Safety Zone; Naval Air Station Key West, Boca Chica, FL, 21476-21478 [2023-07500]

Download as PDF 21476 Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Rules and Regulations from further review under paragraph 34(g) of Figure 2–1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination, prepared and signed before October 31, 2022 are available in the docket where indicated under ADDRESSES. 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 147 1. The authority citation for part 147 continues to read as follows: Authority: 14 U.S.C. 554; 43 U.S.C. 1333; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. Add § 147.875 to read as follows: [Docket Number USCG–2023–0125] RIN 1625–AA00 Safety Zone; Naval Air Station Key West, Boca Chica, FL Coast Guard, DHS. Temporary final rule. The Coast Guard is establishing a temporary safety zone for navigable waters of the Boca Chica Channel in Boca Chica, Florida. This action is necessary to provide for the safety of life on these navigable waters near Boca Chica Key, FL, during the 2023 Naval Air Station Key West Air Show. This rule prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Key West or a designated representative. This rule is effective daily from 10 a.m. through 4 p.m. on April 14, 2023 through April 16, 2023. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– 0125 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ DATES: § 147.875 Safety Zone, Horn Mountain Spar, Outer Continental Shelf Facility, Mississippi Canyon 127. lotter on DSK11XQN23PROD with RULES1 33 CFR Part 165 SUMMARY: ■ (a) Description. The Horn Mountain Spar is in the deepwater area of the Gulf of Mexico at Mississippi Canyon 127. The facility is located at: 28°51′57.5994″ N, 88°3′22.32″ W, (NAD 83) and the area within 500 meters (1640.4 feet) from each point on the facililty structure’s outer edge is a safety zone. (b) Regulation. No vessel may enter or remain in this safety zone except for the following: (1) An attending vessel, as defined in 147.20; (2) A vessel under 100 feet in length overall not engaged in towing; or (2) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative. (c) Requests for permission. Persons or vessels requiring authorization to enter the safety zone must request permission from the Commander, Eighth Coast Guard District or a designated representative. If permission is granted, all persons and vessels shall comply with the instructions of the Commander or designated representative. Jkt 259001 Coast Guard ACTION: PART 147—SAFETY ZONES 16:10 Apr 10, 2023 BILLING CODE 9110–04–P AGENCY: Continental shelf, Marine safety, Navigation (water). For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 147 as follows: VerDate Sep<11>2014 [FR Doc. 2023–07594 Filed 4–10–23; 8:45 am] DEPARTMENT OF HOMELAND SECURITY G. Protest Activities ■ Dated: April 4, 2023. Richard Timme, RADM, U.S. Coast Guard, Commander, Coast Guard District Eight. If you have questions on this rule, call or email LTJG Hailye Wilson, Sector Key West Waterways Management Division, U.S. Coast Guard; telephone 305–292– 8768, email Hailye.M.Wilson@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations 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 rule without prior notice and opportunity to comment pursuant to PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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. The Coast Guard lacks sufficient time to provide for a comment period and then consider those comments before issuing the rule since this rule is needed by April 14, 2023. It would be contrary to the public interest since immediate action is necessary to protect the safety of the public, and vessels transiting the waters of the Boca Chica Key. 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 immediate action is needed to respond to the potential safety hazards associated with the Air Show. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Key West (COTP) has determined that potential hazards associated with the Air Show starting April 14, 2023, will be a safety concern. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone until the Air Show is complete. IV. Discussion of the Rule This rule establishes a safety zone from 10 a.m. until 4 p.m. on April 14, 2023 through April 16, 2023. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while the bridge is being repaired. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. 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. E:\FR\FM\11APR1.SGM 11APR1 Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Rules and Regulations 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 size, location, duration, and time-of-day of the safety zone. Vessel traffic will be able to safely transit around this safety zone which would impact a small designated area of the Boca Chica Channel during the afternoon when vessel traffic is normally low. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zone. lotter on DSK11XQN23PROD with RULES1 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 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 VerDate Sep<11>2014 16:10 Apr 10, 2023 Jkt 259001 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. 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 21477 Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting only 6 hours for three days that will prohibit entry within the Boca Chica Channel. 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 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 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, 70051, 70124; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. 2. Add § 165.T07–0125 to read as follows: ■ § 165.T07–0125 Safety Zone; Naval Air Station Key West, Boca Chica, FL. (a) Location. The following area is a safety zone: All waters of Boca Chica Channel, from surface to bottom, encompassed by a line connecting the following points beginning at 24°33′48″ N, 081°43′02″ W, thence to 24°34′18″ N, 081°43′08″ W, thence to 24°34′28″ N, 081°42′22″ W, and along the shoreline back to the beginning point. These coordinates are based on North American Datum. (b) Definitions. As used in this section, ‘‘designated representative’’ means a Coast Guard Patrol E:\FR\FM\11APR1.SGM 11APR1 21478 Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Rules and Regulations 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) 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 telephone at 305–292– 8727. 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. (d) Enforcement periods. This section will be enforced daily from 10 a.m. to 4 p.m. April 14, 2023, through April 16, 2023. Dated: March 31, 2023. Jason D. Ingram, Captain, U.S. Coast Guard, Captain of the Port Key West. [FR Doc. 2023–07500 Filed 4–10–23; 8:45 am] DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AR48 Copayment Exemption for Indian Veterans Department of Veterans Affairs. ACTION: Final rule correction and correcting amendments. AGENCY: On April 4, 2023, the Department of Veterans Affairs (VA) published in the Federal Register a final rule to amend its medical regulations to implement a statute exempting Indian and urban Indian veterans from copayment requirements for the receipt of hospital care or medical services. This correction addresses a technical error in the published final rule and correcting amendments to four sections involved. DATES: Effective April 11, 2023. FOR FURTHER INFORMATION CONTACT: Mark Upton, Deputy to the Deputy Under Secretary for Health, Office of the Deputy Under Secretary for Health (10A), 810 Vermont Avenue NW, Washington, DC 20420, 202–461–7459. (This is not a toll-free telephone number.) SUPPLEMENTARY INFORMATION: VA is correcting technical errors that appeared lotter on DSK11XQN23PROD with RULES1 VerDate Sep<11>2014 16:10 Apr 10, 2023 Jkt 259001 Correction to the Preamble In FR Rule Doc. No. 2023–06954, beginning on 19868 in the April 4, 2023 issue of the Federal Register, make the following corrections: 1. On page 19868, column 2, line 18, remove ‘‘Medicare’’ and add ‘‘Medicaid’’ in its place. List of Subjects in 38 CFR Part 17 Administrative practice and procedure, Claims, Day care, Government programs—veterans, Health care, Health facilities, Health records, Medical devices, Mental health programs, Veterans. BILLING CODE 9110–04–P SUMMARY: in a final rule on copayment exemptions for Indian and urban Indian veterans published on April 4, 2023, in the Federal Register (FR) at 88 FR 19862. In the preamble of the final rule, VA is replacing ‘‘Medicare’’ with ‘‘Medicaid.’’ VA is making correcting amendments to the part 17 authority and provisions constituting collections of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507). See §§ 17.108, 17.110, 17.111, and 17.4600 of title 38, Code of Federal Regulations (CFR). On April 4, 2023, OMB approved these information collections and assigned OMB control number 2900–0920. This document corrects the references to the OMB control numbers to add such control numbers at the end of §§ 17.108, 17.110, 17.111, and 17.4600. Correcting Amendments Accordingly, VA corrects 38 CFR part 17 by making the following correcting amendments: PART 17—MEDICAL 1. The authority citation for part 17 is amended by revising the entries for §§ 17.111 and 17.4600 to read in part as follows: ■ Authority: 38 U.S.C. 501, and as noted in specific sections. * * * * * Section 17.111 is also issued under 38 U.S.C. 101(28), 501, 1701(7), 1703, 1710, 1710B, 1720B, 1720D, 1722A, and 1730A. * * * * * Section 17.4600 is also issued under 38 U.S.C. 1725A and 1730A. * * § 17.108 * * * [Amended] 2. Amend § 17.108 in the parenthetical at the end of the section by removing ‘‘TBD’’ and adding ‘‘0920’’ in its place. ■ § 17.110 [Amended] 3. Amend § 17.110 in the parenthetical at the end of the section ■ PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 by removing ‘‘TBD’’ and adding ‘‘0920’’ in its place. § 17.111 [Amended] 4. Amend § 17.111 in the parenthetical at the end of the section by removing ‘‘TBD’’ and adding ‘‘0920’’ in its place. ■ § 17.4600 [Amended] 5. Amend § 17.4600 in the parenthetical at the end of the section by removing ‘‘TBD’’ and adding ‘‘0920’’ in its place. ■ Consuela Benjamin, Regulations Development Coordinator, Office of Regulation Policy & Management, Office of General Counsel, Department of Veterans Affairs. [FR Doc. 2023–07528 Filed 4–10–23; 8:45 am] BILLING CODE 8320–01–P POSTAL SERVICE 39 CFR Part 111 Counterfeit Postage Postal ServiceTM. ACTION: Final rule. AGENCY: The Postal Service is amending Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) in various sections to clarify the handling of items found in the mail bearing counterfeit postage. SUMMARY: DATES: Effective: May 7, 2023. Jane Quenk at (202) 268–7098 or Garry Rodriguez at (202) 268–7281. SUPPLEMENTARY INFORMATION: On February 16, 2023, the Postal Service published a notice of proposed rulemaking (88 FR 10068) to revise the DMM in various sections to clarify the handling of items found in the mail bearing counterfeit postage. The Postal Service received numerous comments on that notice, and it appreciates the valuable public input. Multiple commenters expressed support for the Postal Service efforts to address counterfeit postage, an issue that many commenters viewed as wide-spread, problematic, and a risk to Postal Service revenue. The Postal Service now responds to the comments received as follows: FOR FURTHER INFORMATION CONTACT: Comments Relating to Information About Counterfeit Postage Comment: The Postal Service received several comments requesting to know how to avoid purchasing counterfeit postage. E:\FR\FM\11APR1.SGM 11APR1

Agencies

[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Rules and Regulations]
[Pages 21476-21478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07500]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0125]
RIN 1625-AA00


Safety Zone; Naval Air Station Key West, Boca Chica, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Boca Chica Channel in Boca Chica, Florida. This 
action is necessary to provide for the safety of life on these 
navigable waters near Boca Chica Key, FL, during the 2023 Naval Air 
Station Key West Air Show. This rule prohibit persons and vessels from 
being in the safety zone unless authorized by the Captain of the Port 
Key West or a designated representative.

DATES: This rule is effective daily from 10 a.m. through 4 p.m. on 
April 14, 2023 through April 16, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0125 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 LTJG Hailye Wilson, Sector Key West Waterways Management 
Division, U.S. Coast Guard; telephone 305-292-8768, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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 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. The Coast Guard 
lacks sufficient time to provide for a comment period and then consider 
those comments before issuing the rule since this rule is needed by 
April 14, 2023. It would be contrary to the public interest since 
immediate action is necessary to protect the safety of the public, and 
vessels transiting the waters of the Boca Chica Key.
    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 immediate action is needed to 
respond to the potential safety hazards associated with the Air Show.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. The Captain of the Port Key West (COTP) has determined that 
potential hazards associated with the Air Show starting April 14, 2023, 
will be a safety concern. This rule is needed to protect personnel, 
vessels, and the marine environment in the navigable waters within the 
safety zone until the Air Show is complete.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 a.m. until 4 p.m. on 
April 14, 2023 through April 16, 2023. The duration of the zone is 
intended to protect personnel, vessels, and the marine environment in 
these navigable waters while the bridge is being repaired. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

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.

[[Page 21477]]

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 size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which would 
impact a small designated area of the Boca Chica Channel during the 
afternoon when vessel traffic is normally low. Moreover, the Coast 
Guard will issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule would allow vessels to seek 
permission to enter 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 
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.

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. This rule involves a 
safety zone lasting only 6 hours for three days that will prohibit 
entry within the Boca Chica Channel. 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 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 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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T07-0125 to read as follows:


Sec.  165.T07-0125  Safety Zone; Naval Air Station Key West, Boca 
Chica, FL.

    (a) Location. The following area is a safety zone: All waters of 
Boca Chica Channel, from surface to bottom, encompassed by a line 
connecting the following points beginning at 24[deg]33'48'' N, 
081[deg]43'02'' W, thence to 24[deg]34'18'' N, 081[deg]43'08'' W, 
thence to 24[deg]34'28'' N, 081[deg]42'22'' W, and along the shoreline 
back to the beginning point. These coordinates are based on North 
American Datum.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol

[[Page 21478]]

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) 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 telephone at 305-292-8727. 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.
    (d) Enforcement periods. This section will be enforced daily from 
10 a.m. to 4 p.m. April 14, 2023, through April 16, 2023.

    Dated: March 31, 2023.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-07500 Filed 4-10-23; 8:45 am]
BILLING CODE 9110-04-P
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