Safety Zone; Gulf of Mexico, Marathon, FL, 25281-25283 [2023-08816]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 80 / Wednesday, April 26, 2023 / Rules and Regulations
(3) Any transactions otherwise
prohibited by the Russian Harmful
Foreign Activities Sanctions
Regulations, 31 CFR part 587 (RuHSR),
including transactions involving any
person blocked pursuant to the RuHSR
other than the blocked persons
described in paragraph (a) of this
general license, unless separately
authorized.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: April 12, 2023.
OFFICE OF FOREIGN ASSETS
CONTROL
Russian Harmful Foreign Activities
Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 65
ddrumheller on DSK120RN23PROD with RULES1
Authorizing Transactions Related to
Telecommunications and Certain
Internet-Based Communications
Involving Megafon PAO or Digital
Invest Limited Liability Company
(a) Except as provided in paragraph
(c) of this general license, all
transactions prohibited by the Russian
Harmful Foreign Activities Sanctions
Regulations, 31 CFR part 587 (RuHSR)
that are ordinarily incident and
necessary to the receipt or transmission
of telecommunications involving
Megafon PAO (Megafon) or Digital
Invest Limited Liability Company
(Digital Invest), or any entity in which
Megafon or Digital Invest owns, directly
or indirectly, individually or in the
aggregate, a 50 percent or greater
interest (collectively, ‘‘Covered
Entities’’), and involving Tajikistan or
Uzbekistan, are authorized.
(b) Except as provided in paragraph
(c) of this general license, the
exportation or reexportation, sale, or
supply, directly or indirectly, from the
United States or by U.S. persons,
wherever located, to the Covered
Entities of services, software, hardware,
or technology incident to the exchange
of communications over the internet,
such as instant messaging,
videoconferencing, chat and email,
social networking, sharing of photos,
movies, and documents, web browsing,
blogging, web hosting, and domain
name registration services, that is
prohibited by the RuHSR, is authorized.
(c) This general license does not
authorize:
(1) The opening or maintaining of a
correspondent account or payablethrough account for or on behalf of any
entity subject to Directive 2 under
Executive Order (E.O.) 14024,
Prohibitions Related to Correspondent
VerDate Sep<11>2014
16:25 Apr 25, 2023
Jkt 259001
or Payable-Through Accounts and
Processing of Transactions Involving
Certain Foreign Financial Institutions;
(2) Any debit to an account on the
books of a U.S. financial institution of
the Central Bank of the Russian
Federation, the National Wealth Fund of
the Russian Federation, or the Ministry
of Finance of the Russian Federation;
(3) Any transactions prohibited by
E.O. 14066 or E.O. 14068; or
(4) Any transactions otherwise
prohibited by the RuHSR, including
transactions involving any person
blocked pursuant to the RuHSR other
than the blocked persons described in
paragraph (a) of this general license,
unless separately authorized.
Note to General License No. 65. Nothing in
this general license relieves any person from
compliance with any other Federal laws or
requirements of other Federal agencies,
including export, reexport, and transfer (incountry) licensing requirements maintained
by the Department of Commerce’s Bureau of
Industry and Security under the Export
Administration Regulations, 15 CFR parts
730–774.
Dated: April 12, 2023.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2023–08860 Filed 4–25–23; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0156]
RIN 1625–AA00
Safety Zone; Gulf of Mexico, Marathon,
FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters in the Gulf of Mexico
offshore Marathon, Florida. This action
is necessary to provide for the safety of
life on these navigable waters of
Marathon, FL, during the 2023 Race
World Offshore 7 Mile Grand Prix. This
rule prohibits 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 each day
from 10 a.m. through 4:30 p.m. on April
29, 2023 and April 30, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
25281
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0156 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 Hailye.M.Wilson@uscg.mil.
SUPPLEMENTARY INFORMATION:
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
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 the
event organizer for the RWO Grand Prix
did not provide the Coast Guard with all
of the necessary information until
March 16, 2023. 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 28, 2028. 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 Gulf
of Mexico.
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 high-speed boat
race.
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 Sector Key West
(COTP) has determined that potential
E:\FR\FM\26APR1.SGM
26APR1
25282
Federal Register / Vol. 88, No. 80 / Wednesday, April 26, 2023 / Rules and Regulations
hazards associated with the RWO 7 Mile
Grand Prix on April 29, 2023, and April
30, 2023, will be a safety concern for
anyone within the regulated area. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the bridge is being repaired.
IV. Discussion of the Rule
This rule establishes a safety zone
from 10 a.m. until 4:30 p.m. on April 29,
2023, and April 30, 2023. The safety
zone will cover all navigable waters of
the Gulf of Mexico within the following
coordinates: Latitude 24°42.348′ N,
longitude 081°08.377′ W, thence north
offshore to latitude 24°42.979′ N,
longitude 081°08.427′ W, thence east to
latitude 24°43.433′ N, longitude
081°06.012′ W, thence south to latitude
24°43.028′ N, longitude 081°05.714′ W,
thence southwest to latitude 24°42.840′
N, longitude 081°05.956′ W, thence west
to latitude 24°42.796′ N, longitude
081°06.362′ W, located within the
county of Monroe, FL. The duration of
the zone is intended to ensure the safety
of vessels and these navigable waters
before, during, and after the race. No
vessel or person would 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.
ddrumheller on DSK120RN23PROD with RULES1
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 Gulf of Mexico offshore Marathon
for 6.5 hours each day. Moreover, the
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone, and the rule
VerDate Sep<11>2014
16:25 Apr 25, 2023
Jkt 259001
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
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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 6.5 hours for two days
that will prohibit entry within a
specified area of the Gulf of Mexico
offshore of Marathon, FL. 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
E:\FR\FM\26APR1.SGM
26APR1
Federal Register / Vol. 88, No. 80 / Wednesday, April 26, 2023 / Rules and Regulations
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:
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.T07–0156 to read as
follows:
■
ddrumheller on DSK120RN23PROD with RULES1
I. Background
40 CFR Part 52
[EPA–R06–OAR–2016–0674; FRL–10596–
02–R6]
Oklahoma; Excess Emission and
Malfunction Reporting Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA, the Act), the
Environmental Protection Agency (EPA)
is approving a State Implementation
Plan (SIP) revision submitted by the
State of Oklahoma through the Secretary
of Energy & Environment on November
7, 2016. The revision was submitted in
response to a finding of substantial
inadequacy and SIP call as published by
EPA on June 12, 2015, concerning
excess emissions during periods of
startup, shutdown, and malfunction
(SSM) events. EPA is approving the SIP
revision and finds that it corrects the
inadequacies identified in Oklahoma’s
SIP in the June 12, 2015 SIP call.
DATES: This rule is effective on May 26,
2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2016–0674. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Alan Shar, Regional Haze and SO2
Section, EPA Region 6 Office, 1201 Elm
Street, Suite 500, Dallas, Texas 75270,
(214) 665–6691, Shar.alan@epa.gov. Out
of an abundance of caution for members
of the public and our staff, the EPA
Region 6 office may be closed to the
SUMMARY:
§ 165.T07–0156 Safety Zone; Gulf of
Mexico, Marathon, FL.
(a) Location. The following area is a
safety zone: All navigable waters within
the following coordinates: Latitude
24°42.348′ N, longitude 081°08.377′ W,
thence north offshore to latitude
24°42.979′ N, longitude 081°08.427′ W,
thence east to latitude 24°43.433′ N,
longitude 081°06.012′ W, thence south
to latitude 24°43.028′ N, longitude
081°05.714′ W, thence southwest to
latitude 24°42.840′ N, longitude
081°05.956′ W, thence west to latitude
24°42.796′ N, longitude 081°06.362′ W,
located within the county of Monroe,
FL. These coordinates are based on
North American Datum.
(b) Definitions. As used in this
section, 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) 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.
Jkt 259001
[FR Doc. 2023–08816 Filed 4–25–23; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
■
16:25 Apr 25, 2023
Dated: April 18, 2023.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port Sector Key West.
public to reduce the risk of transmitting
COVID–19. Please call or email the
contact listed above if you need
alternative access to material indexed
but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
(d) Enforcement period. This section
will be enforced each day from 10 a.m.
until 4:30 p.m. on April 29, 2023, and
April 30, 2023.
25283
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
The background for this action is
discussed in detail in our February 3,
2023 (88 FR 7378) proposal. In that
document we proposed to approve a
revision to the Oklahoma SIP submitted
on November 7, 2016, in response to
EPA’s national SIP call of June 12, 2015,
concerning excess emissions during
periods of SSM. Specifically, we
proposed to approve the removal of
EPA-approved Subchapter 9 Excess
Emission and Malfunction Reporting
Requirements, sections OAC 252:100–9–
1, OAC 252:100–9–2, 252:100–9–3(a)
and (b), OAC 252:100–9–4, OAC
252:100–9–5, and OAC 252:100–9–6
from the Oklahoma SIP. We also
proposed to determine that the
November 7, 2016, SIP revision corrects
the substantial inadequacies with the
Oklahoma SIP identified in the June 12,
2015 SIP call.
II. Response to Comments
The public comment period for our
proposed approval and determination
ended on March 6, 2022, and no adverse
comments were received. We received
one comment supporting removal of
sections OAC 252:100–9–1, OAC
252:100–9–2, 252:100–9–3(a) and (b),
OAC 252:100–9–4, OAC 252:100–9–5,
and OAC 252:100–9–6 from the
Oklahoma SIP. Therefore, we are
finalizing our approval action as
proposed.
III. Impacts on Areas of Indian Country
Section III of our February 3, 2023 (88
FR 7378) proposal discusses in detail
the background for EPA’s October 1,
2020 approval of Oklahoma’s request
under the Safe, Accountable, Flexible,
Efficient Transportation Equity Act of
2005 (SAFETEA) to administer in
certain areas of Indian country (as
defined at 18 U.S.C. 1151) the State’s
environmental regulatory programs that
were previously approved by EPA for
areas outside of Indian country.1
1 On December 22, 2021, the EPA proposed to
withdraw and reconsider the October 1, 2020,
SAFETEA approval. See https://www.epa.gov/ok/
proposed-withdrawal-and-reconsideration-andsupporting-information. The EPA expects to have
further discussions with tribal governments and the
State of Oklahoma as part of this reconsideration.
The EPA also notes that the October 1, 2020,
E:\FR\FM\26APR1.SGM
Continued
26APR1
]]>Agencies
[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Rules and Regulations]
[Pages 25281-25283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08816]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0156]
RIN 1625-AA00
Safety Zone; Gulf of Mexico, Marathon, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters in the Gulf of Mexico offshore Marathon, Florida. This
action is necessary to provide for the safety of life on these
navigable waters of Marathon, FL, during the 2023 Race World Offshore 7
Mile Grand Prix. This rule prohibits 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 each day from 10 a.m. through 4:30 p.m.
on April 29, 2023 and April 30, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0156 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 the event organizer for the RWO Grand
Prix did not provide the Coast Guard with all of the necessary
information until March 16, 2023. 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 28, 2028. 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 Gulf of Mexico.
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 high-speed
boat race.
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 Sector Key West (COTP) has determined
that potential
[[Page 25282]]
hazards associated with the RWO 7 Mile Grand Prix on April 29, 2023,
and April 30, 2023, will be a safety concern for anyone within the
regulated area. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while the bridge is being repaired.
IV. Discussion of the Rule
This rule establishes a safety zone from 10 a.m. until 4:30 p.m. on
April 29, 2023, and April 30, 2023. The safety zone will cover all
navigable waters of the Gulf of Mexico within the following
coordinates: Latitude 24[deg]42.348' N, longitude 081[deg]08.377' W,
thence north offshore to latitude 24[deg]42.979' N, longitude
081[deg]08.427' W, thence east to latitude 24[deg]43.433' N, longitude
081[deg]06.012' W, thence south to latitude 24[deg]43.028' N, longitude
081[deg]05.714' W, thence southwest to latitude 24[deg]42.840' N,
longitude 081[deg]05.956' W, thence west to latitude 24[deg]42.796' N,
longitude 081[deg]06.362' W, located within the county of Monroe, FL.
The duration of the zone is intended to ensure the safety of vessels
and these navigable waters before, during, and after the race. No
vessel or person would 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.
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 Gulf of Mexico offshore Marathon
for 6.5 hours each day. Moreover, the Coast Guard would 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 6.5 hours for two days that will prohibit
entry within a specified area of the Gulf of Mexico offshore of
Marathon, FL. 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
[[Page 25283]]
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.T07-0156 to read as follows:
Sec. 165.T07-0156 Safety Zone; Gulf of Mexico, Marathon, FL.
(a) Location. The following area is a safety zone: All navigable
waters within the following coordinates: Latitude 24[deg]42.348' N,
longitude 081[deg]08.377' W, thence north offshore to latitude
24[deg]42.979' N, longitude 081[deg]08.427' W, thence east to latitude
24[deg]43.433' N, longitude 081[deg]06.012' W, thence south to latitude
24[deg]43.028' N, longitude 081[deg]05.714' W, thence southwest to
latitude 24[deg]42.840' N, longitude 081[deg]05.956' W, thence west to
latitude 24[deg]42.796' N, longitude 081[deg]06.362' W, located within
the county of Monroe, FL. These coordinates are based on North American
Datum.
(b) Definitions. As used in this section, 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) 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 period. This section will be enforced each day from
10 a.m. until 4:30 p.m. on April 29, 2023, and April 30, 2023.
Dated: April 18, 2023.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Sector Key West.
[FR Doc. 2023-08816 Filed 4-25-23; 8:45 am]
BILLING CODE 9110-04-P
