Amending Regulations Relating to the Safeguarding of Vessels, Harbors, Ports, and Waterfront Facilities of the United States

[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:

hat 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.'';

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

cribed 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:

cility, 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 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.'';

ncluding 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.'';

e 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.'';

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.'';

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

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]]

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