Safety Zone; Swim for Alligator Lighthouse, Islamorada, FL, 60147-60150 [2023-18641]
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Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations
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).
ddrumheller on DSK120RN23PROD with RULES1
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
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16:30 Aug 30, 2023
Jkt 259001
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 encompassing the width of the
Upper Mississippi River from MM 476
to MM 477. 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:
§ 165.T08–0706 Safety Zone; Upper
Mississippi River, Mile Markers 476–477,
Davenport, IA.
(a) Location. The following area is a
safety zone: all navigable waters within
the Upper Mississippi River, Mile
Markers (MM) 476–477.
(b) Enforcement period. This section
is subject to enforcement from August
28, 2023 through September 11, 2023.
(c) Regulations. (1) In accordance with
the general safety zone regulations in
§ 165.23, entry of persons or vessels into
the safety zone described in paragraph
(a) of this section is prohibited unless
authorized by the COTP or a designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard (USCG) assigned to units
under the operational control of USCG
Sector Upper Mississippi River.
(2) To seek permission to enter,
contact the COTP or a designated
representative via VHF–FM channel 16,
or through USCG Sector Upper
Mississippi River at 314–269–2332.
Persons and vessels permitted to enter
the safety zone must comply with all
lawful orders or directions issued by the
COTP or designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement, as well as reductions in
size or scope of the safety zone as ice
or flood conditions improve, through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Safety Marine Information
Broadcast (SMIB) as appropriate.
Dated: August 28, 2023.
D.J. Every,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2023–18926 Filed 8–29–23; 11:15 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
33 CFR Part 165
1. The authority citation for part 165
continues to read as follows:
RIN 1625–AA00
■
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.T08–0706 to read as
follows:
■
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60147
[Docket Number USCG–2023–0606]
Safety Zone; Swim for Alligator
Lighthouse, Islamorada, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
SUMMARY:
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60148
Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations
certain navigable waters of the Atlantic
Ocean near Islamorada, Florida during
the Swim for Alligator Lighthouse, open
water swim event. A safety zone for
recurring marine events exists; however,
for this year’s event the date has
changed. The safety zone is necessary to
ensure the safety of event participants
and spectators. Persons and nonparticipant vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within the safety zone
unless authorized by the Captain of the
Port (COTP) Key West or a designated
representative.
DATES: This rule is effective from 7:30
a.m. until 4 p.m., on September 9, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0606 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
If
you have questions on this rule, call or
email Lieutenant Hailye Wilson, Chief,
Waterways Management Division,
Sector Key West, FL 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
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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 and contrary to the public
interest. The Coast Guard has an
existing safety zone for this recurring
marine event at 33 CFR 165.786, Table
to § 165.786, Item No. 9.1; however, the
existing regulation only covers the event
when it is scheduled on the third
Saturday of September. The primary
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justification for this action is that the
Coast Guard received final details of the
event without 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 in the area.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because the event is taking place on
September 9, 2023, 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 this open water
swim event will be a safety concern for
persons and vessels in the safey zone.
This rule is needed to ensure the safety
of the event participants, the general
public, vessels and the marine
environment in the navigable waters
within the safety zone during the Swim
for Alligator Lighthouse open water
swim event.
IV. Discussion of the Rule
This rule establishes a safety zone on
September 9, 2023 for a period of 8.5
hours, from 7:30 a.m. to 4:00 p.m. The
safety zone will cover all waters of the
Atlantic Ocean, between Amara Cay,
and Alligator Lighthouse, beginning at a
point Latitude 24°54.82′ N, longitude
080°38.03′ W, thence to latitude
24°54.36′ N, longitude 080°37.72′ W,
thence to latitude 24°51.07′ N, longitude
080°37.14′ W, thence to latitude
24°54.36′ N, longitude 080°37.72′ W,
thence to point of origin at latitude
24°54.82′ N, longitude 080°38.03′ W.
The event course begins and ends at
Amara Cay Resort in Islamorada,
Florida, and extends through Hawks
Channel, with a turnaround at Alligator
Lighthouse. Approximately 500
swimmers with kayak escorts and eight
safety vessels are anticipated to
participate in the event. The size and
duration of the safety zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters during the open water swim.
Persons and non-participant vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
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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.
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
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
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 available exceptions to the
enforcement of the safety zone. The
regulated area will impact small
designated areas of the Atlantic Ocean
between Islamorada, Florida, and the
Alligator Lighthouse for only 8.5 hours
and thus is limited in time and scope.
Furthermore, the rule will allow vessels
to seek permission to enter the safety
zone. Non-participant persons and
vessels may enter, transit through,
anchor in, or remain within the
regulated area during the enforcement
periods if authorized by the COTP or a
designated representative. Vessels not
able to enter, transit through, anchor in,
or remain within the regulated area
without authorization from the COTP or
a designated representative may operate
in the surrounding areas during the 8.5
hour enforcement period. The Coast
Guard will issue a Local Notice to
Mariners and a Broadcast Notice to
Mariners, allowing mariners to make
alternative plans or seek permission to
transit the safety zone.
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Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations
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.
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.
D. Federalism and Indian Tribal
Governments
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 8.5 hours that will
prohibit entry into the area being used
by swimmers and safety craft for the
Alligator Lighthouse swim. 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.
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
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
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).
ddrumheller on DSK120RN23PROD with RULES1
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.
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16:30 Aug 30, 2023
Jkt 259001
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60149
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; 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.T07–0606 to read as
follows:
■
§ 165.T07–0606 Safety Zone; Swim for
Alligator Lighthouse, Islamorada, FL.
(a) Location. The following regulated
area is a safety zone: All waters of the
Atlantic Ocean beginning at a point
Latitude 24°54.82′ N, longitude
080°38.03′ W, thence to latitude
24°54.36′ N, longitude 080°37.72′ W,
thence to latitude 24°51.07′ N, longitude
080°37.14′ W, thence to latitude
24°54.36′ N, longitude 080°37.72′ W,
thence to point of origin at latitude
24°54.82′ N, longitude 080°38.03′ W.
The event course begins and ends at
Amara Cay Resort in Islamorada,
Florida, extending through Hawks
Channel with a turnaround point at
Alligator Lighthouse. All coordinates
are North American Datum 1983.
(b) Definition. As used in this section,
the term ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Key West (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the COTP Key
West or a designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the COTP Key West by
telephone at (305) 292–8772, or a
designated representative via VHF–FM
radio on channel 16 to request
authorization. If authorization is
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Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations
granted, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP Key West or a designated
representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners via VHF–FM channel 16, or
the COTP’s designated representative.
(d) Enforcement period. This rule will
be enforced from 7:30 a.m. until 4:00
p.m., on September 9, 2023.
Dated: August 22, 2023.
J. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2023–18641 Filed 8–30–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0618; FRL–9242–03–
R4]
Air Plan Approval; North Carolina;
Volatile Organic Compound
Regulations; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
The Environmental Protection
Agency (EPA) published a final rule that
appeared in the Federal Register on
August 4, 2023, titled ‘‘Air Plan
Approval; North Carolina; Volatile
Organic Compound Regulations.’’ The
document approved revisions to the
North Carolina State Implementation
Plan concerning several updates to the
North Carolina Department of
Environmental Quality’s air regulations
which apply to sources that emit
volatile organic compounds. EPA
approved those changes pursuant to the
Clean Air Act. An error in the
instructions amending the Code of
Federal Regulations (CFR) in the
document is identified and corrected in
this action. This correction does not
change any final action taken by EPA in
the August 4, 2023, final rule.
DATES: Effective September 8, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2021–0618. All documents in the docket
are listed on the regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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Jkt 259001
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Ms. LaRocca can be reached via
electronic mail at larocca.sarah@
epa.gov or via telephone at (404) 562–
8994.
SUPPLEMENTARY INFORMATION: EPA
published a final rule in the Federal
Register on August 4, 2023 (88 FR
51713), titled ‘‘Air Plan Approval; North
Carolina; Volatile Organic Compound
Regulations.’’ The final rule approved
changes to the following regulations in
North Carolina’s SIP: 15A North
Carolina Administrative Code
Subchapter 02D, Rules .0901,
Definitions; .0902, Applicability; .0903,
Recordkeeping: Reporting: Monitoring;
.0906, Circumvention; .0909,
Compliance Schedules for Sources in
Ozone Nonattainment and Maintenance
Areas; .0912, General Provisions on Test
Methods and Procedures; .0918, Can
Coating; .0919, Coil Coating; .0922,
Metal Furniture Coatings; .0923, Surface
Coating of Large Appliance Parts; .0924,
Magnet Wire Coating; .0925, Petroleum
Liquid Storage in Fixed Roof Tanks;
.0928, Gasoline Service Stations Stage 1;
.0930, Solvent Metal Cleaning; .0931,
Cutback Asphalt; .0933, Petroleum
Liquid Storage in External Floating Roof
Tanks; .0935, Factory Surface Coating of
Flat Wood Paneling; .0937, Manufacture
of Pneumatic Rubber Tires; .0943,
Synthetic Organic Chemical and
Polymer Manufacturing; .0944,
Manufacture of Polyethylene:
Polypropylene and Polystyrene; .0945
Petroleum Dry Cleaning; .0947,
Manufacture of Synthesized
Pharmaceutical Products; .0948, VOC
Emissions from Transfer Operations;
.0949, Storage of Miscellaneous Volatile
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Organic Compounds; .0951, RACT For
Sources of Volatile Organic
Compounds; .0955, Thread Bonding
Manufacturing; .0956, Glass Christmas
Ornament Manufacturing; .0957,
Commercial Bakeries; .0961, Offset
Lithographic Printing and Letterpress
Printing; .0962, Industrial Cleaning
Solvents; .0963, Fiberglass Boat
Manufacturing Materials; .0964,
Miscellaneous Industrial Adhesives;
.0965, Flexible Package Printing; .0966,
Paper, Film and Foil Coatings; .0967,
Miscellaneous Metal and Plastic Parts
Coatings; and .0968, Automobile and
Light Duty Truck Assembly Coatings.
However, the Federal Register
document contained an error in the
instructions regarding amendments to
the table titled ‘‘EPA-Approved North
Carolina Regulations’’ found at 40 CFR
52.1770(c)(1). See 88 FR 51715. In the
instructions, EPA inadvertently referred
to the table entries to be amended as
‘‘Section .0901,’’ ‘‘Section .0902,’’
‘‘Section .0903,’’ ‘‘Section .0906,’’
‘‘Section .0909,’’ ‘‘Section .0912,’’
‘‘Section .0918,’’ ‘‘Section .0919,’’
‘‘Section .0922,’’ ‘‘Section .0923,’’
‘‘Section .0924,’’ ‘‘Section .0925,’’
‘‘Section .0928,’’ ‘‘Section .0930,’’
‘‘Section .0931,’’ ‘‘Section .0933,’’
‘‘Section .0935,’’ ‘‘Section .0937,’’
‘‘Section .0943,’’ ‘‘Section .0944,’’
‘‘Section .0945,’’ ‘‘Section .0947,’’
‘‘Section .0948,’’ ‘‘Section .0949,’’
‘‘Section .0951,’’ ‘‘Section .0955,’’
‘‘Section .0956,’’ ‘‘Section .0957,’’
‘‘Section .0961,’’ ‘‘Section .0962,’’
‘‘Section .0963,’’ ‘‘Section .0964,’’
‘‘Section .0965,’’ ‘‘Section .0966,’’
‘‘Section .0967,’’ and ‘‘Section .0968’’
instead of ‘‘Rule .0901,’’ ‘‘Rule .0902,’’
‘‘Rule .0903,’’ ‘‘Rule .0906,’’ ‘‘Rule
.0909,’’ ‘‘Rule .0912,’’ ‘‘Rule .0918,’’
‘‘Rule .0919,’’ ‘‘Rule .0922,’’ ‘‘Rule
.0923,’’ ‘‘Rule .0924,’’ ‘‘Rule .0925,’’
‘‘Rule .0928,’’ ‘‘Rule .0930,’’ ‘‘Rule
.0931,’’ ‘‘Rule .0933,’’ ‘‘Rule .0935,’’
‘‘Rule .0937,’’ ‘‘Rule .0943,’’ ‘‘Rule
.0944,’’ ‘‘Rule .0945,’’ ‘‘Rule .0947,’’
‘‘Rule .0948,’’ ‘‘Rule .0949,’’ ‘‘Rule
.0951,’’ ‘‘Rule .0955,’’ ‘‘Rule .0956,’’
‘‘Rule .0957,’’ ‘‘Rule .0961,’’ ‘‘Rule
.0962,’’ ‘‘Rule .0963,’’ ‘‘Rule .0964,’’
‘‘Rule .0965,’’ ‘‘Rule .0966,’’ ‘‘Rule
.0967,’’ and ‘‘Rule .0968’’ and therefore
inadvertently sought to replace, rather
than revise, those entries. EPA is now
correcting that error.
Correction
§ 52.1770
[Corrected]
In FR Doc. 2023–16600, published at
88 FR 51713 in the issue of August 4,
2023, on page 51715, in the second and
third columns, amendatory instruction 2
■
E:\FR\FM\31AUR1.SGM
31AUR1
]]>Agencies
[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Rules and Regulations]
[Pages 60147-60150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18641]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0606]
RIN 1625-AA00
Safety Zone; Swim for Alligator Lighthouse, Islamorada, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
[[Page 60148]]
certain navigable waters of the Atlantic Ocean near Islamorada, Florida
during the Swim for Alligator Lighthouse, open water swim event. A
safety zone for recurring marine events exists; however, for this
year's event the date has changed. The safety zone is necessary to
ensure the safety of event participants and spectators. Persons and
non-participant vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port (COTP) Key West or a designated
representative.
DATES: This rule is effective from 7:30 a.m. until 4 p.m., on September
9, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0606 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Hailye Wilson, Chief, Waterways Management
Division, Sector Key West, FL 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 and contrary to
the public interest. The Coast Guard has an existing safety zone for
this recurring marine event at 33 CFR 165.786, Table to Sec. 165.786,
Item No. 9.1; however, the existing regulation only covers the event
when it is scheduled on the third Saturday of September. The primary
justification for this action is that the Coast Guard received final
details of the event without 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 in the
area.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because the event is taking place on
September 9, 2023, 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 this open water swim event will
be a safety concern for persons and vessels in the safey zone. This
rule is needed to ensure the safety of the event participants, the
general public, vessels and the marine environment in the navigable
waters within the safety zone during the Swim for Alligator Lighthouse
open water swim event.
IV. Discussion of the Rule
This rule establishes a safety zone on September 9, 2023 for a
period of 8.5 hours, from 7:30 a.m. to 4:00 p.m. The safety zone will
cover all waters of the Atlantic Ocean, between Amara Cay, and
Alligator Lighthouse, beginning at a point Latitude 24[deg]54.82' N,
longitude 080[deg]38.03' W, thence to latitude 24[deg]54.36' N,
longitude 080[deg]37.72' W, thence to latitude 24[deg]51.07' N,
longitude 080[deg]37.14' W, thence to latitude 24[deg]54.36' N,
longitude 080[deg]37.72' W, thence to point of origin at latitude
24[deg]54.82' N, longitude 080[deg]38.03' W. The event course begins
and ends at Amara Cay Resort in Islamorada, Florida, and extends
through Hawks Channel, with a turnaround at Alligator Lighthouse.
Approximately 500 swimmers with kayak escorts and eight safety vessels
are anticipated to participate in the event. The size and duration of
the safety zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters during the open water
swim. Persons and non-participant vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the safety zone
without obtaining permission from the COTP Key West or a designated
representative. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the COTP Key West or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP Key West or
a designated representative. The Coast Guard will provide notice of the
safety zone by Local Notice to Mariners, Broadcast Notice to Mariners,
or by on-scene designated representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
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 available exceptions to the enforcement of the
safety zone. The regulated area will impact small designated areas of
the Atlantic Ocean between Islamorada, Florida, and the Alligator
Lighthouse for only 8.5 hours and thus is limited in time and scope.
Furthermore, the rule will allow vessels to seek permission to enter
the safety zone. Non-participant persons and vessels may enter, transit
through, anchor in, or remain within the regulated area during the
enforcement periods if authorized by the COTP or a designated
representative. Vessels not able to enter, transit through, anchor in,
or remain within the regulated area without authorization from the COTP
or a designated representative may operate in the surrounding areas
during the 8.5 hour enforcement period. The Coast Guard will issue a
Local Notice to Mariners and a Broadcast Notice to Mariners, allowing
mariners to make alternative plans or seek permission to transit the
safety zone.
[[Page 60149]]
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 8.5 hours that will prohibit entry into the
area being used by swimmers and safety craft for the Alligator
Lighthouse swim. 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; 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.T07-0606 to read as follows:
Sec. 165.T07-0606 Safety Zone; Swim for Alligator Lighthouse,
Islamorada, FL.
(a) Location. The following regulated area is a safety zone: All
waters of the Atlantic Ocean beginning at a point Latitude
24[deg]54.82' N, longitude 080[deg]38.03' W, thence to latitude
24[deg]54.36' N, longitude 080[deg]37.72' W, thence to latitude
24[deg]51.07' N, longitude 080[deg]37.14' W, thence to latitude
24[deg]54.36' N, longitude 080[deg]37.72' W, thence to point of origin
at latitude 24[deg]54.82' N, longitude 080[deg]38.03' W. The event
course begins and ends at Amara Cay Resort in Islamorada, Florida,
extending through Hawks Channel with a turnaround point at Alligator
Lighthouse. All coordinates are North American Datum 1983.
(b) Definition. As used in this section, the term ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port Key West (COTP) in the enforcement of
the safety zone.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the COTP Key West or a designated
representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP Key West
by telephone at (305) 292-8772, or a designated representative via VHF-
FM radio on channel 16 to request authorization. If authorization is
[[Page 60150]]
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP Key West or a designated
representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
channel 16, or the COTP's designated representative.
(d) Enforcement period. This rule will be enforced from 7:30 a.m.
until 4:00 p.m., on September 9, 2023.
Dated: August 22, 2023.
J. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-18641 Filed 8-30-23; 8:45 am]
BILLING CODE 9110-04-P
