Safety Zone; Southern Command Dive Operation, Gulf of Mexico, Key West, FL, 65323-65325 [2023-20461]

Download as PDF Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 zone in order to supplement protection of said person(s). (c) Regulations. (1) Under the general security zone regulations in subpart D of this part, you may not enter or remain in the security 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 or remain in the Security Zone, contact the COTP or the COTP’s representative by telephone number 410–576–2693 or on Marine Band Radio VHF–FM channel 16 (156.8 MHz). Those in the security zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (3) Upon being hailed by an official patrol vessel or the designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Failure to comply with lawful direction may result in expulsion from the regulated area, citation for failure to comply, or both. (4) Unless specifically authorized by on-scene enforcement vessels, any vessel granted permission to enter or transit the security zone must comply with the instructions of the COTP or designated representative and operate at bare steerage or no-wake speed while transiting through the Security Zone, and must not loiter, stop, or anchor, and shall do so for the entirety of its time within the boundaries of the security zone. (d) Enforcement period. (1) This section will be enforced from 4 p.m. until 8 p.m. on September 24, 2023. (2) This security zone described in paragraph (a) of this section will be enforced with actual notice by the U.S. Coast Guard representatives on-scene, as well as other methods listed in 33 CFR 165.7. The Coast Guard will enforce the security zone created by this section only when it is necessary for the protection of USSS protectees in the vicinity of Hampton, Va. The U.S. Coast Guard may be additionally assisted in the patrol and enforcement of the zone by Federal, State, and local agencies. Dated: September 18, 2023. David E. O’Connell, Captain, U.S. Coast Guard, Captain of the Port Sector Maryland-National Capital Region. [FR Doc. 2023–20562 Filed 9–21–23; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 15:55 Sep 21, 2023 Jkt 259001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0741] RIN 1625–AA00 Safety Zone; Southern Command Dive Operation, Gulf of Mexico, Key West, FL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the waterways surrounding Key West, Florida, during the Southern Command’s (SOCOM) Dive operation. The safety zone is necessary to ensure the safety of event participants. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Key West or a designated representative. SUMMARY: This rule is effective from 6 a.m. until 9 p.m. on September 26 and September 27, 2023. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– 0741 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ DATES: If you have questions about this rule, call or email Lieutenant Hailye Wilson, 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 COTP Captain of the Port 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 65323 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 Coast Guard did not receive final details from the U.S. Army operations department within the time required to publish an NPRM. Therefore, the Coast Guard lacks sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. It is impracticable and contrary to the public interest to delay issuing this rule because it is necessary to protect the safety of participants, the public, and vessels transiting the waters adjacent to Key West, FL. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable because the event is taking place September 26 and 27, 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 dive operation will be a safety concern for persons and vessels in the regulated area. This rule is needed to ensure the safety of the event participants, the general public, vessels and the marine environment in the navigable waters within the safety zone during the Southern Command’s Dive operation. IV. Discussion of the Rule This rule establishes a safety zone on certain navigable waters of Key West, Florida, during the SOCOM’s Dive operation. The safety zone will be enforced from 6 a.m. to 9 p.m. on September 26 and 27, 2023. The safety zone will cover all waters within the following coordinates: Latitude 24°35.724′ N, longitude 081°47.561′ W, thence east to latitude 24°35.960′ N, longitude 081°46.811′ W, thence south to latitude 24°34.802′ N, longitude 081°47.376′ W, thence west to latitude 24°34.952′ N, longitude 081°46.858′ W, located within the county of Monroe, FL. No person or vessel will be permitted to enter, transit through, anchor in, or remain within the safety zone without first obtaining permission from the COTP or a designated representative. If E:\FR\FM\22SER1.SGM 22SER1 65324 Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations authorization to enter, transit through, anchor in, or remain within the safety zone is granted by the COTP or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the COTP or a designated representative. The Coast Guard will provide notice of the safety zone by Broadcast Notice to Mariners, and/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. lotter on DSK11XQN23PROD 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 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 following reasons: (1) the temporary safety zone will only be enforced for a total of 15 hours per day; (2) although persons and vessels may not enter, transit through, anchor in, or remain within the safety zone without authorization from the COTP or a designated representative, they may operate in the surrounding area during the enforcement period; (3) persons and vessels may still enter, transit through, anchor in, or remain within the areas during the enforcement period if authorized by the COTP or a designated representative. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. VerDate Sep<11>2014 15:55 Sep 21, 2023 Jkt 259001 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 small, designated areas of the Gulf of Mexico around Key West, Florida, for only 10 hours per day and thus is limited in time and scope. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to 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: E:\FR\FM\22SER1.SGM 22SER1 Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS (d) Enforcement period. This section will be enforced from 6 a.m. until 9 p.m. on September 26 and 27, 2023. 1. The authority citation for part 165 continues to read as follows: J. Ingram, Captain, U.S. Coast Guard, Captain of the Port Key West. ■ lotter on DSK11XQN23PROD with RULES1 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. [FR Doc. 2023–20461 Filed 9–21–23; 8:45 am] BILLING CODE 9110–04–P ■ 2. Add § 165.T07–0741 to read as follows: DEPARTMENT OF HOMELAND SECURITY § 165.T07–0741 Safety Zone; Southern Command Dive Operation, Gulf of Mexico, Key West, FL. Coast Guard (a) Location. The following area is a safety zone: All navigable waters within the following coordinates: Latitude 24°35.724′ N, longitude 081°47.561′ W, thence east to latitude 24°35.960′ N, longitude 081°46.811′ W, thence south to latitude 24°34.823′ N, longitude 081°47.376′ W, thence west to latitude 24°34.952′ N, longitude 081°46.858′ W, located within the county of Monroe, FL. These coordinates are based on North American Datum. (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 described in paragraph (a) of this section unless authorized by the COTP Key West or a designated representative. (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the COTP Key West by telephone at (305) 292–8772, or a designated representative via VHF–FM radio on channel 16 to request authorization. If authorization is granted, all persons and vessels receiving such authorization must comply with the instructions of the COTP Key West or a designated representative. (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners via VHF–FM channel 16, or the COTP’s designated representative. VerDate Sep<11>2014 15:55 Sep 21, 2023 Jkt 259001 33 CFR Part 165 [Docket Number USCG–2023–0661] RIN 1625–AA00 Safety Zone; 26th Annual Key West Paddle Classic, Atlantic Ocean, Key West, FL Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone on the waterways surrounding Key West, Florida, during the 26th Annual Key West Paddle Classic event. The safety zone is necessary to ensure the safety of event participants and spectators. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Key West or a designated representative. SUMMARY: This rule is effective from 8 a.m. until 5 p.m. on September 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– 0661 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ DATES: If you have questions about this rule, call or email Lieutenant Hailye Wilson, Waterways Management Division Chief, 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 COTP Captain of the Port 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 65325 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 Coast Guard did not receive final details from the event sponsor for this year’s event within the reporting threshold requirements. The Coast Guard has an existing safety zone for this event in 33 CFR 165.786, Table to § 165.786, Item No. 4.1; however, the existing regulation only covers the event when it is scheduled on the last weekend of April. Therefore, the Coast Guard lacks sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. It is impracticable and contrary to the public interest to delay issuing this rule because it is necessary to protect the safety of participants, spectators, the public, and vessels transiting the waters adjacent to Key West, FL. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable and contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with this event. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under the authority in 46 U.S.C. 70034. The Captain of the Port Key West (COTP) has determined that potential hazards associated with open water swim events will be a safety concern for persons and vessels in the regulated area. This rule is needed to ensure the safety of the event participants, the general public, vessels and the marine environment in the navigable waters within the safety zone during the 26th Annual Key West Paddle Classic paddle board event. IV. Discussion of the Rule This rule establishes a safety zone on certain navigable waters of Key West, Florida, during the 26th Annual Key E:\FR\FM\22SER1.SGM 22SER1

Agencies

[Federal Register Volume 88, Number 183 (Friday, September 22, 2023)]
[Rules and Regulations]
[Pages 65323-65325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20461]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0741]
RIN 1625-AA00


Safety Zone; Southern Command Dive Operation, Gulf of Mexico, Key 
West, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waterways surrounding Key West, Florida, during the Southern Command's 
(SOCOM) Dive operation. The safety zone is necessary to ensure the 
safety of event participants. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port (COTP) Key West or a designated representative.

DATES: This rule is effective from 6 a.m. until 9 p.m. on September 26 
and September 27, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0741 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 about this rule, 
call or email Lieutenant Hailye Wilson, Waterways Management Division, 
Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 Coast Guard did not receive final 
details from the U.S. Army operations department within the time 
required to publish an NPRM. Therefore, the Coast Guard lacks 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule. It is impracticable 
and contrary to the public interest to delay issuing this rule because 
it is necessary to protect the safety of participants, the public, and 
vessels transiting the waters adjacent to Key West, FL.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because the event is taking place 
September 26 and 27, 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 dive operation will be a 
safety concern for persons and vessels in the regulated area. This rule 
is needed to ensure the safety of the event participants, the general 
public, vessels and the marine environment in the navigable waters 
within the safety zone during the Southern Command's Dive operation.

IV. Discussion of the Rule

    This rule establishes a safety zone on certain navigable waters of 
Key West, Florida, during the SOCOM's Dive operation. The safety zone 
will be enforced from 6 a.m. to 9 p.m. on September 26 and 27, 2023. 
The safety zone will cover all waters within the following coordinates: 
Latitude 24[deg]35.724' N, longitude 081[deg]47.561' W, thence east to 
latitude 24[deg]35.960' N, longitude 081[deg]46.811' W, thence south to 
latitude 24[deg]34.802' N, longitude 081[deg]47.376' W, thence west to 
latitude 24[deg]34.952' N, longitude 081[deg]46.858' W, located within 
the county of Monroe, FL.
    No person or vessel will be permitted to enter, transit through, 
anchor in, or remain within the safety zone without first obtaining 
permission from the COTP or a designated representative. If

[[Page 65324]]

authorization to enter, transit through, anchor in, or remain within 
the safety zone is granted by the COTP or a designated representative, 
all persons and vessels receiving such authorization must comply with 
the instructions of the COTP or a designated representative. The Coast 
Guard will provide notice of the safety zone by Broadcast Notice to 
Mariners, and/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 following reasons: 
(1) the temporary safety zone will only be enforced for a total of 15 
hours per day; (2) although persons and vessels may not enter, transit 
through, anchor in, or remain within the safety zone without 
authorization from the COTP or a designated representative, they may 
operate in the surrounding area during the enforcement period; (3) 
persons and vessels may still enter, transit through, anchor in, or 
remain within the areas during the enforcement period if authorized by 
the COTP or a designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
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 small, 
designated areas of the Gulf of Mexico around Key West, Florida, for 
only 10 hours per day and thus is limited in time and scope. It is 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Record of Environmental Consideration supporting this determination is 
available in the docket. For instructions on locating the docket, see 
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to 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:

[[Page 65325]]

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.T07-0741 to read as follows:


Sec.  165.T07-0741  Safety Zone; Southern Command Dive Operation, Gulf 
of Mexico, Key West, FL.

    (a) Location. The following area is a safety zone: All navigable 
waters within the following coordinates: Latitude 24[deg]35.724' N, 
longitude 081[deg]47.561' W, thence east to latitude 24[deg]35.960' N, 
longitude 081[deg]46.811' W, thence south to latitude 24[deg]34.823' N, 
longitude 081[deg]47.376' W, thence west to latitude 24[deg]34.952' N, 
longitude 081[deg]46.858' W, located within the county of Monroe, FL. 
These coordinates are based on North American Datum.
    (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 described in paragraph (a) of this section unless 
authorized by the COTP Key West or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP Key West 
by telephone at (305) 292-8772, or a designated representative via VHF-
FM radio on channel 16 to request authorization. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the COTP Key West or a designated 
representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM 
channel 16, or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 6 a.m. 
until 9 p.m. on September 26 and 27, 2023.

J. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-20461 Filed 9-21-23; 8:45 am]
BILLING CODE 9110-04-P
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