Safety Zone; Swim for Alligator Lighthouse, Islamorada, FL, 45648-45650 [2021-17481]
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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
This notice of enforcement is issued
under authority of 33 CFR 165.929,
Safety Zones; Annual events requiring
safety zones in the Captain of the Port
Lake Michigan zone, and 5 U.S.C.
552(a). In addition to this publication in
the Federal Register, the Coast Guard
will provide the maritime community
with advance notification of this
enforcement period via Broadcast
Notice to Mariners and Local Notice to
Mariners. The Captain of the Port Lake
Michigan or a designated on-scene
representative may be contacted via
VHF Channel 16 or (414) 747–7182.
Dated: August 10, 2021.
Donald P. Montoro,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0553]
RIN 1625–AA00
Safety Zone; Swim for Alligator
Lighthouse, Islamorada, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
certain navigable waters near
Islamorada, Florida, during the Swim
for Alligator Lighthouse open water
swim event. A permanent safety zone
exists for this event; however, for this
year’s event the date has changed. This
temporary safety zone is a short-term
modification of the existing permanent
safety zone, due to a change in the date
for this year’s event. The safety zone is
necessary to ensure the safety of event
participants and spectators. Persons and
non-participant vessels are prohibited
from entering, transiting through,
anchoring in, or remaining within the
safety zone unless authorized by the
Captain of the Port (COTP) Key West or
a designated representative.
DATES: This rule is effective from 7:30
a.m. until 4 p.m. on September 11, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0553 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
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SUMMARY:
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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 Information and
Regulatory History
[FR Doc. 2021–17422 Filed 8–13–21; 8:45 am]
ACTION:
If
you have questions on this rule, call or
email Ensign Vera Max, Waterways
Management Division Chief, Sector Key
West, FL, U.S. Coast Guard; telephone
(305) 292–8768; e-mail
SKWWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
The Coast Guard is issuing this
temporary 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)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable and contrary to the public
interest. The Coast Guard did not
receive necessary information from the
event sponsor for this year’s event until
July 10, 2021. The Coast Guard has an
existing safety zone for this event in 33
CFR 165.786, Table to § 165.786, Line
No. 9.1; however, the existing regulation
only covers the event when it is
scheduled on the third Saturday of
September.
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. Delaying the effective date of
this rule would be impracticable
because the event is taking place on
September 11, 2021, and immediate
action is needed to respond to the
potential safety hazards associated with
this event.
general public, vessels and the marine
environment in the navigable waters
within the safety zone during the Swim
for Alligator Lighthouse open water
swim event.
IV. Discussion of the Rule
This rule establishes a safety zone on
September 11, 2021, for a period of 9
hours, from 7:30 a.m. to 4 p.m. The
safety zone will cover all waters of the
Atlantic Ocean 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.
The event course begins and ends at
Amara Cay Resort in Islamorada,
Florida, and extends through Hawks
Channel, with a turnaround at Alligator
Reef Lighthouse. Approximately 400
swimmers with kayak escorts and eight
safety vessels are anticipated to
participate in the event. The size and
duration of the zone is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters during the open water swim.
Persons and non-participant vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone without obtaining
permission from the COTP Key West or
a designated representative. If
authorization to enter, transit through,
anchor in, or remain within the safety
zone is granted by the COTP Key West
or a designated representative, all
persons and vessels receiving such
authorization must comply with the
instructions of the COTP Key West or a
designated representative. The Coast
Guard will provide notice of the safety
zone by Local Notice to Mariners,
Broadcast Notice to Mariners, or by onscene designated representatives.
III. Legal Authority and Need for Rule
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.
The Coast Guard is issuing this rule
under the authority in 46 U.S.C. 70034.
The Captain of the Port Key West
(COTP) has determined that potential
hazards associated with open water
swim events will be a safety concern for
persons and vessels in the regulated
area. This rule is needed to ensure the
safety of the event participants, the
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
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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
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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 size, location, duration
and available exceptions to the
enforcement of the safety zone. The
regulated area will impact small
designated areas of the Atlantic Ocean
between Islamorada, Florida, and the
Alligator Reef Lighthouse for only 9
hours and thus is limited in time and
scope. Furthermore, the rule will allow
vessels to seek permission to enter the
zone. Non-participant persons and
vessels may enter, transit through,
anchor in, or remain within the
regulated area during the enforcement
periods if authorized by the COTP or a
designated representative. Vessels not
able to enter, transit through, anchor in,
or remain within the regulated area
without authorization from the COTP or
a designated representative may operate
in the surrounding areas during the 9
hour enforcement period. The Coast
Guard will issue a Local Notice to
Mariners and a Broadcast Notice to
Mariners, allowing mariners to make
alternative plans or seek permission to
transit the zone.
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 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
zone 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
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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 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
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
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45649
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such 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. The regulated area will
impact small designated areas of the
Atlantic Ocean between Islamorada,
Florida and the Alligator Reef
Lighthouse for only 9 hours and thus is
limited in time and scope. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
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: 46 U.S.C. 70034; 46 U.S.C.
70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland Security
Delegation No. 0170.1.
2. Add § 165.T07–0553 to read as
follows:
■
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45650
Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations
§ 165.T07–0553 Safety Zone; Swim for
Alligator Lighthouse, Islamorada, FL.
DEPARTMENT OF HOMELAND
SECURITY
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(a) Location. The following regulated
area is a safety zone: All waters of the
Atlantic Ocean 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.
The event course begins and ends at
Amara Cay Resort in Islamorada,
Florida, extending through Hawks
Channel with a turnaround point at
Alligator Reef Lighthouse. All
coordinates are North American Datum
1983.
(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 (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the COTP Key
West or a designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the COTP Key West by
telephone at (305) 292–8772, or a
designated representative via VHF–FM
radio on channel 16 to request
authorization. If authorization is
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP Key West or a designated
representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners via VHF–FM channel 16, or
the COTP’s designated representative.
(d) Enforcement period. This rule will
be enforced from 7:30 a.m. until 4 p.m.
on September 11, 2021.
Dated: August 10, 2021.
A. Chamie,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2021–17481 Filed 8–13–21; 8:45 am]
BILLING CODE 9110–04–P
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Coast Guard
33 CFR Part 165
[Docket No. USCG- 2021–0662]
Safety Zone; San Francisco Giants
Fireworks Display, San Francisco Bay,
San Francisco, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
the safety zone for the San Francisco
Giants Fireworks Display in the Captain
of the Port, San Francisco area of
responsibility during the dates and
times noted below. This action is
necessary to protect life and property of
the maritime public from the hazards
associated with the fireworks display.
During the enforcement period,
unauthorized persons or vessels are
prohibited from entering into, transiting
through, or remaining in the safety zone,
unless authorized by the Patrol
Commander (PATCOM), any Official
Patrol displaying a Coast Guard ensign,
or other federal, state, or local law
enforcement agencies on scene to assist
the Coast Guard in enforcing the
regulated area.
DATES: The regulations in 33 CFR
165.1191 for the location in Table 1 to
§ 165.1191, Item number 1, will be
enforced from 10 a.m. until 11:30 p.m.
on August 13, 2021.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant Anthony Solares,
Waterways Management, U.S. Coast
Guard Sector San Francisco; telephone
(415) 399–3585, email SFWaterways@
uscg.mil.
SUMMARY:
The Coast
Guard will enforce the safety zone in 33
CFR 165.1191, Table 1, Item number 1,
for the San Francisco Giants Fireworks
Display from 10 a.m. until 11:30 p.m. on
August 13, 2021. The safety zone will
extend to all navigable waters of the San
Francisco Bay, from surface to bottom,
within a circle formed by connecting all
points 100 feet out from the fireworks
barge during the loading, transit, and
arrival of the fireworks barge from the
loading location to the display location
and until the start of the fireworks
display. From 10 a.m. until 8 p.m. on
August 13, 2021, the fireworks barge
will be loading pyrotechnics from Pier
50 in San Francisco, CA. The fireworks
SUPPLEMENTARY INFORMATION:
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barge will remain at the loading location
until its transit to the display location.
From 8:30 p.m. to 8:45 p.m. on August
13, 2021 the loaded fireworks barge will
transit from Pier 50 to the launch site
near Pier 48 in approximate position
37°46′36″ N, 122°22′56″ W (NAD 83)
where it will remain until the
conclusion of the fireworks display.
Upon the commencement of the 10
minute fireworks display, scheduled to
begin at the conclusion of the baseball
game, between approximately 9:30 p.m.
and 10:30 p.m. on August 13, 2021, the
safety zone will increase in size and
encompass all navigable waters of the
San Francisco Bay, from surface to
bottom, within a circle formed by
connecting all points 700 feet out from
the fireworks barge near Pier 48 in
approximate position 37°46′36″ N,
122°22′56″ W (NAD 83). This safety
zone will be in enforced from 10 a.m.
until 11:30 p.m. on August 13, 2021, or
as announced via Broadcast Notice to
Mariners.
Under the provisions of 33 CFR
165.1191, unauthorized persons or
vessels are prohibited from entering
into, transiting through, or anchoring in
the safety zone during all applicable
effective dates and times, unless
authorized to do so by the PATCOM or
other Official Patrol, defined as a
federal, state, or local law enforcement
agency on scene to assist the Coast
Guard in enforcing the safety zone.
During the enforcement period, if you
are the operator of a vessel in one of the
safety zones you must comply
directions from the Patrol Commander
or other Official Patrol. The PATCOM or
Official Patrol may, upon request allow
the transit of commercial vessels
through regulated areas when it is safe
to do so.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners.
If the Captain of the Port determines
that the regulated area need not be
enforced for the full duration stated in
this notice, a Broadcast Notice to
Mariners may be used to grant general
permission to enter the regulated area.
Dated: August 11, 2021.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2021–17521 Filed 8–11–21; 4:15 pm]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 86, Number 155 (Monday, August 16, 2021)]
[Rules and Regulations]
[Pages 45648-45650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17481]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0553]
RIN 1625-AA00
Safety Zone; Swim for Alligator Lighthouse, Islamorada, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
certain navigable waters near Islamorada, Florida, during the Swim for
Alligator Lighthouse open water swim event. A permanent safety zone
exists for this event; however, for this year's event the date has
changed. This temporary safety zone is a short-term modification of the
existing permanent safety zone, due to a change in the date for this
year's event. The safety zone is necessary to ensure the safety of
event participants and spectators. Persons and non-participant vessels
are prohibited from entering, transiting through, anchoring in, or
remaining within the safety zone unless authorized by the Captain of
the Port (COTP) Key West or a designated representative.
DATES: This rule is effective from 7:30 a.m. until 4 p.m. on September
11, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0553 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, Waterways Management Division Chief,
Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768; e-mail
[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 Information and Regulatory History
The Coast Guard is issuing this temporary 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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
the public interest. The Coast Guard did not receive necessary
information from the event sponsor for this year's event until July 10,
2021. The Coast Guard has an existing safety zone for this event in 33
CFR 165.786, Table to Sec. 165.786, Line No. 9.1; however, the
existing regulation only covers the event when it is scheduled on the
third Saturday of September.
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. Delaying the effective date of
this rule would be impracticable because the event is taking place on
September 11, 2021, 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 the authority in 46
U.S.C. 70034. The Captain of the Port Key West (COTP) has determined
that potential hazards associated with open water swim events will be a
safety concern for persons and vessels in the regulated area. This rule
is needed to ensure the safety of the event participants, the general
public, vessels and the marine environment in the navigable waters
within the safety zone during the Swim for Alligator Lighthouse open
water swim event.
IV. Discussion of the Rule
This rule establishes a safety zone on September 11, 2021, for a
period of 9 hours, from 7:30 a.m. to 4 p.m. The safety zone will cover
all waters of the Atlantic Ocean 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. The event
course begins and ends at Amara Cay Resort in Islamorada, Florida, and
extends through Hawks Channel, with a turnaround at Alligator Reef
Lighthouse. Approximately 400 swimmers with kayak escorts and eight
safety vessels are anticipated to participate in the event. The size
and duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters during the open water
swim. Persons and non-participant vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
without obtaining permission from the COTP Key West or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the COTP Key West or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP Key West or
a designated representative. The Coast Guard will provide notice of the
safety zone by Local Notice to Mariners, Broadcast Notice to Mariners,
or by on-scene designated representatives.
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 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
[[Page 45649]]
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 size,
location, duration and available exceptions to the enforcement of the
safety zone. The regulated area will impact small designated areas of
the Atlantic Ocean between Islamorada, Florida, and the Alligator Reef
Lighthouse for only 9 hours and thus is limited in time and scope.
Furthermore, the rule will allow vessels to seek permission to enter
the zone. Non-participant persons and vessels may enter, transit
through, anchor in, or remain within the regulated area during the
enforcement periods if authorized by the COTP or a designated
representative. Vessels not able to enter, transit through, anchor in,
or remain within the regulated area without authorization from the COTP
or a designated representative may operate in the surrounding areas
during the 9 hour enforcement period. The Coast Guard will issue a
Local Notice to Mariners and a Broadcast Notice to Mariners, allowing
mariners to make alternative plans or seek permission to transit the
zone.
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 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 zone 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
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 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 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 will not result in
such 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. The regulated area will impact small designated areas of
the Atlantic Ocean between Islamorada, Florida and the Alligator Reef
Lighthouse for only 9 hours and thus is limited in time and scope. It
is categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01. A Record
of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
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: 46 U.S.C. 70034; 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T07-0553 to read as follows:
[[Page 45650]]
Sec. 165.T07-0553 Safety Zone; Swim for Alligator Lighthouse,
Islamorada, FL.
(a) Location. The following regulated area is a safety zone: All
waters of the Atlantic Ocean 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. The event
course begins and ends at Amara Cay Resort in Islamorada, Florida,
extending through Hawks Channel with a turnaround point at Alligator
Reef Lighthouse. All coordinates are North American Datum 1983.
(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 (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP Key West or a designated
representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP Key West
by telephone at (305) 292-8772, or a designated representative via VHF-
FM radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP Key West or a designated
representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
channel 16, or the COTP's designated representative.
(d) Enforcement period. This rule will be enforced from 7:30 a.m.
until 4 p.m. on September 11, 2021.
Dated: August 10, 2021.
A. Chamie,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2021-17481 Filed 8-13-21; 8:45 am]
BILLING CODE 9110-04-P
