Safety Zone; 25th Annual Key West Paddle Classic, Atlantic Ocean, Key West, FL, 59304-59306 [2022-21340]
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Rules and Regulations
October 5, 2022. It will be subject to
enforcement this entire period unless
the COTP determines it is no longer
needed, in which case the Coast Guard
will inform mariners via Broadcast
Notice to Mariners on VHF–FM marine
channel 16.
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:
Dated: September 26, 2022.
P.M. Hilbert,
Captain, U.S. Coast Guard, Captain of the
Port Puget Sound.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
[FR Doc. 2022–21204 Filed 9–29–22; 8:45 am]
BILLING CODE 9110–04–P
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
2. Add § 165.T13–0828 to read as
follows:
■
jspears on DSK121TN23PROD with RULES
(a) Location. The safety zone is
located within the Captain of the Port
Puget Sound (COTP) zone (See 33 CFR
3.65–10) and will encompass all
navigable waters, from the surface to the
bottom, within a 1000-yard radius of a
barge anchored in position
47°59′25.994″ N 122°35′06.817″ W in
Mutiny Bay, Whidbey Island, WA.
These coordinates are based 1984 World
Geodetic System (WGS 84).
(b) Definitions. As used in this
section, a designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and any
Federal, State, and local officers
designated by or assisting the COTP in
the enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by VHF Channel 16.
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative. If
permission is granted, all persons and
vessels must comply with the
instructions of the COTP or his
designated representative and proceed
at the minimum speed necessary to
maintain a safe course while in the
zone.
(d) Enforcement period. This safety
zone is in effect from 1 a.m. on
September 26, 2022 through 10 p.m. on
16:09 Sep 29, 2022
Jkt 256001
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0758]
§ 165.T13–0828 Safety Zone; Mutiny Bay,
Whidbey Island, WA.
VerDate Sep<11>2014
DEPARTMENT OF HOMELAND
SECURITY
RIN 1625–AA00
Safety Zone; 25th Annual Key West
Paddle Classic, Atlantic Ocean, Key
West, FL
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
certain navigable waters of the Atlantic
Ocean and adjoining waterways,
surrounding Key West, Florida, during
the 25th Annual Key West Paddle
Classic 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 a.m.
until 3 p.m. on October 1, 2022.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2022–
0758 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 Hailye
Reynolds, Waterways Management
Division Chief, Sector Key West, FL,
U.S. Coast Guard; telephone (305) 292–
8768; e-mail SKWWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
COTP
PO 00000
Captain of the Port
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Fmt 4700
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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
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 primary justification for
this action is that the Coast Guard did
not receive final details from the event
sponsor for this year’s event within the
reporting threshold requirements. The
Coast Guard has an existing safety zone
for this event in 33 CFR 165.786, Table
to § 165.786, Item No. 4.1; however, the
existing regulation only covers the event
when it is scheduled on the last
weekend of April. Therefore, the Coast
Guard lacks sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule. It would be impracticable and
contrary to the public interest to delay
promulgating this rule, as it is necessary
to protect the safety of participants,
spectators, the public, and vessels
transiting the waters adjacent to Key
West, FL.
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
October 1, 2022, 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
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Rules and Regulations
general public, vessels and the marine
environment in the navigable waters
within the safety zone during the 25th
Annual Key West Paddle Classic paddle
board event.
IV. Discussion of the Rule
This rule establishes a moving safety
zone on October 1, 2022, for a period of
8 hours, from 7 a.m. until 3 p.m. The
moving safety zone will cover all waters
within 50 yards in front of the lead
safety vessel preceding the first event
participants, 50 yards behind the safety
vessel trailing the last event
participants, and at all times extend 100
yards on either side of safety vessels.
The event course begins at Higgs Beach
in Key West, Florida, moves west to the
area offshore of Fort Zachary Taylor
Historic State Park, north through Key
West Harbor, east through Fleming Key
Cut, south through Cow Key Channel,
and west returning back to Higgs Beach.
The event is scheduled to take place
from 7 a.m. until 3 p.m. Approximately
150 paddle boarders and five safety
vessels are anticipated to participate in
the event. The safety zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters during the event. 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.
jspears on DSK121TN23PROD with RULES
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
VerDate Sep<11>2014
16:09 Sep 29, 2022
Jkt 256001
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 following reasons: (1)
the temporary safety zone will only be
enforced for a total of 8 hours; (2)
although persons and vessels may not
enter, transit through, anchor in, or
remain within the safety zone without
authorization from the COTP or a
designated representative, they may
operate in the surrounding area during
the enforcement period; (3) persons and
vessels may still enter, transit through,
anchor in, or remain within the areas
during the enforcement period if
authorized by the COTP or a designated
representative.
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–
PO 00000
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59305
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
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Rules and Regulations
individually or cumulatively have a
significant effect on the human
environment. The regulated area will
impact small designated areas of the
Atlantic Ocean and Gulf of Mexico
around Key West, Florida, for only 8
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,
Rev. 1. 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:
■
2. Add § 165.T07–0758 to read as
follows:
jspears on DSK121TN23PROD with RULES
§ 165.T07–0758 Safety Zone; 25th Annual
Key West Paddle Classic, Key West, FL.
(a) Location. The following regulated
area is a moving safety zone: All waters
extending 100 yards to either side of the
race participants and safety vessels;
extending 50 yards in front of the lead
safety vessel preceding the first race
participants; and extending 50 yards
behind the safety vessel trailing the last
race participants. The event course
begins at Higgs Beach in Key West,
Florida, moves west to the area offshore
of Fort Zachary Taylor Historic State
Park, north through Key West Harbor,
east through Fleming Key Cut, south
through Cow Key Channel, and west
returning back to Higgs Beach.
Jkt 256001
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Office
■
16:09 Sep 29, 2022
Dated: September 27, 2022.
J. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2022–21340 Filed 9–29–22; 8:45 am]
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
VerDate Sep<11>2014
(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 section
will be enforced from 7 a.m. until 3 p.m.
on October 1, 2022.
37 CFR Parts 201 and 202
[Docket No. 2020–1]
Remitter Payment Options and Deposit
Account Requirements
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
The U.S. Copyright Office is
amending certain regulations related to
remitter payments for its services and
requirements for maintaining a deposit
account. This final rule adopts
regulatory language set forth in the
Office’s February 2022 notice of
proposed rulemaking with some
modifications in response to public
SUMMARY:
PO 00000
Frm 00014
Fmt 4700
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comments. These amendments
consolidate regulatory provisions
related to payment options and update
existing regulations to articulate current
Office practices. They also simplify
requirements for maintaining a deposit
account and clarify procedures related
to noncompliant accounts.
DATES: Effective October 31, 2022.
FOR FURTHER INFORMATION CONTACT:
Megan Efthimiadis, Assistant to the
General Counsel, by email at meft@
copyright.gov or telephone at (202) 707–
8350.
SUPPLEMENTARY INFORMATION:
I. Background
On February 4, 2022, the Office
published a notice of proposed
rulemaking (‘‘NPRM’’) to amend its
regulations governing remitter payments
for its services and requirements for
maintaining a deposit account.1
Specifically, the Office proposed to
consolidate all regulations related to the
types of payment methods it will accept
for services into a single set of
provisions to ensure consistency as it
moves to an integrated enterprise
information technology (IT) system.2
The proposed rule enumerated three
methods accepted for remitting a
payment: (1) Electronic payments
through Pay.gov; (2) mailed payments
by check or money order; and (3) inperson payments by check, money
order, credit or debit card, or currency,
by appointment at the Office’s Public
Information Office.3
Next, the Office proposed simplifying
requirements to maintain a deposit
account, and set forth rules establishing
the procedures for account closures. The
proposed rule set forth five substantive
amendments. First, the Office
recommended eliminating the
requirement that a deposit account
holder engage in a minimum number of
transactions per year.4 Second, the
Office proposed imposing a service
charge of $25 for each month a deposit
account balance fell below $450.5 Third,
the NPRM provided for the inactivation
of deposit accounts if (1) there has been
no activity in the account for 24 months;
(2) the account holder overdraws the
account; or (3) the account has
insufficient funds at the end of the
month to pay the service charge for an
account balance below $450.6 Fourth,
the Office proposed codifying its
procedures for closing noncompliant
1 87
FR 6452 (Feb. 4, 2022).
at 6454.
3 Id. at 6454.
4 Id. at 6454.
5 Id. at 6454.
6 Id. at 6454–55.
2 Id.
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]]>Agencies
[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59304-59306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21340]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0758]
RIN 1625-AA00
Safety Zone; 25th Annual Key West Paddle Classic, Atlantic Ocean,
Key West, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
certain navigable waters of the Atlantic Ocean and adjoining waterways,
surrounding Key West, Florida, during the 25th Annual Key West Paddle
Classic 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 a.m. until 3 p.m. on October 1,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0758 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 Hailye Reynolds, 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 primary justification for this action is that
the Coast Guard did not receive final details from the event sponsor
for this year's event within the reporting threshold requirements. The
Coast Guard has an existing safety zone for this event in 33 CFR
165.786, Table to Sec. 165.786, Item No. 4.1; however, the existing
regulation only covers the event when it is scheduled on the last
weekend of April. Therefore, the Coast Guard lacks sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule. It would be impracticable and contrary to the
public interest to delay promulgating this rule, as it is necessary to
protect the safety of participants, spectators, the public, and vessels
transiting the waters adjacent to Key West, FL.
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
October 1, 2022, 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
[[Page 59305]]
general public, vessels and the marine environment in the navigable
waters within the safety zone during the 25th Annual Key West Paddle
Classic paddle board event.
IV. Discussion of the Rule
This rule establishes a moving safety zone on October 1, 2022, for
a period of 8 hours, from 7 a.m. until 3 p.m. The moving safety zone
will cover all waters within 50 yards in front of the lead safety
vessel preceding the first event participants, 50 yards behind the
safety vessel trailing the last event participants, and at all times
extend 100 yards on either side of safety vessels. The event course
begins at Higgs Beach in Key West, Florida, moves west to the area
offshore of Fort Zachary Taylor Historic State Park, north through Key
West Harbor, east through Fleming Key Cut, south through Cow Key
Channel, and west returning back to Higgs Beach. The event is scheduled
to take place from 7 a.m. until 3 p.m. Approximately 150 paddle
boarders and five safety vessels are anticipated to participate in the
event. The safety zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters during the event.
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. 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 following
reasons: (1) the temporary safety zone will only be enforced for a
total of 8 hours; (2) although persons and vessels may not enter,
transit through, anchor in, or remain within the safety zone without
authorization from the COTP or a designated representative, they may
operate in the surrounding area during the enforcement period; (3)
persons and vessels may still enter, transit through, anchor in, or
remain within the areas during the enforcement period if authorized by
the COTP or a designated representative.
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
[[Page 59306]]
individually or cumulatively have a significant effect on the human
environment. The regulated area will impact small designated areas of
the Atlantic Ocean and Gulf of Mexico around Key West, Florida, for
only 8 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, Rev. 1. 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, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T07-0758 to read as follows:
Sec. 165.T07-0758 Safety Zone; 25th Annual Key West Paddle Classic,
Key West, FL.
(a) Location. The following regulated area is a moving safety zone:
All waters extending 100 yards to either side of the race participants
and safety vessels; extending 50 yards in front of the lead safety
vessel preceding the first race participants; and extending 50 yards
behind the safety vessel trailing the last race participants. The event
course begins at Higgs Beach in Key West, Florida, moves west to the
area offshore of Fort Zachary Taylor Historic State Park, north through
Key West Harbor, east through Fleming Key Cut, south through Cow Key
Channel, and west returning back to Higgs Beach.
(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 section will be enforced from 7 a.m.
until 3 p.m. on October 1, 2022.
Dated: September 27, 2022.
J. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2022-21340 Filed 9-29-22; 8:45 am]
BILLING CODE 9110-04-P
