Safety Zone; Atlantic Ocean, Key West, FL, 51221-51222 [2024-13231]

Download as PDF Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations 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. khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 16:18 Jun 14, 2024 Jkt 262001 F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting from 6 a.m. to 6 p.m. that will prohibit entry between Mile Markers 635–636 east of Island number one hundred seventy-two. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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.T08–0366 to read as follows: ■ § 165.T08–0366 Safety Zone; Upper Mississippi River, Mile Markers 635–636 east of Island number one hundred seventytwo, Prairie du Chien, WI. (a) Location. The following area is a safety zone: all navigable waters within the Upper Mississippi River, Mile Markers 635–636 east of Island number PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 51221 one hundred seventy-two, Prairie du Chien, WI. (b) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) assigned to units under the operational control of the USCG Sector Upper Mississippi River. (2) To seek permission to enter, contact the COTP or the COTP’s representative via VHF–FM channel 16, or through USCG Sector Upper Mississippi River at 314–269–2332. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (c) Enforcement period: This safety zone will be subject to enforcement from 6 a.m. through 6 p.m. each day from June 21 to June 23, 2024. Dated: June 11, 2024. A.R. Bender, Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi River. [FR Doc. 2024–13301 Filed 6–14–24; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2024–0454] Safety Zone; Atlantic Ocean, Key West, FL Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone for the Annual Swim Around Key West, Key West, Florida to provide for the safety of life on the navigable waterways during this event. This action is necessary to ensure the safety of event participants and spectators. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the regulated area without approval from the Captain of the Port Key West or a designated representative. DATES: The regulation in 33 CFR 165.786 will be enforced for the location identified in Item 6.2 of the Table to § 165.786, from 7:45 a.m. through 4 p.m. on June 22, 2024. SUMMARY: E:\FR\FM\17JNR1.SGM 17JNR1 51222 Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations If you have questions on this notice, call or email Hayden Hunt, Sector Key West Waterways Management Department, Coast Guard; telephone 305–292–8823; email Hayden.B.Hunt@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone in 33 CFR 165.786, Table to § 165.786, Item 6.2, for the Annual Swim Around Key West from 7:45 a.m. until 4 p.m. on June 22, 2024. This action is being taken to provide for the safety of life on navigable waterways during this event. The regulation for recurring marine events within Sector Key West Captain of the Port (COTP) zone, § 165.786, Table to § 165.786, Item 6.2, specifies the location of the regulated area. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the established regulated areas without approval from the Captain of the Port Key West or designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. The Coast Guard will provide notice of the regulated area by Local Notice to Mariners and Broadcast Notice to Mariners. If the Captain of the Port Key West determines that the regulated area need not be enforced for the full duration stated in this publication, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the regulated area. FOR FURTHER INFORMATION CONTACT: Dated: June 10, 2024. Jason. D. Ingram, Captain, U.S. Coast Guard, Captain of the Port Key West. [FR Doc. 2024–13231 Filed 6–14–24; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0472] RIN 1625–AA00 Safety Zone; Key West July 4th Fireworks, Key West, FL Coast Guard, DHS. Temporary final rule. khammond on DSKJM1Z7X2PROD with RULES AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters surrounding Key West, Florida, for a fireworks display. The safety zone will encompass all waters within a 800-foot radius of the White SUMMARY: VerDate Sep<11>2014 16:18 Jun 14, 2024 Jkt 262001 Street Pier in Key West, FL. The safety zone is needed to protect personnel, vessels, the marine environment from the potential hazards created by a fireworks display. 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 8 p.m. through 10 p.m. on July 4, 2024. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2024– 0472 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 Petty Officer Hayden Hunt, Waterways Management Division, Sector Key West, FL, U.S. Coast Guard; telephone 305–292–8823, email Hayden.B.Hunt@uscg.mil. 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 § 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. The Coast Guard did not receive final details of the event until June 4, 2024. It is impracticable to go through the full notice and comment rulemaking process because the Coast Guard must establish this safety zone by July 4, 2024, and lacks sufficient time to provide for a comment period and then consider those comments before issuing the rule. Additionally, immediate action is needed to protect personnel, vessels, and the marine environment in the Beaufort River within the safety zone while the fireworks show is underway. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable because immediate action is necessary to protect personnel, vessels, and the marine environment from the potential safety hazards associated with the firework display launching from White Street Pier in Key West, FL. 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 the fireworks display on July 4, 2024, will be a safety concern for anyone within 800 feet of the White Street Pier in Key West, FL. This rule is needed to ensure the safety of vessels and persons in the navigable waters before, during, and after a bargebased fireworks display. IV. Discussion of the Rule This rule establishes a safety zone from 8 p.m. until 10 p.m. on July 4, 2024. The safety zone will cover certain navigable waters within an 800-foot radius around the White Street Pier in Key West, FL. The duration of the zone is intended to ensure the safety of vessels and persons before, during, and after the fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the limited duration and narrowly tailored geographic area of the E:\FR\FM\17JNR1.SGM 17JNR1

Agencies

[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Rules and Regulations]
[Pages 51221-51222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13231]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2024-0454]


Safety Zone; Atlantic Ocean, Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the Annual 
Swim Around Key West, Key West, Florida to provide for the safety of 
life on the navigable waterways during this event. This action is 
necessary to ensure the safety of event participants and spectators. 
During the enforcement period, no person or vessel may enter, transit 
through, anchor in, or remain within the regulated area without 
approval from the Captain of the Port Key West or a designated 
representative.

DATES: The regulation in 33 CFR 165.786 will be enforced for the 
location identified in Item 6.2 of the Table to Sec.  165.786, from 
7:45 a.m. through 4 p.m. on June 22, 2024.

[[Page 51222]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Hayden Hunt, Sector Key West Waterways Management 
Department, Coast Guard; telephone 305-292-8823; email 
[email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone 
in 33 CFR 165.786, Table to Sec.  165.786, Item 6.2, for the Annual 
Swim Around Key West from 7:45 a.m. until 4 p.m. on June 22, 2024. This 
action is being taken to provide for the safety of life on navigable 
waterways during this event. The regulation for recurring marine events 
within Sector Key West Captain of the Port (COTP) zone, Sec.  165.786, 
Table to Sec.  165.786, Item 6.2, specifies the location of the 
regulated area. During the enforcement period, no person or vessel may 
enter, transit through, anchor in, or remain within the established 
regulated areas without approval from the Captain of the Port Key West 
or designated representative. The Coast Guard may be assisted by other 
Federal, State, or local law enforcement agencies in enforcing this 
regulation.
    The Coast Guard will provide notice of the regulated area by Local 
Notice to Mariners and Broadcast Notice to Mariners. If the Captain of 
the Port Key West determines that the regulated area need not be 
enforced for the full duration stated in this publication, he or she 
may use a Broadcast Notice to Mariners to grant general permission to 
enter the regulated area.

     Dated: June 10, 2024.
Jason. D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2024-13231 Filed 6-14-24; 8:45 am]
BILLING CODE 9110-04-P

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