Amending Regulations Relating to the Safeguarding of Vessels, Harbors, Ports, and Waterfront Facilities of the United States
| Published date | 26 February 2024 |
| Record Number | 2024-04012 |
| Citation | 89 FR 13971 |
| Court | Executive Office Of The President |
| Section | Presidential Documents |
Federal Register, Volume 89 Issue 38 (Monday, February 26, 2024)
[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Presidential Documents]
[Pages 13971-13974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04012] Presidential Documents
Federal Register / Vol. 89 , No. 38 / Monday, February 26, 2024 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 13971]]
Executive Order 14116 of February 21, 2024
Amending Regulations Relating to the Safeguarding
of Vessels, Harbors, Ports, and Waterfront Facilities
of the United States
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 1 of title II of the Act of
June 15, 1917, as amended (46 U.S.C. 70051) (the
``Act''), and in addition to the finding in Executive
Order 10173 of October 18, 1950, and any other
declaration or finding in force under section 1 of the
Act, I find that the security of the United States is
endangered by reason of disturbances in the
international relations of the United States that exist
as a result of persistent and increasingly
sophisticated malicious cyber campaigns against the
United States, and that such disturbances continue to
endanger such relations, and hereby order that:
Section 1. Amendments. Part 6 of title 33 of the Code
of Federal Regulations is amended by:
(a) Amending section 6.01-3 to read as follows:
``6.01-3. Captain of the Port. Captain of the Port, as
used in this part, means the officer of the Coast
Guard, under the command of a District Commander, so
designated by the Commandant for the purpose of giving
immediate direction to Coast Guard law enforcement
activities within the Captain of the Port's assigned
area. In addition, the District Commander will be
Captain of the Port with respect to the remaining areas
in the District not assigned to officers designated by
the Commandant as Captain of the Port.'';
(b) Amending section 6.01-5 to read as follows:
``6.01-5. Security zone. Security zone, as used in this
part, means all areas of land, water, or land and
water, which are so designated by the Captain of the
Port for such time as the Captain of the Port deems
necessary to prevent damage or injury to any vessel or
waterfront facility, to safeguard ports, harbors,
territories, or waters of the United States or to
secure the observance of the rights and obligations of
the United States.'';
(c) Adding after the existing section 6.01-6 the
following new section:
``6.01-7. Damage. Damage, as used in this part in
connection with any data, information, network,
program, system, or other digital infrastructure, has
the meaning ascribed to ``damage'' under 18 U.S.C.
1030(e)(8).'';
(d) Adding after the new section 6.01-7 the
following new section:
``6.01-8. Cyber incident. Cyber incident, as used in
this part, has the meaning ascribed to an ``incident''
under 44 U.S.C. 3552(b)(2).'';
(e) Amending section 6.04-5 to read as follows:
``6.04-5. Preventing access of persons, articles, or
things, including any data, information, network,
program, system, or other digital infrastructure, to
vessels, or waterfront facilities. The Captain of the
Port may prevent any person, article, or thing,
including any data, information, network, program,
system, or other digital infrastructure, from boarding
or being taken or placed on board any vessel or
entering or being taken into or upon or placed in or
upon any waterfront facility whenever it appears to the
Captain of the Port that such action is necessary in
order to secure such vessel from damage or injury or to
prevent damage or injury to any vessel, or waterfront
facility, including any data, information, network,
program,
[[Page 13972]]
system, or other digital infrastructure therein or
thereon, or waters of the United States, or to secure
the observances of rights and obligations of the United
States.'';
(f) Amending section 6.04-6 to read as follows:
``6.04-6. Establishing security zones; prohibitions
with respect thereto. The Captain of a Port may
establish security zones subject to the terms and
conditions specified in Sec. 6.01-5. No person or
vessel shall enter a security zone without the
permission of the Captain of the Port. No person shall
board or take or place any article or thing, including
any data, information, network, program, system, or
other digital infrastructure, on board any vessel in a
security zone without the permission of the Captain of
the Port. No person shall take or place any article or
thing upon any waterfront facility in any such zone
without such permission.'';
(g) Amending section 6.04-7 to read as follows:
``6.04-7. Visitation, search, and removal. As
consistent with law, the Captain of the Port may cause
to be inspected and searched at any time any vessel,
waterfront facility, or security zone, or any person,
article, or thing, including any data, information,
network, program, system, or other digital
infrastructure thereon or therein, within the
jurisdiction of the United States, may place guards
upon any such vessel, waterfront facility, or security
zone and may remove therefrom any and all persons,
articles, or things, including any data, information,
network, program, system, or other digital
infrastructure, not specifically authorized by the
Captain of the Port to go or remain thereon or
therein.'';
(h) Amending section 6.04-8 to read as follows:
``6.04-8. Possession and control of vessels. The
Captain of the Port may supervise and control the
movement of any vessel and shall take full or partial
possession or control of any vessel or any part
thereof, within the territorial waters of the United
States under the Captain of the Port's jurisdiction,
whenever it appears to the Captain of the Port that
such action is necessary in order to secure such vessel
from damage or injury, including damage to any data,
information, network, program, system, or other digital
infrastructure thereon or therein, or to prevent damage
or injury to any vessel or waterfront facility or
waters of the United States, or to secure the
observance of rights and obligations of the United
States.'';
(i) Amending section 6.10-7 to read as follows:
``6.10-7. Identification credentials. The
identification credential to be issued by the
Commandant shall be known as the Coast Guard Port
Security Card, and the form of such credential, and the
conditions and the manner of its issuance shall be as
prescribed by the Commandant after consultation with
the Secretary of Labor. The Commandant shall not issue
a Coast Guard Port Security Card unless the Commandant
is satisfied that the character and habits of life of
the applicant therefor are such as to authorize the
belief that the presence of such individual on board a
vessel or within a waterfront facility would not be
inimical to the security of the United States. The
Commandant shall revoke and require the surrender of a
Coast Guard Port Security Card when the Commandant is
no longer satisfied that the holder is entitled
thereto. The Commandant may recognize for the same
purpose such other credentials as the Commandant may
designate in lieu of the Coast Guard Port Security
Card.'';
(j) Amending section 6.14-1 to read as follows:
``6.14-1. Safety measures. The Commandant, in order to
achieve the purposes of this part, may prescribe such
conditions and restrictions relating to the safety of
waterfront facilities and vessels in port as the
Commandant finds to be necessary under existing
circumstances. Such conditions and restrictions may
extend, but shall not be limited to, the inspection,
operation, maintenance, guarding, and manning of, and
fire-prevention measures for, such vessels and
waterfront facilities. Such conditions and restrictions
relating to the safety of waterfront facilities and
vessels in port may also extend to measures the
Commandant finds to be necessary under existing
circumstances to prevent, detect, assess, and remediate
an actual or threatened
[[Page 13973]]
cyber incident that could cause damage or injury to
vessels, harbors, ports, or waterfront facilities.'';
(k) Amending section 6.14-2 to read as follows:
``6.14-2. Condition of waterfront facility a danger to
vessel. Whenever the Captain of the Port finds that the
mooring of any vessel to a wharf, dock, pier, or other
waterfront structure would endanger such vessel, or any
other vessel, or the harbor or any facility therein by
reason of conditions existing on or about such wharf,
dock, pier, or other waterfront structure, including
inadequate guard service, insufficient lighting, fire
hazards, inadequate fire protection, unsafe machinery,
internal disturbance, damage to any data, information,
network, program, system, or other digital
infrastructure, actual or threatened cyber incident, or
unsatisfactory operation, the Captain of the Port may
prevent the mooring of any vessel to such wharf, dock,
pier, or other waterfront structure until the
unsatisfactory condition or conditions so found are
corrected, and the Captain of the Port may, for the
same reasons, after any vessel has been moored, compel
the shifting of such vessel from any such wharf, dock,
pier, or other waterfront structure.'';
(l) Amending section 6.16-1 to read as follows:
``6.16-1. Reporting of sabotage, subversive activity,
or an actual or threatened cyber incident. Evidence of
sabotage, subversive activity, or an actual or
threatened cyber incident involving or endangering any
vessel, harbor, port, or waterfront facility, including
any data, information, network, program, system, or
other digital infrastructure thereon or therein, shall
be reported immediately to the Federal Bureau of
Investigation, the Cybersecurity and Infrastructure
Security Agency (for any cyber incident), and the
Captain of the Port, or to their respective
representatives.'';
(m) Amending section 6.16-3 to read as follows:
``6.16-3. Precautions against sabotage. The master,
owner, agent, or operator of a vessel or waterfront
facility shall take all necessary precautions to
protect the vessel, waterfront facility, and cargo,
including any data, information, network, program,
system, or other digital infrastructure thereon or
therein, from sabotage.''; and
(n) Amending section 6.19-1 to read as follows:
``6.19-1. Primary responsibility. Nothing contained in
this part shall be construed as relieving the masters,
owners, operators, and agents of vessels or other
waterfront facilities from their primary responsibility
for the protection and security of such vessels or
waterfront facilities, including any data, information,
network, program, system, or other digital
infrastructure thereon or therein.''.
Sec. 2. Coordination. In enforcing regulations amended
by this order, the Commandant shall coordinate with the
Department of Justice and other relevant executive
departments and agencies, as appropriate under
applicable law or policy.
Sec. 3. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 13974]]
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
February 21, 2024.
[FR Doc. 2024-04012
Filed 2-23-24; 8:45 am]
Billing code 3395-F4-P
