Security Zone; Coast Guard Sector Key West, Trumbo Point Annex, Key West Harbor, Key West, FL, 77242-77244 [2023-24853]
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules
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Issued in Washington, DC, on November 2,
2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2023–24661 Filed 11–8–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0803]
RIN 1625–AA11
Security Zone; Coast Guard Sector
Key West, Trumbo Point Annex, Key
West Harbor, Key West, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a security zone for certain
waters of the Key West Harbor
surrounding the Coast Guard Sector Key
West on Trumbo Point Annex. This
action is necessary to safeguard Coast
Guard assets in the interest of national
security. This proposed rulemaking
would prohibit persons and vessels
from being in the security zone unless
authorized by the Captain of the Port
Key West or a designated representative.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before December 11, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0803 using the Federal DecisionMaking 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. This notice of proposed
rulemaking with its plain-language, 100word-or-less proposed rule summary
will be available in this same docket.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email Lieutenant
Hailye Wilson, Waterways Management
Division, U.S. Coast Guard; telephone
305–292–8768, email Hailye.M.Wilson@
uscg.mil.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
VerDate Sep<11>2014
17:04 Nov 08, 2023
Jkt 262001
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
The Coast Guard Sector Key West, FL
and its assets are on property previously
under the control of the Naval Air
Station (NAS) Key West, FL. The
current regulations restricting vessel
traffic in and around NAS Key West are
found in 33 CFR 334.610 and are only
enforceable by the Commanding Officer
of NAS Key West, and certain
designated agencies. Currently, the
Coast Guard requires the authority from
the Commanding Officer, NAS Key
West, before they can enforce a security
zone in and around Coast Guard
property and assets. This additional step
can generate unnecessary delays, which
creates security concerns for the Coast
Guard and potential hazards to the
public. The Captain of the Port Key
West (COTP) has determined that
permanent security zone is in the
interest of national security, the safety
of life, and the prevention of damage to
property.
The purpose of this rulemaking is to
ensure the security of vessels,
waterfront facilities, and personnel
located at the Coast Guard, Sector Key
West. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70051 and 70124.
III. Discussion of Proposed Rule
The COTP is proposing to establish a
permanent security zone surrounding
the Coast Guard Sector Key West,
located adjacent to Trumbo Point
Annex, Naval Air Station Key West. The
security zone would cover all navigable
waters within 100 yards of the Coast
Guard Sector Key West. No vessel, other
than Government-owned vessels and
specifically authorized private craft, or
persons would be permitted to stop or
land in the security zone. The regulatory
text we are proposing appears at the end
of this document.
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
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Fmt 4702
Sfmt 4702
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 fact that the area covered
by the permanent security zone created
by this rulemaking is already a regulated
restricted area as contained in 33 CFR
334.610. Unauthorized vessels and
persons have not been allowed to stop
and land within 100 yards of the Coast
Guard base on Trumbo Point Annex
through the regulation in § 334.610.
This rulemaking allows the Coast Guard
to enforce the restricted area through a
security zone. Additionally, the security
zone only extends 100 yards from the
Coast Guard Sector Key West, located
adjacent to Trumbo Point Annex, Naval
Air Station Key West and does not
impede any regular vessel traffic (i.e.,
cruise ships, ferries, small passenger
vessels, etc.). Vessels will be able to
transit safely around the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of 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 proposed 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 rulemaking 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
proposed rule would affect your small
business, organization, or governmental
E:\FR\FM\09NOP1.SGM
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules
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. 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).
ddrumheller on DSK120RN23PROD with PROPOSALS1
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 call or email 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
$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
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
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17:04 Nov 08, 2023
Jkt 262001
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 a security zone that would
prohibit vessels and persons from
stopping or landing within 100 yards of
the United Sates Coast Guard base on
Trumbo Point Annex. Normally such
actions are 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 preliminary 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. 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 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.
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–2023–0803 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
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77243
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 web page. 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 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
■
2. Add § 165.764 to read as follows:
§ 165.764 Security Zone; Coast Guard
Sector Key West, Trumbo Point Annex, Key
West Harbor, Key West, FL.
(a) Location. The following area is a
security zone: All waters within 100
yards of the Coast Guard Sector Key
West, from surface to bottom,
encompassed by a line that extends
north 100 yards into the Fleming Key
Channel from point 24°34′02″ N,
81°47′52.7″ W; thence westerly,
maintaining 100 yards from the Coast
Guard property; thence southerly, 100
yards from the end of the piers; thence
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules
easterly to 24°33′48.8″ N, 081°47′54.8″
W, and along the shore line back to the
beginning point. These coordinates are
based on North American Datum 1983.
(b) Definitions. As used in this
section, vessel means every description
of watercraft or other artificial
contrivance used, or capable of being
used, as a means of transportation on
water, except U.S. Coast Guard or U.S.
naval vessels.
(c) Regulations. (1) Under the general
security zone regulations in subpart D of
this part, no person or vessel may enter
or remain in the security zone described
in paragraph (a) of this section without
the permission of the Captain of the
Port, other than Government-owned
vessels.
(2) While anchoring, loitering, or
fishing activities are prohibited, vessels
may transit the following portions of the
security zone at safe speed:
(i) Fleming Key Cut, extending from
the northwest corner of Pier D–3 of U.S.
Coast Guard Key West, eastward
beneath the Fleming Key bridge.
(ii) Key West Bight Channel, which
extends easterly from the Main Ship
Channel into Key West Bight, the
northerly edge of which channel passes
25 feet south of the U.S. Coast Guard
Sector Key West piers on the north side
of the Bight.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port Sector Key West.
[FR Doc. 2023–24853 Filed 11–8–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 192
[Docket No. PHMSA–2023–0080]
Pipeline Safety: Mifflin Energy
Corporation’s Petition for Declaratory
Order Concerning Part 192 Jurisdiction
and Operator Responsibility Over
Customer-Owned Piping
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), U.S. Department of
Transportation (DOT).
ACTION: Petition for a Declaratory Order.
ddrumheller on DSK120RN23PROD with PROPOSALS1
AGENCY:
The Pipeline and Hazardous
Materials Safety Administration is
seeking comment on a Petition for a
Declaratory Order (Petition).
DATES: Comments are due on or before
December 11, 2023. Reply comments to
SUMMARY:
VerDate Sep<11>2014
17:04 Nov 08, 2023
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comments received are due on or before
December 26, 2023.
ADDRESSES: Comments should reference
the docket number for the petition
request and may be submitted by any of
the following methods:
• Web: https://www.regulations.gov.
This site allows the public to enter
comments on any Federal Register
document issued by any agency. Follow
the online instructions for submitting
comments.
• Fax: 202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building:
Room W12–140, Washington, DC
20590–0001.
• Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building: Room W12–
140, Washington, DC 20590–0001,
between 9 a.m. and 5 p.m. EST, Monday
through Friday, except Federal holidays.
• Instructions: Identify [Docket No.
PHMSA–2023–0080] at the beginning of
your comments. If you submit your
comments by mail, submit two copies.
Internet users may submit comments at
https://www.regulations.gov. If you
would like confirmation that PHMSA
received your comments, please include
a self-addressed stamped postcard
labeled ‘‘Comments on PHMSA–2023–
0080.’’ The docket clerk will date stamp
the postcard prior to returning it to you
via U.S. mail.
• Note: All comments received will
be posted without edits to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading for more
information. Anyone can use the site to
search all comments by the name of the
submitting individual or, if the
comment was submitted on behalf of an
association, business, labor union, etc.,
the name of the signing individual.
Therefore, please review the complete
DOT Privacy Act Statement in the
Federal Register at 65 FR 19477 or the
Privacy Notice at https://
www.regulations.gov before submitting
comments.
• Privacy Act Statement: DOT may
solicit comments from the public
regarding certain general notices. DOT
posts these comments without edit,
including any personal information the
commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL14 FDMS), which can be reviewed at
www.dot.gov/privacy.
• Confidential Business Information:
Confidential Business Information (CBI)
is commercial or financial information
that is both customarily and actually
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treated as private by its owner. Under
the Freedom of Information Act (5
U.S.C. 552), CBI is exempt from public
disclosure. If your comments in
response to this document contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this
document it is important that you
clearly designate the submitted
comments as CBI. Pursuant to 49 CFR
190.343, you may ask PHMSA to
provide confidential treatment to
information you give to the Agency by
taking the following steps: (1) mark each
page of the original document
submission containing CBI as
‘‘Confidential;’’ (2) send PHMSA a copy
of the original document with the CBI
deleted along with the original,
unaltered document; and (3) explain
why the information you are submitting
is CBI. Submissions containing CBI
should be sent to Tewabe Asebe, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC
20590–0001. Submission containing CBI
can also be emailed to Tewabe Asebe by
encrypted email at tewabe.asebe@
dot.gov. Any commentary PHMSA
receives that is not specifically
designated as CBI will be placed in the
public docket.
• Docket: For access to the docket or
to read background documents or
comments, go to https://
www.regulations.gov. Follow the online
instructions for accessing the dockets.
Alternatively, this information is
available by visiting DOT at 1200 New
Jersey Avenue SE, West Building: Room
W12–140, Washington, DC 20590–0001,
between 9:00 a.m. and 5:00 p.m. EST,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Tewabe Asebe, Office of Pipeline Safety,
by phone at 202–366–5523 or by email
at tewabe.asebe@dot.gov.
SUPPLEMENTARY INFORMATION: PHMSA is
evaluating a Petition for a Declaratory
Order (Petition) from Mifflin Energy
Corporation (Mifflin), pursuant to 49
U.S.C. 60117(b)(1)(J).
Mifflin operated a production line in
Greene County, Pennsylvania, which
was subject to a free gas arrangement.
Under the arrangement, gas flowed from
Mifflin’s production line through a
pipeline owned by the landowner, with
the regulator and meter placed at the
juncture of the production line and the
customer-owned pipeline. In March
2020, with Mifflin’s consent, the
landowner moved the regulator and the
meter downstream of the juncture,
further down the landowner’s pipeline.
E:\FR\FM\09NOP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Proposed Rules]
[Pages 77242-77244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24853]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0803]
RIN 1625-AA11
Security Zone; Coast Guard Sector Key West, Trumbo Point Annex,
Key West Harbor, Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a security zone for
certain waters of the Key West Harbor surrounding the Coast Guard
Sector Key West on Trumbo Point Annex. This action is necessary to
safeguard Coast Guard assets in the interest of national security. This
proposed rulemaking would prohibit persons and vessels from being in
the security zone unless authorized by the Captain of the Port Key West
or a designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before December 11, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0803 using the Federal Decision-Making 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Hailye Wilson, Waterways
Management Division, U.S. Coast Guard; telephone 305-292-8768, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard Sector Key West, FL and its assets are on property
previously under the control of the Naval Air Station (NAS) Key West,
FL. The current regulations restricting vessel traffic in and around
NAS Key West are found in 33 CFR 334.610 and are only enforceable by
the Commanding Officer of NAS Key West, and certain designated
agencies. Currently, the Coast Guard requires the authority from the
Commanding Officer, NAS Key West, before they can enforce a security
zone in and around Coast Guard property and assets. This additional
step can generate unnecessary delays, which creates security concerns
for the Coast Guard and potential hazards to the public. The Captain of
the Port Key West (COTP) has determined that permanent security zone is
in the interest of national security, the safety of life, and the
prevention of damage to property.
The purpose of this rulemaking is to ensure the security of
vessels, waterfront facilities, and personnel located at the Coast
Guard, Sector Key West. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70051 and 70124.
III. Discussion of Proposed Rule
The COTP is proposing to establish a permanent security zone
surrounding the Coast Guard Sector Key West, located adjacent to Trumbo
Point Annex, Naval Air Station Key West. The security zone would cover
all navigable waters within 100 yards of the Coast Guard Sector Key
West. No vessel, other than Government-owned vessels and specifically
authorized private craft, or persons would be permitted to stop or land
in the security zone. The regulatory text we are proposing appears at
the end of this document.
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 fact that the
area covered by the permanent security zone created by this rulemaking
is already a regulated restricted area as contained in 33 CFR 334.610.
Unauthorized vessels and persons have not been allowed to stop and land
within 100 yards of the Coast Guard base on Trumbo Point Annex through
the regulation in Sec. 334.610. This rulemaking allows the Coast Guard
to enforce the restricted area through a security zone. Additionally,
the security zone only extends 100 yards from the Coast Guard Sector
Key West, located adjacent to Trumbo Point Annex, Naval Air Station Key
West and does not impede any regular vessel traffic (i.e., cruise
ships, ferries, small passenger vessels, etc.). Vessels will be able to
transit safely around the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of 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 proposed 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 rulemaking 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 proposed rule
would affect your small business, organization, or governmental
[[Page 77243]]
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. 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 call or email 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 $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 potential effects of
this proposed 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 a security
zone that would prohibit vessels and persons from stopping or landing
within 100 yards of the United Sates Coast Guard base on Trumbo Point
Annex. Normally such actions are 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 preliminary 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. 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 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.
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-2023-0803 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 web page. 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 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.764 to read as follows:
Sec. 165.764 Security Zone; Coast Guard Sector Key West, Trumbo Point
Annex, Key West Harbor, Key West, FL.
(a) Location. The following area is a security zone: All waters
within 100 yards of the Coast Guard Sector Key West, from surface to
bottom, encompassed by a line that extends north 100 yards into the
Fleming Key Channel from point 24[deg]34'02'' N, 81[deg]47'52.7'' W;
thence westerly, maintaining 100 yards from the Coast Guard property;
thence southerly, 100 yards from the end of the piers; thence
[[Page 77244]]
easterly to 24[deg]33'48.8'' N, 081[deg]47'54.8'' W, and along the
shore line back to the beginning point. These coordinates are based on
North American Datum 1983.
(b) Definitions. As used in this section, vessel means every
description of watercraft or other artificial contrivance used, or
capable of being used, as a means of transportation on water, except
U.S. Coast Guard or U.S. naval vessels.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, no person or vessel may enter or remain in the
security zone described in paragraph (a) of this section without the
permission of the Captain of the Port, other than Government-owned
vessels.
(2) While anchoring, loitering, or fishing activities are
prohibited, vessels may transit the following portions of the security
zone at safe speed:
(i) Fleming Key Cut, extending from the northwest corner of Pier D-
3 of U.S. Coast Guard Key West, eastward beneath the Fleming Key
bridge.
(ii) Key West Bight Channel, which extends easterly from the Main
Ship Channel into Key West Bight, the northerly edge of which channel
passes 25 feet south of the U.S. Coast Guard Sector Key West piers on
the north side of the Bight.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Sector Key West.
[FR Doc. 2023-24853 Filed 11-8-23; 8:45 am]
BILLING CODE 9110-04-P
