Safety Zone; Recurring Marine Events, Sector Key West, Florida, 16780-16783 [2018-08014]
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16780
Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations
Protesters are asked to contact 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or a designated
representative. Persons and vessels may
request permission to enter the safety
zones on VHF–23A or through the 24hour Command Center at telephone
(415) 399–3547.
Dated: March 29, 2018
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2018–08012 Filed 4–16–18; 8:45 am]
BILLING CODE 9110–04–P
■
Authority: 33 U.S.C 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
2. Add § 165.T11–921 to read as
follows:
33 CFR Part 165
§ 165.T11–921 Safety Zone; Barge PFE–
LB444, San Joaquin River, Blackslough
Landing, CA.
RIN 1625–AA00
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■
[Docket Number USCG–2017–0159]
(a) Location. The following area is a
safety zone: all navigable waters within
90 yards of the unstable, partially
submerged barge and associated
recovery efforts centered in approximate
position 37°59′41.88″ N, 121°25′8.88″ W
(NAD 83).
(b) Enforcement period. The zone
described in paragraph (a) of this
section will be enforced from March 30,
2018 through April 30, 2018. The
Captain of the Port San Francisco
(COTP) will notify the maritime
community of periods during which
these zones will be enforced via
Broadcast Notice to Mariners in
accordance with 33 CFR 165.7.
(c) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the COTP in the enforcement
of the safety zone.
(d) Regulations. (1) Under the general
regulations in 33 CFR part 165, subpart
C, entry into, transiting or anchoring
within this safety zone is prohibited
unless authorized by the COTP or the
COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
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Safety Zone; Recurring Marine Events,
Sector Key West, Florida
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing moving safety zones for
certain waters within the Sector Key
West Captain of the Port (COTP) Zone
for five annually recurring marine
events. This action is necessary to
provide for the safety of the
participants, participant vessels, and the
general public on the navigable waters
of the United States during these events.
When these safety zones are activated
and subject to enforcement, this rule
would prohibit persons and vessels,
other than those participating in the
event, from entering, transiting through,
anchoring in, or remaining within the
regulated area unless authorized by the
COTP Key West or a designated
representative.
SUMMARY:
DATES:
This rule is effective May 17,
2018.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0159 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rulemaking,
ADDRESSES:
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call or email Lieutenant Scott Ledee,
Waterways Management Division Chief,
Sector Key West, FL, U.S. Coast Guard;
telephone (305) 292–8768, email
SKWWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
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, Purpose, and Legal
Basis
Swim events and marine events are
held on an annual recurring basis on the
navigable waters within the Sector Key
West COTP Zone. In the past, the Coast
Guard has established safety zones for
these annual recurring events on a case
by case basis to ensure the protection of
the maritime public and event
participants from the hazards associated
with these events. This rule will
consistently apprise the public in a
timely manner through permanent
publication in Title 33 of the Code of
Federal Regulations. The Table in this
rule lists each annual recurring event
requiring a regulated area as
administered by the Coast Guard.
By establishing a permanent
regulation containing these annual
recurring marine events, the Coast
Guard would eliminate the need to
establish temporary rules for events that
occur on an annual basis. On May 16,
2017, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Safety Zone; Recurring Marine
Events, Sector Key West, Florida, 82 FR
22448. There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to these recurring marine events. During
the comment period that ended June 15,
2017, we received no comments.
The legal basis and authorities for this
rule is found in 33 U.S.C. 1231.
III. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published May
16, 2017. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM. This rule
establishes five new annually recurring
marine events to 33 CFR 165.786, as
listed in the attached Table to § 165.786.
The Table provides the event name, the
sponsor name, the location of the event,
and the approximate date and time of
each event. The specific times, dates,
regulated areas and enforcement period
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for each event will be provided through
Broadcast Notice to Mariners, a Notice
of Enforcement published in the Federal
Register, and the Local Notice to
Mariners which can be found at the
following link: https://
www.navcen.uscg.gov/?pageName=
lnmDistrict®ion=7.
The safety zones established by this
rule would cover all waters within 50
yards in front of the lead safety vessel
preceding the first event participants, 50
yards behind the safety vessel trailing
the last event participants, and at all
times extend 100 yards on either side of
the safety vessels.
This rule prevents vessels from
transiting areas specifically designated
as safety zones during the periods of
enforcement to ensure the protection of
the maritime public and event
participants from the hazards associated
with the listed annual recurring events.
No vessel or person would be permitted
to enter the safety zone without
obtaining permission from the COTP
Key West or a designated representative.
The regulatory text appears at the end
of this document.
IV. Regulatory Analyses
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.
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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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. 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), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on: (1) The safety zones would
only be enforced during limited time
intervals during the swim and paddle
events; (2) vessels may be authorized to
enter the regulated areas with
permission of the COTP Key West or a
designated representative; and (3)
advanced notification of closures will be
made via Local Notice to Mariners,
Broadcast to Mariners, and through a
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Notice of Enforcement published in the
Federal Register.
D. Federalism and Indian Tribal
Governments
B. Impact on Small Entities
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 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 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 rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zones may be small entities, for the
reasons stated in section IV.A above,
this rule would not have a significant
economic impact on any vessel owner
or operator.
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 rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule would not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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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 rule
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, which guides the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined 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 rule involves the
establishment of safety zones. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add a new § 165.786 to read as
follows:
■
§ 165.786 Safety Zone; recurring marine
events, Sector Key West, Florida.
(a) Regulations. (1) In accordance with
33 CFR 165.23, entering, transiting
through, anchoring in, or remaining
within the safety zones listed in the
Table to § 165.786 during periods of
enforcement is prohibited unless
authorized by the Captain of the Port
(COTP) Sector Key West or a designated
representative.
(2) These regulations will be enforced
for the duration of each event.
Notifications of exacts dates and times
of the enforcement period will be made
to the local maritime community
through the Local Notice to Mariners
and Broadcast Notice to Mariners and
through a Notice of Enforcement in the
Federal Register well in advance of the
events. Mariners should consult the
Federal Register or their Local Notice to
Mariners to remain apprised of schedule
their Local Notice to Mariners to remain
apprised of schedule or event changes.
(3) During periods of enforcement,
upon being hailed by a Coast Guard
vessel by siren, radio, flashing light or
other means, the operator must proceed
as directed.
(4) Vessel operators desiring to enter,
transit through, anchor in, or remain
within the regulated area during the
enforcement period shall contact the
COTP Sector Key West or the designated
on-scene representative via VHF
channel 16 or call the Sector Key West
Command Center at (305) 292–8727 to
obtain permission.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
COTP Key West in the enforcement of
the regulated areas.
(c) The COTP Key West or designated
representative may delay or terminate
any event in this subpart at any time to
ensure safety of life or property. Such
action may be justified as a result of
weather, traffic density, spectator
operation, or participant behavior.
(d) The regulated area for all marine
events listed in Table 1 of § 165.786 is
that area of navigable waters within 50
yards in front of the lead safety vessel
preceding the first event participants, 50
yards behind the safety vessel trailing
the last event participants, and at all
times extend 100 yards on either side of
safety vessels.
TABLE TO § 165.786
[Datum NAD 1983]
4.0
4.1
APRIL
Key West Paddle Board Classic ......................................................
Event Type: Paddle Event.
Sponsor: Lazy Dog Adventure Outfitters.
Dates: A one day event held on the last weekend in April.
Time (Approximate): 9:00 a.m. to 4:00 p.m., daily.
Location(s): Begins at Higgs Beach in Key West, Florida at a point
Latitude 24°32.81′ N, longitude 081°47.20′ W, thence west offshore
of Fort Zach State Park to latitude 24°32.72′ N, longitude 081°48.77′
W, thence north through Key West Harbor to latitude 24°34.10′ N,
longitude 081°48.14′ W, thence east through Fleming Cut to latitude
24°34.42′ N, longitude 081°45.08′ W, south on Cow Key Channel to
latitude 24°33.04′ N, longitude 081°44.98′ W, and thence west to
point of origin at latitude 24°32.81′ N, longitude 081°47.20′ W.
6.0
JUNE
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6.1
FKCC Swim Around Key West ........................................................
Event Type: Swim Event.
Sponsor: Florida Keys Community College.
Dates: A one day event held on a Saturday in June.
Time (Approximate): 7:30 a.m. to 4:00 p.m.
Location(s): Begins at Smathers Beach in Key West, Florida at a point
Latitude 24°33.01′ N, longitude 081°46.47′ W, thence west offshore
of Fort Zach State Park to latitude 24°32.72′ N, longitude 081°48.77′
W, thence north through Key West Harbor to latitude 24°34.10′ N,
longitude 081°48.14′ W, thence east through Fleming Cut to latitude
24°34.42′ N, longitude 081°45.08′ W, south on Cow Key Channel to
latitude 24°33.04′ N, longitude 081°44.98′ W, and thence west to
point of origin at latitude 24°33.01′ N, longitude 081°46.47′ W.
6.2
Annual Swim Around Key West ......................................................
Event Type: Swim Event.
Sponsor: Key West Athletic Association.
Dates: A one day event held on a Saturday in June.
Time (Approximate): 7:30 a.m. to 4:00 p.m.
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16783
TABLE TO § 165.786—Continued
[Datum NAD 1983]
Location(s): Begins at Smathers Beach in Key West, Florida at a point
Latitude 24°33.01′ N, longitude 081°46.47′ W, thence west offshore
of Fort Zach State Park to latitude 24°32.72′ N, longitude 081°48.77′
W, thence north through Key West Harbor to latitude 24°34.10′ N,
longitude 081°48.14′ W, thence east through Fleming Cut to latitude
24°34.42′ N, longitude 081°45.08′ W, south on Cow Key Channel to
latitude 24°33.04′ N, longitude 081°44.98′ W, and thence west to
point of origin at latitude 24°33.01′ N, longitude 081°46.47′ W.
7.0
7.1
JULY
Hemingway Paddle Board Race ......................................................
Event Type: Paddle Event.
Sponsor: Hemingway Sunset Run LLC.
Dates: A one day event held on the 2nd or 3rd Saturday in July.
Time (Approximate): 6:00 p.m. to 7:30 p.m.
Location(s): Begins at Higgs Beach in Key West, Florida at a point
Latitude 24°32.79′ N, longitude 081°47.74′ W, thence east to latitude
24°32.56′ N, longitude 081°47.11′ W, thence east to latitude
24°33.01′ N, longitude 081°46.47′ W, thence west to latitude
24°32.56′ N, longitude 081°47.11′ W, and thence west to point of origin at latitude 24°32.79′ N, longitude 081°47.74′ W.
9.0
9.1
SEPTEMBER
Swim for Alligator Lighthouse ..........................................................
Dated: April 3, 2018.
Jeffrey A. Janszen,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
of the Keesler Air Force Base (KAFB)
located in Biloxi, Mississippi, on behalf
of a request by the United States Air
Force (USAF) 81st Security Forces AntiTerrorism Office. The no anchorage
restricted area will be established by
placing 12 buoys to demarcate the
approximately 10,000 feet of shoreline
east to west and extend approximately
150 feet from the shoreline of the base.
The restricted area is essential to
address a major anti-terrorism and
safety concern due to the lack of
perimeter fencing or physical denial
system.
[FR Doc. 2018–08014 Filed 4–16–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
[COE–2017–0007]
United States Air Force 81st Security
Forces Anti-Terrorism Office,
Restricted Area, Keesler Air Force
Base, Biloxi, Mississippi
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AGENCY:
U.S. Army Corps of Engineers,
DATES:
Effective Date: May 17, 2018.
U.S. Army Corps of
Engineers, Attn: CECW–CO (David
Olson), 441 G Street NW, Washington,
DC 20314–1000.
ADDRESSES:
Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922 or Mr.
Don Mroczko, U.S. Army Corps of
Engineers, Mobile District, at 251–690–
3185.
FOR FURTHER INFORMATION CONTACT:
DoD.
ACTION:
Event Type: Swim Event.
Sponsor: Friends of the Pool.
Dates: A one day event held on the 3rd Saturday in September.
Time (Approximate): 7:30 a.m. to 4:30 p.m.
Location(s) (Primary): Beginning at a point Latitude 24°54.82′ N, longitude 080°38.03′ W, thence to latitude 24°54.36′ N, longitude
080°37.72′ W, thence to latitude 24°51.07′ N, longitude 080°37.14′
W, thence to latitude 24°54.36′ N, longitude 080°37.72′ W, thence to
point of origin at latitude 24°54.82′ N, longitude 080°38.03′ W.
Location(s) (Alternate)1: Beginning at a point Latitude 24°54.82′ N, longitude 080°38.03′ W, thence to latitude 24°53.25′ N, longitude
080°37.04′ W, thence to latitude 24°52.05′ N, longitude 080°38.85′
W, thence to latitude 24°54.36′ N, longitude 080°37.72′ W, thence to
point of origin at latitude 24°54.82′ N, longitude 080°38.03′ W.
Final rule.
The U.S. Army Corps of
Engineers (Corps) is establishing a no
anchorage restricted area within waters
along the Back Bay of Biloxi shoreline
SUMMARY:
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The 81st
Security Forces Anti-Terrorism Office,
KAFB, located in Biloxi, Mississippi is
responsible for United States Air Force
perimeter security at KAFB located in
Biloxi, Mississippi. In accordance with
Department of Defense and Department
of the Air Force guidance, the 81st
Security Forces Anti-Terrorism Office is
responsible for the antiterrorism efforts
and force protection of Department of
the Air Force assets under his or her
charge. In response to a request by the
United States Air Force, and pursuant to
its authorities in Section 7 of the Rivers
and Harbors Act of 1917 (40 Stat. 266;
33 U.S.C. 1) and Chapter XIX of the
Army Appropriations Act of 1919 (40
Stat. 892; 33 U.S.C. 3), the Corps is
amending the regulations in 33 CFR part
334 by establishing a new restricted
area.
The proposed rule was published in
the November 16, 2017, edition of the
Federal Register (82 FR 53440) and the
docket number was COE–2017–0007. In
response to the proposal, four comments
were received. One commenter stated
support for the project. Three agency
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Rules and Regulations]
[Pages 16780-16783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08014]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0159]
RIN 1625-AA00
Safety Zone; Recurring Marine Events, Sector Key West, Florida
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing moving safety zones for
certain waters within the Sector Key West Captain of the Port (COTP)
Zone for five annually recurring marine events. This action is
necessary to provide for the safety of the participants, participant
vessels, and the general public on the navigable waters of the United
States during these events. When these safety zones are activated and
subject to enforcement, this rule would prohibit persons and vessels,
other than those participating in the event, from entering, transiting
through, anchoring in, or remaining within the regulated area unless
authorized by the COTP Key West or a designated representative.
DATES: This rule is effective May 17, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0159 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
rulemaking, call or email Lieutenant Scott Ledee, Waterways Management
Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305)
292-8768, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
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
Swim events and marine events are held on an annual recurring basis
on the navigable waters within the Sector Key West COTP Zone. In the
past, the Coast Guard has established safety zones for these annual
recurring events on a case by case basis to ensure the protection of
the maritime public and event participants from the hazards associated
with these events. This rule will consistently apprise the public in a
timely manner through permanent publication in Title 33 of the Code of
Federal Regulations. The Table in this rule lists each annual recurring
event requiring a regulated area as administered by the Coast Guard.
By establishing a permanent regulation containing these annual
recurring marine events, the Coast Guard would eliminate the need to
establish temporary rules for events that occur on an annual basis. On
May 16, 2017, the Coast Guard published a notice of proposed rulemaking
(NPRM) titled Safety Zone; Recurring Marine Events, Sector Key West,
Florida, 82 FR 22448. There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to these
recurring marine events. During the comment period that ended June 15,
2017, we received no comments.
The legal basis and authorities for this rule is found in 33 U.S.C.
1231.
III. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published May
16, 2017. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM. This rule establishes five new annually
recurring marine events to 33 CFR 165.786, as listed in the attached
Table to Sec. 165.786. The Table provides the event name, the sponsor
name, the location of the event, and the approximate date and time of
each event. The specific times, dates, regulated areas and enforcement
period
[[Page 16781]]
for each event will be provided through Broadcast Notice to Mariners, a
Notice of Enforcement published in the Federal Register, and the Local
Notice to Mariners which can be found at the following link: https://www.navcen.uscg.gov/?pageName=lnmDistrict®ion=7.
The safety zones established by this rule would cover all waters
within 50 yards in front of the lead safety vessel preceding the first
event participants, 50 yards behind the safety vessel trailing the last
event participants, and at all times extend 100 yards on either side of
the safety vessels.
This rule prevents vessels from transiting areas specifically
designated as safety zones during the periods of enforcement to ensure
the protection of the maritime public and event participants from the
hazards associated with the listed annual recurring events. No vessel
or person would be permitted to enter the safety zone without obtaining
permission from the COTP Key West or a designated representative.
The regulatory text appears at the end of this document.
IV. Regulatory Analyses
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on: (1) The safety
zones would only be enforced during limited time intervals during the
swim and paddle events; (2) vessels may be authorized to enter the
regulated areas with permission of the COTP Key West or a designated
representative; and (3) advanced notification of closures will be made
via Local Notice to Mariners, Broadcast to Mariners, and through a
Notice of Enforcement published in the Federal Register.
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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zones may be small entities, for the reasons stated in section
IV.A above, this rule would not have a significant economic impact on
any vessel owner or operator.
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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This 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 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 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 rule has implications for federalism or Indian tribes,
please contact 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 rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, which guides the Coast Guard in complying with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and
have determined 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 rule involves the establishment of safety
zones. It is categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 01. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.
[[Page 16782]]
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
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: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a new Sec. 165.786 to read as follows:
Sec. 165.786 Safety Zone; recurring marine events, Sector Key West,
Florida.
(a) Regulations. (1) In accordance with 33 CFR 165.23, entering,
transiting through, anchoring in, or remaining within the safety zones
listed in the Table to Sec. 165.786 during periods of enforcement is
prohibited unless authorized by the Captain of the Port (COTP) Sector
Key West or a designated representative.
(2) These regulations will be enforced for the duration of each
event. Notifications of exacts dates and times of the enforcement
period will be made to the local maritime community through the Local
Notice to Mariners and Broadcast Notice to Mariners and through a
Notice of Enforcement in the Federal Register well in advance of the
events. Mariners should consult the Federal Register or their Local
Notice to Mariners to remain apprised of schedule their Local Notice to
Mariners to remain apprised of schedule or event changes.
(3) During periods of enforcement, upon being hailed by a Coast
Guard vessel by siren, radio, flashing light or other means, the
operator must proceed as directed.
(4) Vessel operators desiring to enter, transit through, anchor in,
or remain within the regulated area during the enforcement period shall
contact the COTP Sector Key West or the designated on-scene
representative via VHF channel 16 or call the Sector Key West Command
Center at (305) 292-8727 to obtain permission.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the COTP
Key West in the enforcement of the regulated areas.
(c) The COTP Key West or designated representative may delay or
terminate any event in this subpart at any time to ensure safety of
life or property. Such action may be justified as a result of weather,
traffic density, spectator operation, or participant behavior.
(d) The regulated area for all marine events listed in Table 1 of
Sec. 165.786 is that area of navigable waters within 50 yards in front
of the lead safety vessel preceding the first event participants, 50
yards behind the safety vessel trailing the last event participants,
and at all times extend 100 yards on either side of safety vessels.
Table to Sec. 165.786
[Datum NAD 1983]
------------------------------------------------------------------------
------------------------------------------------------------------------
4.0 APRIL
------------------------------------------------------------------------
4.1 Key West Paddle Board Classic...... Event Type: Paddle Event.
Sponsor: Lazy Dog Adventure
Outfitters.
Dates: A one day event held on
the last weekend in April.
Time (Approximate): 9:00 a.m.
to 4:00 p.m., daily.
Location(s): Begins at Higgs
Beach in Key West, Florida at
a point Latitude 24[deg]32.81'
N, longitude 081[deg]47.20' W,
thence west offshore of Fort
Zach State Park to latitude
24[deg]32.72' N, longitude
081[deg]48.77' W, thence north
through Key West Harbor to
latitude 24[deg]34.10' N,
longitude 081[deg]48.14' W,
thence east through Fleming
Cut to latitude 24[deg]34.42'
N, longitude 081[deg]45.08' W,
south on Cow Key Channel to
latitude 24[deg]33.04' N,
longitude 081[deg]44.98' W,
and thence west to point of
origin at latitude
24[deg]32.81' N, longitude
081[deg]47.20' W.
------------------------------------------------------------------------
6.0 JUNE
------------------------------------------------------------------------
6.1 FKCC Swim Around Key West.......... Event Type: Swim Event.
Sponsor: Florida Keys Community
College.
Dates: A one day event held on
a Saturday in June.
Time (Approximate): 7:30 a.m.
to 4:00 p.m.
Location(s): Begins at Smathers
Beach in Key West, Florida at
a point Latitude 24[deg]33.01'
N, longitude 081[deg]46.47' W,
thence west offshore of Fort
Zach State Park to latitude
24[deg]32.72' N, longitude
081[deg]48.77' W, thence north
through Key West Harbor to
latitude 24[deg]34.10' N,
longitude 081[deg]48.14' W,
thence east through Fleming
Cut to latitude 24[deg]34.42'
N, longitude 081[deg]45.08' W,
south on Cow Key Channel to
latitude 24[deg]33.04' N,
longitude 081[deg]44.98' W,
and thence west to point of
origin at latitude
24[deg]33.01' N, longitude
081[deg]46.47' W.
------------------------------------------------------------------------
6.2 Annual Swim Around Key West........ Event Type: Swim Event.
Sponsor: Key West Athletic
Association.
Dates: A one day event held on
a Saturday in June.
Time (Approximate): 7:30 a.m.
to 4:00 p.m.
[[Page 16783]]
Location(s): Begins at Smathers
Beach in Key West, Florida at
a point Latitude 24[deg]33.01'
N, longitude 081[deg]46.47' W,
thence west offshore of Fort
Zach State Park to latitude
24[deg]32.72' N, longitude
081[deg]48.77' W, thence north
through Key West Harbor to
latitude 24[deg]34.10' N,
longitude 081[deg]48.14' W,
thence east through Fleming
Cut to latitude 24[deg]34.42'
N, longitude 081[deg]45.08' W,
south on Cow Key Channel to
latitude 24[deg]33.04' N,
longitude 081[deg]44.98' W,
and thence west to point of
origin at latitude
24[deg]33.01' N, longitude
081[deg]46.47' W.
------------------------------------------------------------------------
7.0 JULY
------------------------------------------------------------------------
7.1 Hemingway Paddle Board Race........ Event Type: Paddle Event.
Sponsor: Hemingway Sunset Run
LLC.
Dates: A one day event held on
the 2nd or 3rd Saturday in
July.
Time (Approximate): 6:00 p.m.
to 7:30 p.m.
Location(s): Begins at Higgs
Beach in Key West, Florida at
a point Latitude 24[deg]32.79'
N, longitude 081[deg]47.74' W,
thence east to latitude
24[deg]32.56' N, longitude
081[deg]47.11' W, thence east
to latitude 24[deg]33.01' N,
longitude 081[deg]46.47' W,
thence west to latitude
24[deg]32.56' N, longitude
081[deg]47.11' W, and thence
west to point of origin at
latitude 24[deg]32.79' N,
longitude 081[deg]47.74' W.
------------------------------------------------------------------------
9.0 SEPTEMBER
------------------------------------------------------------------------
9.1 Swim for Alligator Lighthouse...... Event Type: Swim Event.
Sponsor: Friends of the Pool.
Dates: A one day event held on
the 3rd Saturday in September.
Time (Approximate): 7:30 a.m.
to 4:30 p.m.
Location(s) (Primary):
Beginning at a point Latitude
24[deg]54.82' N, longitude
080[deg]38.03' W, thence to
latitude 24[deg]54.36' N,
longitude 080[deg]37.72' W,
thence to latitude
24[deg]51.07' N, longitude
080[deg]37.14' W, thence to
latitude 24[deg]54.36' N,
longitude 080[deg]37.72' W,
thence to point of origin at
latitude 24[deg]54.82' N,
longitude 080[deg]38.03' W.
Location(s) (Alternate)\1\:
Beginning at a point Latitude
24[deg]54.82' N, longitude
080[deg]38.03' W, thence to
latitude 24[deg]53.25' N,
longitude 080[deg]37.04' W,
thence to latitude
24[deg]52.05' N, longitude
080[deg]38.85' W, thence to
latitude 24[deg]54.36' N,
longitude 080[deg]37.72' W,
thence to point of origin at
latitude 24[deg]54.82' N,
longitude 080[deg]38.03' W.
------------------------------------------------------------------------
Dated: April 3, 2018.
Jeffrey A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2018-08014 Filed 4-16-18; 8:45 am]
BILLING CODE 9110-04-P
