Special Local Regulations; Recurring Marine Events, Sector Key West, Update, 76159-76162 [2023-24470]
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Proposed Rules
person in the Dockets Office (see the
ADDRESSES section for the address,
phone number, and hours of
operations). An informal docket may
also be examined during normal
business hours at the Federal Aviation
Administration, Air Traffic
Organization, Central Service Center,
Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX
76177.
the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
DEPARTMENT OF HOMELAND
SECURITY
Environmental Review
RIN 1625–AA08
Incorporation by Reference
Class E airspace is published in
paragraph 6005 of FAA Order JO
7400.11, Airspace Designations and
Reporting Points, which is incorporated
by reference in 14 CFR 71.1 on an
annual basis. This document proposes
to amend the current version of that
order, FAA Order JO 7400.11H, dated
August 11, 2023, and effective
September 15, 2023. These updates
would be published subsequently in the
next update to FAA Order JO 7400.11.
That order is publicly available as listed
in the ADDRESSES section of this
document.
FAA Order JO 7400.11H lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
Special Local Regulations; Recurring
Marine Events, Sector Key West,
Update
The Proposal
The FAA is proposing to amend 14
CFR part 71 by modifying the Class E
airspace extending upward from 700
feet above the surface to within a 6.8mile (decreased from a 7.5-mile) radius
of James A. Rhodes Airport, Jackson,
OH; updating the geographic
coordinates of airport to coincide with
the FAA’s aeronautical database; and
removing the city associated with the
airport from the header to comply with
changes to FAA Order JO 7400.2P,
Procedures for Handling Airspace
Matters.
This action is the result of an airspace
review conducted due to the
decommissioning of the York VOR,
which provided navigation information
to this airport, as part of the VOR MON
Program, and to support IFR operations
at this airport.
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Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a regulatory evaluation as
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List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
Coast Guard
33 CFR Part 100
[Docket Number USCG–2023–0690]
Coast Guard, Department of
Homeland Security (DHS).
AGENCY:
ACTION:
Notice of proposed rulemaking.
The Coast Guard proposes to
revise existing regulations by updating
the table for existing events in the
Seventh Coast Guard District Captain of
the Port (COTP) Key West. This action
is necessary to provide for the safety of
life on these navigable waters in Key
West, FL. Through this notice, the
current list of recurring special local
regulations is updated with the removal
of an event that no longer takes place,
the addition of two events, and
revisions to existing events. When these
special local regulations are enforced,
certain restrictions are placed on marine
traffic in specified areas. The Coast
Guard invites your comments on this
proposed rulemaking.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before December 6, 2023.
DATES:
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
You may submit comments
identified by docket number USCG–
2023–0690 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
*
FOR FURTHER INFORMATION CONTACT:
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11H,
Airspace Designations and Reporting
Points, dated August 11, 2023, and
effective September 15, 2023, is
amended as follows:
■
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AGL OH E5
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Jackson, OH [Amended]
James A. Rhodes Airport, OH
(Lat. 38°58′53″ N, long. 82°34′40″ W)
That airspace extending upward from 700
feet above the surface within a 6.8-mile
radius of the James A. Rhodes Airport.
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Issued in Fort Worth, Texas, on November
1, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2023–24436 Filed 11–3–23; 8:45 am]
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If
you have questions about this proposed
rulemaking, call or email Lieutenant
Hailye Wilson, Sector Key West,
Waterways Management Division, Coast
Guard; telephone (305) 292–8768 (ext.
768), email Hailye.M.Wilson@uscg.mil.
SUPPLEMENTARY INFORMATION:
*
BILLING CODE 4910–13–P
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Proposed Rules
II. Background, Purpose, and Legal
Basis
Register, Local Notice to Mariners, and
Broadcast Notice to Mariners.
The Coast Guard proposes to
amending and updating the annual
recurring special local regulations for
events in the geographic boundaries of
the Seventh Coast Guard District
Captain of the Port (COTP) Key West
Zone that are listed in 33 CFR 100.701,
paragraph (b) in Table 1 to § 100.701.
The proposed rule would ensure that
the public is informed of the most up to
date recurring special local regulations.
The current list under § 100.701,
paragraph (b) in Table 1 to § 100.701
requires amendments to existing special
local regulations, adds two new special
local regulations expected to recur
annually, and removes a special local
regulation that is no longer required.
The Coast Guard proposes this
rulemaking under authority in 46 U.S.C.
70041.
IV. Regulatory Analyses
We developed this proposed 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.
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III. Discussion of Proposed Rule
This rule proposes to make the
following changes in 33 CFR 100.701 to
paragraph (b) in Table 1 to § 100.701:
1. Removing the Yachting Key West
Race Week special local regulation
(SLR) from Line 1 since this event no
longer occurs in the COTP Key West
zone.
2. Moving the existing SLR in Line 2
to Line 1.
3. Moving the SLR in Line 3 to Line
2 and changing the date from the ‘‘1st
Weekend of June’’ to ‘‘One Saturday in
June.’’ There will also be nonsubstantive changes made to spelling
and word usage for this SLR. In
addition, a contingency will be added
stating, ‘‘Depending on the weather on
the day of race, the racecourse might
proceed counterclockwise to
accommodate for current and wind.’’
4. Inserting a new SLR in Line 3 for
the Annual Swim Around Key West.
5. Inserting a new SLR in Line 4 for
the Alligator Reef Lighthouse Swim/
Friends of The Pool, Inc. and;
6. Moving the existing SLR in Line 4
to Line 5, and changing the event
sponsor name from ‘‘Super Boat
International Productions, Inc.’’ to
‘‘Race World Offshore.’’
Marine events listed in paragraph (b)
of Table 1 to § 100.701 are listed as
recurring over a particular time, during
each month and each year. Exact dates
are intentionally omitted since calendar
dates for specific events change from
year to year. Once dates for a marine
event are known, the Coast Guard
notifies the public it intends to enforce
the special local regulation through
various means including a notice of
enforcement published in the Federal
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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 NPRM 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, the NPRM has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on the size, location, and
duration of the special local regulations.
These areas are limited in size and
duration, and usually do not affect high
vessel traffic areas. Moreover, the Coast
Guard would provide advance notice of
the regulated areas to the local maritime
community by Local Notice to Mariners,
Broadcast Notice to Mariners via VHF–
FM marine channel 16, and the rule
would allow vessels to seek permission
to enter the regulated area.
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 proposed rule would 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 IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
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please submit a comment (see
explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
ADDRESSES)
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal Government, in
the aggregate, or by the private sector of
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Proposed Rules
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule involves revising an existing
recurring event to reflect a date and time
change for the event. Normally such
actions are categorically excluded from
further review under paragraphs L61 in
Table 3–1 of Appendix A, Table 1 of
DHS Instruction Manual 023–01–001–
01, Rev. 1, because it involves a revised
special local regulation related to a
marine event permit for marine parades,
regattas, and other marine events. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0690 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions webpage. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR parts 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for Part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. In § 100.701, revise paragraph (b) of
Table 1 to § 100.701 to read as follows:
■
§ 100.701 Special Local Regulations;
Marine Events in the Seventh Coast Guard
District.
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TABLE 1 TO § 100.701
Number/date
Event
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Sponsor
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1. Last Friday in April ............
Conch Republic Navy Parade and Battle.
2. One Saturday in June .......
Swim Around Key West ......
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Location
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(b) COTP Zone Key West;
Special Local Regulations.
Conch Republic Navy, LLC
Florida Keys Community
College.
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Location: All waters approximately 150 yards offshore from Ocean Key
Sunset Pier, Mallory Square and Pier B within the Key West Harbor
in Key West, Florida.
Location: Beginning at Smathers Beach in Key West, Florida. The regulated area will move, west to the area offshore of Fort Zachary Taylor Historic State Park, north through Key West Harbor, east through
Fleming Cut, south on Cow Key Channel and west back to origin.
The center of the regulated area will at all times remain approximately 50 yards offshore of the island of Key West Florida; extend
50 yards in front of the lead safety vessel preceding the first race
participants; extend 50 yards behind the safety vessel trailing the last
race participants; and at all times extend 100 yards on either side of
the race participants and safety vessels. Depending on the weather
on the day of race, the racecourse might proceed counter-clockwise
to accommodate for current and wind.
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Proposed Rules
TABLE 1 TO § 100.701—Continued
Sponsor
Location
3. One Saturday in June .......
Number/date
Annual Swim Around Key
West.
Event
Anna Fugina ........................
4. One Saturday in September.
Alligator Reef Lighthouse
Swim.
Friends of The Pool, Inc ......
5. 2nd week (Wednesday
through Sunday) in November.
Key West Offshore World
Championship.
Race World Offshore ...........
Location: Beginning at Higgs Beach in Key West, Florida. The regulated area will move, west to the area offshore of Fort Zachary Taylor
Historic State Park, north through Key West Harbor, east through
Fleming Cut, south on Cow Key Channel and west, past Smathers
Beach and back to origin. The center of the regulated area will at all
times remain approximately 50 yards offshore of the island of Key
West Florida; extend 50 yards in front of the lead safety vessel preceding the first race participants; extend 50 yards behind the safety
vessel trailing the last race participants; and at all times extend 100
yards on either side of the race participants and safety vessels. Depending on the weather on the day of race, the racecourse might
proceed counter-clockwise to accommodate for current and wind.
Location(s) (Primary): 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.
Location(s) (Alternate) 1: Beginning at a point Latitude 24°54.82′ N, longitude 080°38.03′ W, thence to latitude 24°53.25′ N, longitude
080°37.04′ W, thence to latitude 24°52.05′ N, longitude 080°38.85′
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.
Location: In the Atlantic Ocean, off the tip of Key West, Florida, on the
waters of the Key West Main Ship Channel, Key West Turning Basin,
and Key West Harbor Entrance.
*
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Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port Sector Key West.
[FR Doc. 2023–24470 Filed 11–3–23; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 111
Use of Foreign Return Addresses on
Domestic Mailpieces
Postal ServiceTM.
Proposed rule.
AGENCY:
ACTION:
The Postal Service is
proposing to amend Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM®) in
various subsections to clarify the
consequences of the use of a foreign
return address on a domestic mailpiece.
DATES: Submit comments on or before
December 6, 2023.
ADDRESSES: Mail or deliver written
comments to the Director, Product
Classification, U.S. Postal Service, 475
L’Enfant Plaza SW, Room 4446,
Washington, DC 20260–5015. If sending
comments by email, include the name
and address of the commenter and send
to PCFederalRegister@usps.gov, with a
subject line of ‘‘Use of Foreign Return
Addresses’’. Faxed comments are not
accepted.
You may inspect and photocopy all
written comments, by appointment
only, at USPS® Headquarters Library,
475 L’Enfant Plaza SW, 11th Floor
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SUMMARY:
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North, Washington, DC 20260. These
records are available for review on
Monday through Friday, 9 a.m.–4 p.m.,
by calling 202–268–2906.
FOR FURTHER INFORMATION CONTACT:
Catherine Knox at (202) 268–5636,
Treishawna Harris at (202) 268–2965, or
Garry Rodriguez at (202) 268–7281.
SUPPLEMENTARY INFORMATION: All
submitted comments and attachments
are part of the public record and subject
to disclosure. Do not enclose any
material in your comments that you
consider to be confidential or
inappropriate for public disclosure.
Effective April 1, 2023, DMM
subsection 602.1.5.4, Using Return
Addresses, was amended by publication
in Postal Bulletin 22619 (3–9–23) to
eliminate an exception that allowed a
domestic mailpiece to have a foreign
return address in certain circumstances
as a courtesy. The Postal Service is
proposing to further amend subsection
602.1.5.4 and various other subsections
in the DMM to clarify the procedures
applicable to the undeliverable
domestic mailpieces bearing a foreign
return address.
The elimination of the courtesy
exception allowing foreign return
addresses on domestic mailpieces under
certain circumstances requires
amendment of the procedures that apply
to undeliverable domestic mailpieces
bearing a foreign return address, which
are no longer authorized under DMM
602.1.5.4. Therefore, the Postal Service
is proposing to revise DMM subsections
602.1.5.4, and 609.4.3, to clarify
procedures applicable to undeliverable
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domestic mailpieces bearing a foreign
return address.
The Postal Service is authorized
pursuant to 39 U.S.C. 404(a)(1) to
provide for the disposition of
undeliverable mail. However, for the
Postal Service to incur destination
country delivery charges as a result of
attempting to return certain
undeliverable domestic mailpieces with
a foreign return address is not
practicable. Thus, under this proposed
rule, such mailpieces would be handled
by the Postal Service, in accordance
with Postal Service’s dead mail
procedures.
In addition, if the proposed rule is
adopted the Postal Service would also
revise a few related sections of the
International Mail Manual (IMM)
including subsection 762.2,
Undeliverable Domestic Mail Bearing
U.S. Postage and a Foreign Return
Address.
The Postal Service is proposing to
implement this change effective January
1, 2024.
We believe the proposed revisions
will provide customers with a more
efficient mailing experience. Although
exempt from the notice and comment
requirements of the Administrative
Procedure Act (5 U.S.C. 553(b), (c))
regarding proposed rulemaking by 39
U.S.C. 410(a), the Postal Service invites
public comment on the following
proposed revisions to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM),
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
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]]>Agencies
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Proposed Rules]
[Pages 76159-76162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24470]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0690]
RIN 1625-AA08
Special Local Regulations; Recurring Marine Events, Sector Key
West, Update
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to revise existing regulations by
updating the table for existing events in the Seventh Coast Guard
District Captain of the Port (COTP) Key West. This action is necessary
to provide for the safety of life on these navigable waters in Key
West, FL. Through this notice, the current list of recurring special
local regulations is updated with the removal of an event that no
longer takes place, the addition of two events, and revisions to
existing events. When these special local regulations are enforced,
certain restrictions are placed on marine traffic in specified areas.
The Coast Guard invites your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 6, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0690 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Hailye Wilson, Sector Key
West, Waterways Management Division, Coast Guard; telephone (305) 292-
8768 (ext. 768), email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 76160]]
II. Background, Purpose, and Legal Basis
The Coast Guard proposes to amending and updating the annual
recurring special local regulations for events in the geographic
boundaries of the Seventh Coast Guard District Captain of the Port
(COTP) Key West Zone that are listed in 33 CFR 100.701, paragraph (b)
in Table 1 to Sec. 100.701. The proposed rule would ensure that the
public is informed of the most up to date recurring special local
regulations. The current list under Sec. 100.701, paragraph (b) in
Table 1 to Sec. 100.701 requires amendments to existing special local
regulations, adds two new special local regulations expected to recur
annually, and removes a special local regulation that is no longer
required. The Coast Guard proposes this rulemaking under authority in
46 U.S.C. 70041.
III. Discussion of Proposed Rule
This rule proposes to make the following changes in 33 CFR 100.701
to paragraph (b) in Table 1 to Sec. 100.701:
1. Removing the Yachting Key West Race Week special local
regulation (SLR) from Line 1 since this event no longer occurs in the
COTP Key West zone.
2. Moving the existing SLR in Line 2 to Line 1.
3. Moving the SLR in Line 3 to Line 2 and changing the date from
the ``1st Weekend of June'' to ``One Saturday in June.'' There will
also be non-substantive changes made to spelling and word usage for
this SLR. In addition, a contingency will be added stating, ``Depending
on the weather on the day of race, the racecourse might proceed
counterclockwise to accommodate for current and wind.''
4. Inserting a new SLR in Line 3 for the Annual Swim Around Key
West.
5. Inserting a new SLR in Line 4 for the Alligator Reef Lighthouse
Swim/Friends of The Pool, Inc. and;
6. Moving the existing SLR in Line 4 to Line 5, and changing the
event sponsor name from ``Super Boat International Productions, Inc.''
to ``Race World Offshore.''
Marine events listed in paragraph (b) of Table 1 to Sec. 100.701
are listed as recurring over a particular time, during each month and
each year. Exact dates are intentionally omitted since calendar dates
for specific events change from year to year. Once dates for a marine
event are known, the Coast Guard notifies the public it intends to
enforce the special local regulation through various means including a
notice of enforcement published in the Federal Register, Local Notice
to Mariners, and Broadcast Notice to Mariners.
IV. Regulatory Analyses
We developed this proposed 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 NPRM 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, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the size,
location, and duration of the special local regulations. These areas
are limited in size and duration, and usually do not affect high vessel
traffic areas. Moreover, the Coast Guard would provide advance notice
of the regulated areas to the local maritime community by Local Notice
to Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16,
and the rule would allow vessels to seek permission to enter the
regulated area.
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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal Government, in
the aggregate, or by the private sector of
[[Page 76161]]
$100,000,000 (adjusted for inflation) or more in any one year. Though
this proposed rule would not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves revising
an existing recurring event to reflect a date and time change for the
event. Normally such actions are categorically excluded from further
review under paragraphs L61 in Table 3-1 of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1, because it involves a revised
special local regulation related to a marine event permit for marine
parades, regattas, and other marine events. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0690 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions webpage. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for Part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.701, revise paragraph (b) of Table 1 to Sec. 100.701
to read as follows:
Sec. 100.701 Special Local Regulations; Marine Events in the Seventh
Coast Guard District.
* * * * *
Table 1 to Sec. 100.701
----------------------------------------------------------------------------------------------------------------
Number/date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(b) COTP Zone Key
West; Special
Local Regulations.
1. Last Friday in April.......... Conch Republic Navy Conch Republic Location: All waters approximately
Parade and Battle. Navy, LLC. 150 yards offshore from Ocean Key
Sunset Pier, Mallory Square and
Pier B within the Key West Harbor
in Key West, Florida.
2. One Saturday in June.......... Swim Around Key West Florida Keys Location: Beginning at Smathers
Community College. Beach in Key West, Florida. The
regulated area will move, west to
the area offshore of Fort Zachary
Taylor Historic State Park, north
through Key West Harbor, east
through Fleming Cut, south on Cow
Key Channel and west back to
origin. The center of the
regulated area will at all times
remain approximately 50 yards
offshore of the island of Key
West Florida; extend 50 yards in
front of the lead safety vessel
preceding the first race
participants; extend 50 yards
behind the safety vessel trailing
the last race participants; and
at all times extend 100 yards on
either side of the race
participants and safety vessels.
Depending on the weather on the
day of race, the racecourse might
proceed counter-clockwise to
accommodate for current and wind.
[[Page 76162]]
3. One Saturday in June.......... Annual Swim Around Anna Fugina........ Location: Beginning at Higgs Beach
Key West. in Key West, Florida. The
regulated area will move, west to
the area offshore of Fort Zachary
Taylor Historic State Park, north
through Key West Harbor, east
through Fleming Cut, south on Cow
Key Channel and west, past
Smathers Beach and back to
origin. The center of the
regulated area will at all times
remain approximately 50 yards
offshore of the island of Key
West Florida; extend 50 yards in
front of the lead safety vessel
preceding the first race
participants; extend 50 yards
behind the safety vessel trailing
the last race participants; and
at all times extend 100 yards on
either side of the race
participants and safety vessels.
Depending on the weather on the
day of race, the racecourse might
proceed counter-clockwise to
accommodate for current and wind.
4. One Saturday in September..... Alligator Reef Friends of The Location(s) (Primary): Beginning
Lighthouse Swim. Pool, Inc. 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.
Location(s) (Alternate) \1\:
Beginning at a point Latitude
24[deg]54.82' N, longitude
080[deg]38.03' W, thence to
latitude 24[deg]53.25' N,
longitude 080[deg]37.04' W,
thence to latitude 24[deg]52.05'
N, longitude 080[deg]38.85' 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.
5. 2nd week (Wednesday through Key West Offshore Race World Offshore Location: In the Atlantic Ocean,
Sunday) in November. World Championship. off the tip of Key West, Florida,
on the waters of the Key West
Main Ship Channel, Key West
Turning Basin, and Key West
Harbor Entrance.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Sector Key West.
[FR Doc. 2023-24470 Filed 11-3-23; 8:45 am]
BILLING CODE 9110-04-P
