Special Local Regulation; Atlantic Ocean, Key West, FL, 60763-60766 [2021-23865]
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
Regulatory Analyses
Executive Orders 12866 (Regulatory
Planning and Review) and 13563
(Improving Regulation and Regulatory
Review)
This action is not a significant
regulatory action as defined by
Executive Order (E.O.) 12866
(Regulatory Planning and Review),
section 3(f), and the principles
reaffirmed in E.O. 13563 (Improving
Regulation and Regulatory Review);
and, accordingly, this action has not
been reviewed by the Office of
Management and Budget (OMB).
Executive Order 12988, Civil Justice
Reform
This action meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of E.O. 12988 to eliminate
drafting errors and ambiguity, minimize
litigation, provide a clear legal standard
for affected conduct, and promote
simplification and burden reduction.
Executive Order 13132, Federalism
This action does not have federalism
implications warranting the application
of E.O. 13132. This action does not have
substantial direct effects 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.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications warranting the application
of E.O. 13175. The action does not have
substantial direct effects 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.
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Administrative Procedure Act
The CSA provides for an expedited
scheduling action where control is
required by the United States’
obligations under international treaties,
conventions, or protocols. 21 U.S.C.
811(d)(1). If control is required pursuant
to such international treaty, convention,
or protocol, the Attorney General, as
delegated to the Administrator, must
issue an order controlling such drug
under the schedule he deems most
appropriate to carry out such
obligations, without regard to the
findings or procedures otherwise
required for scheduling actions. Id.
In accordance with 21 U.S.C.
811(d)(1), scheduling actions for drugs
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that are required to be controlled by the
United States’ obligations under
international treaties, conventions, or
protocols in effect on October 27, 1970,
shall be issued by order (as compared to
scheduling by rule pursuant to 21 U.S.C.
811(a)). Therefore, DEA believes that the
notice and comment requirements of
section 553 of the Administrative
Procedure Act (APA), 5 U.S.C. 553, do
not apply to this scheduling action. In
the alternative, even if this action does
constitute ‘‘rule making’’ under 5 U.S.C.
551(5), this action is exempt from the
notice and comment requirements of 5
U.S.C. 553 pursuant to 5 U.S.C.
553(a)(1) as an action involving a
foreign affairs function of the United
States because it is being done pursuant
to 21 U.S.C. 811(d)(1), which requires
that the United States comply with its
obligations under the specified
international agreements.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601–612) applies to rules that
are subject to notice and comment
under section 553(b) of the APA or any
other law. As explained above, the CSA
exempts this final order from notice and
comment. Consequently, the RFA does
not apply to this action.
Paperwork Reduction Act of 1995
This action does not impose a new
collection of information requirement
under the Paperwork Reduction Act of
1995. 44 U.S.C. 3501–3521. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number.
Unfunded Mandates Reform Act of 1995
In accordance with the Unfunded
Mandates Reform Act (UMRA) of 1995,
2 U.S.C. 1501 et seq., DEA has
determined and certifies that this action
would not result in any Federal
mandate that may result ‘‘in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100,000,000 or more
(adjusted annually for inflation) in any
1 year * * *.’’ Therefore, neither a
Small Government Agency Plan nor any
other action is required under UMRA of
1995.
Congressional Review Act
This order is not a major rule as
defined by the Congressional Review
Act (CRA), 5 U.S.C. 804. However, DEA
is submitting the required reports to the
Government Accountability Office, the
House, and the Senate under the CRA.
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60763
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, DEA
amends 21 CFR part 1308 as follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for part 1308
continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b),
956(b), unless otherwise noted.
2. In § 1308.11:
a. Redesignate paragraphs (b)(46)
through (90) as paragraphs (b)(47)
through (91);
■ b. Add new paragraph (b)(46); and
■ c. Remove and reserve paragraph
(h)(48).
The addition reads as follows:
■
■
§ 1308.11
*
Schedule I.
*
*
(b) * * *
*
*
(46) Isotonitazene (N,N-diethyl-2-(2-(4isopropoxybenzyl)-5-nitro-1Hbenzimidazol-1-yl)ethan-1-amine) ...........
*
*
*
*
9614
*
Anne Milgram,
Administrator.
[FR Doc. 2021–23848 Filed 11–3–21; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0582]
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.
SUMMARY:
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
This rule is effective from 9:30
a.m. on November 10, 2021, until 4:30
p.m. on November 14, 2021. This rule
will only be subject to enforcement from
the hours of 9:30 a.m. to 4:30 p.m., on
November 10, 12, and 14, 2021.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0582 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions on this rule, call or
email Lieutenant Junior Grade Vera
Max, Sector Key West Waterways
Management Division, Coast Guard;
telephone (305) 292–8768, email
SKWWaterways@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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
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II. Background Information and
Regulatory History
On May 7, 2021, 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 10, 12, and 14, 2021.
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 October
5, 2021, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled, ‘‘Special Local Regulation;
Atlantic Ocean, Key West, FL’’ (86 FR
54879). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to this power boat race event.
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
November 10, 12, and 14, 2021, and
immediate action is needed to respond
to the potential safety hazards
associated with this event.
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III. Legal Authority and Need for Rule
V. Regulatory Analyses
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. 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.
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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received six
comments on our NPRM published
October 5, 2021. Four comments were in
support of the rule, citing the need for
safety around this large event. One
comment was in support of the rule, but
pointed out the possible effects on small
entities and their options for working
with the Coast Guard to mitigate those
effects, as discussed in section V.B of
this rule. We received one comment that
raised concerns about the West Indian
Manatee, calling for measures to be in
place to account for injuries to manatees
and other species that could be harmed
by the high-speed boat races. The Coast
Guard has conducted outreach with
several state and federal agencies,
including the Florida Keys National
Marine Sanctuary and U.S. Department
of Fish and Wildlife, through the
Environmental Analysis discussed in
Section V.F. The sponsor has provided
a safety plan, including measures for
protection of manatees. There are no
changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule establishes a temporary
special local regulation that will be
subject to enforcement from 9:30 a.m.
until 4:30 p.m. on November 10, 12, and
14, 2021. The temporary special local
regulation consists of two regulated
areas: (1) Race and safety buffer area,
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.
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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.
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).
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
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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.
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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
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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, Rev. 1, associated
implementing instructions, 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. Additionally, the event
sponsor has provided a marine
protection plan that includes aerial and
on-water monitoring and provisions for
halting the race should any manatees or
turtles be observed in or near the race
area. 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 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. 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:
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60765
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 temporary § 100.T799–0582 to
read as follows:
■
§ 100.T799–0582 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
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.
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
(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 10, 12, and 14,
2021.
Dated: October 28, 2021.
A. Chamie,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2021–23865 Filed 11–3–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0801]
RIN 1625–AA00
Safety Zone; Munitions Transfer;
Alameda, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone in
the navigable waters of the Oakland
Estuary in the Brooklyn Basin South
Channel near Coast Guard Island in
Alameda, CA in support of a munitions
transfer on November 14, 2021, and
November 21, 2021. This safety zone is
necessary to protect personnel, vessels,
and the marine environment from the
dangers associated with live munitions.
Unauthorized persons or vessels are
prohibited from entering into, transiting
through, or remaining in the safety zone
without permission of the Captain of the
Port or a designated representative.
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SUMMARY:
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This rule is effective from 8 a.m.
on November 14, 2021, until 2 p.m. on
November 21, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0801 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade William
Harris, U.S. Coast Guard Sector San
Francisco; telephone (415) 399–7443,
email SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
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
The Coast Guard is issuing this
temporary 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
impractical and contrary to the public
interest. The Coast Guard did not
receive final details for this event until
October 18, 2021. There was insufficient
time to undergo the full rulemaking
process, including providing a
reasonable comment period and
considering those comments because
the Coast Guard must establish this
temporary safety zone by November 14,
2021.
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 contrary to public
interest because immediate action is
necessary to protect personnel, vessel,
and the marine environment from the
potential safety hazards associated with
the munitions transfer near Alameda,
CA beginning November 14, 2021.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Francisco
(COTP) has determined that potential
hazards associated with the munitions
transfer on November 14, 2021 and
November 21, 2021 will be a safety
concern for anyone within a 250-foot
radius of the pier. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone around
the munitions transfer site during the
munitions transfer.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8 a.m. until 2 p.m. on
November 14, 2021 and from 8 a.m.
until 2 p.m. on November 21, 2021. The
temporary safety zone will cover all
navigable waters, from surface to
bottom, within 250 feet of the munitions
transfer pier located on the southwest
side of Coast Guard Island in the
Brooklyn Basin South Channel of the
Oakland Estuary. The temporary safety
zone will be terminated at 2 p.m. on
both November 14, 2021 and November
21, 2021 or once announced via
broadcast notice to mariners.
This regulation is necessary to keep
persons and vessels away from the
immediate vicinity of the munitions
transfer location to ensure the safety of
people, vessels, and the marine
environment. Except for persons or
vessels authorized by the COTP or the
COTP’s designated representative, no
person or vessel may enter or remain in
the restricted area. A ‘‘designated
representative’’ means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel or
a Federal, State, or local officer
designated by or assisting the COTP in
the enforcement of the safety zone.
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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
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]]>Agencies
[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 60763-60766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23865]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0582]
RIN 1625-AA08
Special Local Regulation; Atlantic Ocean, Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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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.
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DATES: This rule is effective from 9:30 a.m. on November 10, 2021,
until 4:30 p.m. on November 14, 2021. This rule will only be subject to
enforcement from the hours of 9:30 a.m. to 4:30 p.m., on November 10,
12, and 14, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0582 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 Lieutenant Junior Grade 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 7, 2021, 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 10, 12, and 14, 2021. 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 October 5, 2021, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled, ``Special Local Regulation; Atlantic
Ocean, Key West, FL'' (86 FR 54879). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this power boat race event.
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
November 10, 12, and 14, 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 authority in 46 U.S.C.
70041. 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 six comments on our NPRM published
October 5, 2021. Four comments were in support of the rule, citing the
need for safety around this large event. One comment was in support of
the rule, but pointed out the possible effects on small entities and
their options for working with the Coast Guard to mitigate those
effects, as discussed in section V.B of this rule. We received one
comment that raised concerns about the West Indian Manatee, calling for
measures to be in place to account for injuries to manatees and other
species that could be harmed by the high-speed boat races. The Coast
Guard has conducted outreach with several state and federal agencies,
including the Florida Keys National Marine Sanctuary and U.S.
Department of Fish and Wildlife, through the Environmental Analysis
discussed in Section V.F. The sponsor has provided a safety plan,
including measures for protection of manatees. There are no changes in
the regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a temporary special local regulation that
will be subject to enforcement from 9:30 a.m. until 4:30 p.m. on
November 10, 12, and 14, 2021. The temporary special local regulation
consists of two regulated areas: (1) Race and safety buffer area, 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 benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. 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).
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
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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, Rev. 1, associated implementing instructions, 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. Additionally, the event
sponsor has provided a marine protection plan that includes aerial and
on-water monitoring and provisions for halting the race should any
manatees or turtles be observed in or near the race area. 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 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. 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 temporary Sec. 100.T799-0582 to read as follows:
Sec. 100.T799-0582 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 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.
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(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 10, 12, and 14, 2021.
Dated: October 28, 2021.
A. Chamie,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2021-23865 Filed 11-3-21; 8:45 am]
BILLING CODE 9110-04-P
