search. Next, in the Document Type column, select Supporting & Related Material.
DATES:

If you have questions about this rule, call or email Omar Beceiro, Waterways Management Division, U.S. Coast Guard; telephone: 305 5354317, email: Omar.Beceiro@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

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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
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opportunity to comment pursuant to authority under section 4a of the Administrative Procedure Act APA
5 U.S.C. 553b. 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.
553bB, 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. 553d3, 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
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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
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.

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V. Regulatory Analyses
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601612, 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.
605b that this rule will not have a significant economic impact on a substantial number of small entities.

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