Special Local Regulation; Atlantic Ocean, Key West, FL, 58320-58322 [2019-23808]

Download as PDF 58320 Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations That airspace within a 5-mile radius of the Huntsville International-Carl T. Jones Field extending upward from the surface to and including 4,600 feet MSL, excluding that airspace within a 1-mile radius of the Redstone AAF; and that airspace within a 10mile radius of the airport from the 015° bearing from the airport clockwise to the 145° bearing from the airport extending upward from 2,400 feet MSL to and including 4,600 feet MSL; and that airspace within a 10-mile radius of the airport from the 145° bearing from the airport clockwise to the 015° bearing from the airport extending upward from 2,000 feet MSL to and including 4,600 feet MSL. All airspace contained within Restricted Areas R–2104A, R–2104B, and R– 2104C is excluded from this Class C airspace area when they are active. This Class C airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Chart Supplement. Issued in Washington, DC, on October 21, 2019. Scott M. Rosenbloom, Acting Manager, Rules and Regulations Group. [FR Doc. 2019–23398 Filed 10–30–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2019–0631] RIN 1625–AA08 Special Local Regulation; Atlantic Ocean, Key West, FL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary special local regulation for power boat races. This action is necessary to ensure safety of life on navigable waters on the waters of the Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor Entrance in Key West, FL. This regulation prohibits persons and vessels from entering, transiting through, anchoring in, or remaining within the regulated area without permission from the Captain of the Port Key West or a designated representative. DATES: This rule is effective from 9:30 a.m. until 4:30 p.m. each day on November 6, 8, and 10, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0631 in the ‘‘SEARCH’’ box and click khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:08 Oct 30, 2019 Jkt 250001 ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Ensign Vera Max, Sector Key West Waterways Management Division, Coast Guard; telephone (305) 292–8768, email SKWWaterways@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port 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 On May 20, 2019, Race World Offshore notified the Coast Guard that it would be conducting high speed boat races from 9:30 a.m. until 4:30 p.m. each day on November 6, 8, and 10, 2019. Approximately 50 participants and 200 spectator craft are expected to attend the event, which will take place in the Atlantic Ocean, off the tip of Key West, Florida, on the waters of the Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor Entrance in Key West, FL. In response, on August 6, 2019, the Coast Guard published a notice of proposed rulemaking (NPRM) titled, ‘‘Special Local Regulation; Atlantic Ocean, Key West, FL’’ (84 FR 38148). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this power boat race event. During the comment period that ended September 5, 2019, we received one supporting comment. Another sponsor intends to conduct a high-speed boat race on the same dates and times as the Race World Offshore’s event. The other sponsor has an existing waterway closure already listed in the regulations at 33 CFR 100.701, Table to § 100.701(c)(4). Regardless of which sponsor’s event or events are conducted, the regulated area will be the same, as both events have nearly identical race courses. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. This rule has already been released for public comments, which are addressed in Section IV. Delaying the effective date of this rule would be impracticable because the event is taking place on November 6, 8, and 10, 2019, and immediate action is needed to PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 respond to the potential safety hazards associated with this event. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041 (previously 33 U.S.C. 1233). The Captain of the Port Key West (COTP) has determined that the potential hazards associated with the high-speed boat race would be a safety concern for the participants, participant vessels, and the general public. The purpose of this rule is to protect event participants, spectators, and vessels on the navigable waters of the Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor Entrance before, during, and after the scheduled event. IV. Discussion of Comments, Changes, and the Rule As noted above, we received one comment in support of our NPRM, which published on August 6, 2019. There is one change in the regulatory text from the regulatory text in the NPRM. The sponsor’s event title is removed due to the uncertainty of which entity will be responsible for the races. The races will be held in the same location, on the same dates, at the same time, regardless of which sponsor is responsible. All other particulars for the event are the same. This rule establishes a temporary special local regulation from 9:30 a.m. until 4:30 p.m. on November 6, 8, and 10, 2019. The temporary special local regulation consists of two regulated areas: (1) Race and safety buffer are, and (2) spectator area. These areas prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within the race area or buffer zone and prohibit vessels from transiting at speeds that cause wake within the spectator area, unless authorized by the COTP Key West or a designated representative. The temporary special local regulation covers all navigable waters in the Atlantic Ocean, off the tip of Key West, Florida, on the waters of the Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor Entrance. V. 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 E:\FR\FM\31OCR1.SGM 31OCR1 Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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 the location, duration, and time-of-day of the regulated area. Although persons and vessels may not enter, transit through, anchor in, or remain within the area without authorization from the COTP or a designated representative, they will be able to safely transit around the area. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF– FM marine channel 16 about the area, and the rule will allow vessels to seek permission to enter the area between race heats. 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 regulated area may be small entities, for the reasons stated in section V.A above, this rule will 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 call or email the person listed in the FOR FURTHER INFORMATION CONTACT section. VerDate Sep<11>2014 16:08 Oct 30, 2019 Jkt 250001 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 will 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 does 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 call or email 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 will not result in such an expenditure, PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 58321 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 and Environmental Planning COMDTINST 5090.1 (series), which guide 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 a temporary special local regulation lasting 7 hours on 3 days that will prohibit entry into the race area or buffer zone, and prohibit vessels from transiting at speeds that cause wake within the spectator area. It is categorically excluded from further review under paragraph L61 in Table 3– 1 of U.S. Coast Guard Environmental Planning Implementing Procedures. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email 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 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add a temporary § 100.T799–0631 to read as follows: ■ § 100.T799–0631 Special Local Regulation; Power Boat Races, Key West, FL. (a) Locations. The following regulated areas are established as special local regulations. All coordinates are North American Datum 1983. (1) Race and Safety Buffer Area. Waters of the Atlantic Ocean of Key E:\FR\FM\31OCR1.SGM 31OCR1 khammond on DSKJM1Z7X2PROD with RULES 58322 Federal Register / Vol. 84, No. 211 / Thursday, October 31, 2019 / Rules and Regulations West, FL that are encompassed within the following points: Starting at Point 1 in position 24°32.506′ N, 81°49.984′ W; thence southwest to Point 2 in position 24°32.455′ N, 81°49.040′ W; thence northwest to Point 3 in position 24°32.559′ N, 81°49.584′ W; thence northwest to Point 4 in position 24°32.608′ N, 81°49.628′ W; thence northwest to Point 5 in position 24°33.095′ N, 81°49.265′ W; thence northeast to Point 6 in position 24°33.518′ N, 81°48.902′ W; thence northeast to Point 7 in position 24°33.908′ N, 81°48.448′ W; thence east to Point 8 in position 24°33.898′ N, 81°48.364′ W; thence southeast back to origin. (2) Spectator Area. All waters of the Atlantic Ocean in Key West, FL that are encompassed within the following points: Starting at Point 1 in position 24°33.123′ N, 81°49.290′ W; thence northeast to Point 2 in position 24°33.545′ N, 81°48.923′ W; thence east to Point 3 in position 24°33.518′ N, 81°48.902′ W thence southwest to point 4 in position 24°33.095′ N, 81°49.265′ W thence west back to origin. (b) Definition. As used in this section, the term ‘‘designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Key West in the enforcement of the safety zone. (c) Regulations. (1) All nonparticipant persons and vessels, except those persons and vessels participating in the high-speed boat races, are prohibited from entering, transiting through, anchoring in, or remaining within the regulated areas described in paragraph (a) of this section unless authorized by the Captain of the Port Key West or their designated representative. (2) All persons are prohibited from entering the water or swimming in the spectator area described in paragraph (a)(2) of this section. (3) All vessels are prohibited from transiting at speeds that cause wake within the spectator area described in paragraph (a)(2) of this section. (4) To seek permission to enter, contact the Captain of the Port Key West or a designated representative by telephone at (305) 433–0954, or via VHF radio on channel 16. If authorization is granted by the Captain of the Port Key West or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Key West or a designated representative VerDate Sep<11>2014 16:08 Oct 30, 2019 Jkt 250001 (5) The Coast Guard will provide notice of the regulated area by Broadcast Notice to Mariners and on-scene designated representatives. (d) Enforcement Period. This section will be enforced from 9:30 a.m. until 4:30 p.m. on November 6, 8, and 10, 2019. Dated: October 17, 2019. A. Chamie, Captain, U.S. Coast Guard, Captain of the Port Key West. [FR Doc. 2019–23808 Filed 10–30–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2019–0561] RIN 1625–AA09 Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Stuart, FL Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is removing the existing drawbridge operation regulation for the Jensen Beach (SR707a) Bridge across the Atlantic Intracoastal Waterway, mile 981.4, at Stuart, FL. The drawbridge was converted to a fixed bridge in 2005. The operating regulation is no longer applicable or necessary. DATES: This rule is effective October 31, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov. Type USCG– 2019–0561 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Ms. Jennifer Zercher, Bridge Administration Branch, United States Coast Guard District Seven; telephone 305–415–6740, email jennifer.n.zercher@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register OMB Office of Management and Budget NPRM Notice of Proposed Rulemaking (Advance, Supplemental) § Section U.S.C. United States Code PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 II. Background Information and Regulatory History The Coast Guard is issuing this final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). 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. 553(b), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because Jensen Beach (SR707a) Bridge was converted to a fixed bridge in 2005 and no longer requires the draw operations in 33 CFR 117.261(o). Therefore, the regulation is no longer applicable and shall be removed from publication. It is unnecessary to publish an NPRM because this regulatory action does not purport to place any restrictions on mariners but rather removes a restriction that has no further use or value. We are issuing this rule under 5 U.S.C. 553(d)(3). The Coast Guard finds that good cause exists for making this rule effective in less than 30 days after publication in the Federal Register. The bridge was removed from the waterway 14 years ago and this rule merely requires an administrative change to the Federal Register in order to omit a regulatory requirement that is no longer applicable or necessary. The modification has already taken place and the removal of the regulation will not affect mariners currently operating on this waterway. Therefore, a delayed effective date is unnecessary. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority of The Bridge Act of 1894, 33 U.S.C. 499. The Jensen Beach (SR707a) Bridge was converted to a fixed bridge in 2005. The regulation for the previously existing drawbridge was not removed subsequent to the bridge’s conversion to a fixed bridge. The conversion of this bridge necessitates the removal of the drawbridge operation regulation, 33 CFR 117.261(o), because this drawbridge regulation governs a bridge that is no longer able to be opened. IV. Discussion of Final Rule The Coast Guard is changing the regulation in 33 CFR 117.261 by removing restrictions and the regulatory burden related to draw operations for a E:\FR\FM\31OCR1.SGM 31OCR1

Agencies

[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Rules and Regulations]
[Pages 58320-58322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23808]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0631]
RIN 1625-AA08


Special Local Regulation; Atlantic Ocean, Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for power boat races. This action is necessary to ensure 
safety of life on navigable waters on the waters of the Key West Main 
Ship Channel, Key West Turning Basin, and Key West Harbor Entrance in 
Key West, FL. This regulation prohibits persons and vessels from 
entering, transiting through, anchoring in, or remaining within the 
regulated area without permission from the Captain of the Port Key West 
or a designated representative.

DATES: This rule is effective from 9:30 a.m. until 4:30 p.m. each day 
on November 6, 8, and 10, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0631 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 rule, 
call or email Ensign Vera Max, Sector Key West Waterways Management 
Division, Coast Guard; telephone (305) 292-8768, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 20, 2019, Race World Offshore notified the Coast Guard that 
it would be conducting high speed boat races from 9:30 a.m. until 4:30 
p.m. each day on November 6, 8, and 10, 2019. Approximately 50 
participants and 200 spectator craft are expected to attend the event, 
which will take place in the Atlantic Ocean, off the tip of Key West, 
Florida, on the waters of the Key West Main Ship Channel, Key West 
Turning Basin, and Key West Harbor Entrance in Key West, FL. In 
response, on August 6, 2019, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled, ``Special Local Regulation; Atlantic 
Ocean, Key West, FL'' (84 FR 38148). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this power boat race event. During the comment period that ended 
September 5, 2019, we received one supporting comment.
    Another sponsor intends to conduct a high-speed boat race on the 
same dates and times as the Race World Offshore's event. The other 
sponsor has an existing waterway closure already listed in the 
regulations at 33 CFR 100.701, Table to Sec.  100.701(c)(4). Regardless 
of which sponsor's event or events are conducted, the regulated area 
will be the same, as both events have nearly identical race courses.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This rule has already been 
released for public comments, which are addressed in Section IV. 
Delaying the effective date of this rule would be impracticable because 
the event is taking place on November 6, 8, and 10, 2019, and immediate 
action is needed to respond to the potential safety hazards associated 
with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041 (previously 33 U.S.C. 1233). The Captain of the Port Key West 
(COTP) has determined that the potential hazards associated with the 
high-speed boat race would be a safety concern for the participants, 
participant vessels, and the general public. The purpose of this rule 
is to protect event participants, spectators, and vessels on the 
navigable waters of the Key West Main Ship Channel, Key West Turning 
Basin, and Key West Harbor Entrance before, during, and after the 
scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment in support of our NPRM, 
which published on August 6, 2019. There is one change in the 
regulatory text from the regulatory text in the NPRM. The sponsor's 
event title is removed due to the uncertainty of which entity will be 
responsible for the races. The races will be held in the same location, 
on the same dates, at the same time, regardless of which sponsor is 
responsible. All other particulars for the event are the same.
    This rule establishes a temporary special local regulation from 
9:30 a.m. until 4:30 p.m. on November 6, 8, and 10, 2019. The temporary 
special local regulation consists of two regulated areas: (1) Race and 
safety buffer are, and (2) spectator area. These areas prohibit persons 
and vessels from entering, transiting through, anchoring in, or 
remaining within the race area or buffer zone and prohibit vessels from 
transiting at speeds that cause wake within the spectator area, unless 
authorized by the COTP Key West or a designated representative. The 
temporary special local regulation covers all navigable waters in the 
Atlantic Ocean, off the tip of Key West, Florida, on the waters of the 
Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor 
Entrance.

V. 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

[[Page 58321]]

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 the location, 
duration, and time-of-day of the regulated area. Although persons and 
vessels may not enter, transit through, anchor in, or remain within the 
area without authorization from the COTP or a designated 
representative, they will be able to safely transit around the area. 
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the area, and the rule will allow 
vessels to seek permission to enter the area between race heats.

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 
regulated area may be small entities, for the reasons stated in section 
V.A above, this rule will 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 
call or email 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 will 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 does 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 call or email 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 will 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 and Environmental Planning COMDTINST 5090.1 (series), 
which guide 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 a temporary special local regulation 
lasting 7 hours on 3 days that will prohibit entry into the race area 
or buffer zone, and prohibit vessels from transiting at speeds that 
cause wake within the spectator area. It is categorically excluded from 
further review under paragraph L61 in Table 3-1 of U.S. Coast Guard 
Environmental Planning Implementing Procedures. A Record of 
Environmental Consideration supporting this determination is available 
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add a temporary Sec.  100.T799-0631 to read as follows:


Sec.  100.T799-0631   Special Local Regulation; Power Boat Races, Key 
West, FL.

    (a) Locations. The following regulated areas are established as 
special local regulations. All coordinates are North American Datum 
1983.
    (1) Race and Safety Buffer Area. Waters of the Atlantic Ocean of 
Key

[[Page 58322]]

West, FL that are encompassed within the following points: Starting at 
Point 1 in position 24[deg]32.506' N, 81[deg]49.984' W; thence 
southwest to Point 2 in position 24[deg]32.455' N, 81[deg]49.040' W; 
thence northwest to Point 3 in position 24[deg]32.559' N, 
81[deg]49.584' W; thence northwest to Point 4 in position 
24[deg]32.608' N, 81[deg]49.628' W; thence northwest to Point 5 in 
position 24[deg]33.095' N, 81[deg]49.265' W; thence northeast to Point 
6 in position 24[deg]33.518' N, 81[deg]48.902' W; thence northeast to 
Point 7 in position 24[deg]33.908' N, 81[deg]48.448' W; thence east to 
Point 8 in position 24[deg]33.898' N, 81[deg]48.364' W; thence 
southeast back to origin.
    (2) Spectator Area. All waters of the Atlantic Ocean in Key West, 
FL that are encompassed within the following points: Starting at Point 
1 in position 24[deg]33.123' N, 81[deg]49.290' W; thence northeast to 
Point 2 in position 24[deg]33.545' N, 81[deg]48.923' W; thence east to 
Point 3 in position 24[deg]33.518' N, 81[deg]48.902' W thence southwest 
to point 4 in position 24[deg]33.095' N, 81[deg]49.265' W thence west 
back to origin.
    (b) Definition. As used in this section, the term ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port Key West in the enforcement of the 
safety zone.
    (c) Regulations. (1) All non-participant persons and vessels, 
except those persons and vessels participating in the high-speed boat 
races, are prohibited from entering, transiting through, anchoring in, 
or remaining within the regulated areas described in paragraph (a) of 
this section unless authorized by the Captain of the Port Key West or 
their designated representative.
    (2) All persons are prohibited from entering the water or swimming 
in the spectator area described in paragraph (a)(2) of this section.
    (3) All vessels are prohibited from transiting at speeds that cause 
wake within the spectator area described in paragraph (a)(2) of this 
section.
    (4) To seek permission to enter, contact the Captain of the Port 
Key West or a designated representative by telephone at (305) 433-0954, 
or via VHF radio on channel 16. If authorization is granted by the 
Captain of the Port Key West or a designated representative, all 
persons and vessels receiving such authorization must comply with the 
instructions of the Captain of the Port Key West or a designated 
representative
    (5) The Coast Guard will provide notice of the regulated area by 
Broadcast Notice to Mariners and on-scene designated representatives.
    (d) Enforcement Period. This section will be enforced from 9:30 
a.m. until 4:30 p.m. on November 6, 8, and 10, 2019.

    Dated: October 17, 2019.
A. Chamie,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2019-23808 Filed 10-30-19; 8:45 am]
 BILLING CODE 9110-04-P
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