Safety Zone; Key West July 4th Fireworks, Key West, FL, 51222-51224 [2024-13233]
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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.
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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:
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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.
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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
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Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations
safety zone. Although the rule restricts
access to the waters encompassed by the
safety zone, the effect of this rule will
not be significant because the local
waterways users will be notified to
ensure the safety zone will result in
minimal impact during the 2 hours of
the fireworks display. Additionally,
vessel traffic will be able to safely
transit around the safety zone.
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B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
VerDate Sep<11>2014
16:18 Jun 14, 2024
Jkt 262001
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting only 2 hours that will
prohibit entry within an 800-foot radius
from the launching area of the fireworks
display. 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
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51223
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.T07–0369 to read as
follows:
■
§ 165.T07–0369
Safety Zone; Key West, FL.
(a) Location. The following regulated
area is a safety zone: All waters near
White Street Pier within the arc of a
circle with a 800-foot radius from
approximate position 24°54.5411′ N,
¥081°78.3422′ W.
(b) Definition. As used in this section,
designated representative means a Coast
Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or
other officer operating a Coast Guard
vessel and a Federal, State, and local
officer designated by or assisting the
Captain of the Port Key West (COTP) in
the enforcement of the safety zone.
(c) Regulations. (1) 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.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by Marine Band Radio
VHF–FM channel 16 (156.8 MHz).
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.
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51224
Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations
(d) Enforcement Period. This section
will be enforced from 8 p.m. until 10
p.m. on July 4, 2024.
Dated: June 10, 2024.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2024–13233 Filed 6–14–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 8
Processing Claims Under the Sergeant
First Class Heath Robinson Honoring
Our Promise To Address
Comprehensive Toxics Act of 2022, or
the Honoring Our Pact Act of 2022
Department of Veterans Affairs.
ACTION: Notification of modification of
sub-regulatory guidance.
AGENCY:
On August 10, 2022, the
President signed the Sergeant First Class
Heath Robinson Honoring our Promise
to Address Comprehensive Toxics Act
of 2022, or the Honoring our PACT Act
of 2022 (PACT Act) into law,
establishing substantial legislative
changes in laws administered by the
Department of Veterans Affairs (VA).
VA began processing PACT Act-related
claims on January 1, 2023, and provided
sub-regulatory guidance while it drafts
regulations to implement the PACT Act.
The sub-regulatory guidance is now
being updated to reflect recent policy
changes.
DATES: June 17, 2024.
FOR FURTHER INFORMATION CONTACT:
Carla Ryan, Assistant Director, Military
Exposures Team, Compensation Service,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
202–461–9700. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION: VA is
drafting regulations to implement the
PACT Act. In the interim, VA has
provided sub-regulatory guidance to
claims processors in the form of a Policy
Letter. The Policy Letter was included
as a supporting document to the Federal
Register Notification published on
December 22, 2022 (87 FR 78543). As
discussed below, the Policy Letter is
hereby revised. The revised Policy
Letter can be found as a supporting
document at https://
www.regulations.gov.
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SUMMARY:
I. Background
On August 10, 2022, the PACT Act of
2022 was signed into law. This historic,
VerDate Sep<11>2014
16:18 Jun 14, 2024
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multifaceted law, which triggers
changes to disability compensation
examination requirements when there is
evidence a Veteran has participated in
a toxic exposure risk activity, also
expands the list of locations eligible for
a presumption of exposure to radiation,
expands the list of conditions subject to
presumptions of service connection
associated with herbicide exposure,
amends the statute involving certain
benefits for Persian Gulf War Veterans,
establishes presumptions of service
connection for conditions associated
with exposure to burn pits and other
toxins, and provides an avenue for a
claimant-elected reevaluation of
previously denied dependency and
indemnity compensation (DIC) claims
that can result in retroactive effective
dates for benefits.
VA currently is drafting regulations to
implement the PACT Act and to address
any gaps and ambiguity in the statutory
language. Due to the time required to
promulgate regulations, VA
implemented the law and began
processing PACT Act-related claims on
January 1, 2023, based on the subregulatory guidance contained in the
Policy Letter issued in December 2022.
during the period beginning on January
9, 1962, and ending on May 7, 1975,
without regard to where on the base the
Veteran was located or what military job
specialty the Veteran performed; (6) add
male breast cancer, urethral cancer, and
cancer of the paraurethral glands as
reproductive cancers under section 406
of the PACT Act; (7) remove references
to ‘‘Lymphomatic cancer of any type’’
due to a recent law change under the
National Defense Authorization Act for
Fiscal Year 2023; and (8) make nonsubstantive edits for clarity. The revised
Policy Letter allows VA to better
operationalize the PACT Act and deliver
earned benefits to Veterans and their
dependents as quickly as possible while
simultaneously continuing efforts to
promulgate the implementing
regulations.
II. Update
The Policy Letter has been revised to
(1) clarify that under 38 U.S.C. 1168(b)
a medical examination and opinion is
not warranted where the only
participation in a toxic exposure risk
activity (TERA) that is established is
based on an entry in an exposure
tracking record system, such as the
Individual Longitudinal Exposure
Record (ILER), that does not corroborate
or substantiate potential exposure to
toxic substances, chemicals, or airborne
hazards in service; (2) add breast cancer
as a disease that the Secretary has
determined has no indication of an
association with herbicide exposure, so
it is included on the list of conditions
not warranting a medical examination
and opinion under 38 U.S.C. 1168 when
the only TERA is related to herbicide
exposure; (3) remove renal cancer
(kidney and renal pelvis) from the list
of conditions established pursuant to 38
U.S.C. 1168(b) for which a medical
examination and opinion is not
warranted when the only TERA is
related to herbicide exposure; (4)
indicate that the expanded list of
locations eligible for a presumption of
radiation exposure under sections 401
and 402 of the PACT Act have been
added to VA regulations; (5) specify that
for entitlement to spina bifida benefits
under 38 U.S.C. 1822, covered service in
Thailand means service in Thailand at
any United States or Royal Thai base
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of General Counsel,
Department of Veterans Affairs.
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Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved and signed
this document on June 7, 2024, and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
[FR Doc. 2024–13010 Filed 6–14–24; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AP39
Adaptive Equipment Allowance
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) amends its regulations
governing the provision of a monetary
allowance to certain veterans and
eligible members of the Armed Forces
who require adaptive equipment to
operate an automobile or other
conveyance. VA proposed establishing
in regulation a VA Adaptive Equipment
Schedule for Automobiles and Other
Conveyances to calculate the amount of
the monetary allowance for adaptive
equipment based on industry standards
and our experience administering this
program. We adopt as final this
proposed rule, with changes based on
public comment. This rulemaking
addresses reimbursement to eligible
persons who have paid for adaptive
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Rules and Regulations]
[Pages 51222-51224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13233]
-----------------------------------------------------------------------
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
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: 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 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
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. 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.
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 barge-based 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
[[Page 51223]]
safety zone. Although the rule restricts access to the waters
encompassed by the safety zone, the effect of this rule will not be
significant because the local waterways users will be notified to
ensure the safety zone will result in minimal impact during the 2 hours
of the fireworks display. Additionally, vessel traffic will be able to
safely transit around the safety 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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting only 2 hours that will prohibit entry within an
800-foot radius from the launching area of the fireworks display. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0369 to read as follows:
Sec. 165.T07-0369 Safety Zone; Key West, FL.
(a) Location. The following regulated area is a safety zone: All
waters near White Street Pier within the arc of a circle with a 800-
foot radius from approximate position 24[deg]54.5411' N, -
081[deg]78.3422' W.
(b) Definition. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Key West (COTP) in the enforcement of the safety
zone.
(c) Regulations. (1) 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.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by Marine Band Radio VHF-FM channel 16 (156.8 MHz).
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.
[[Page 51224]]
(d) Enforcement Period. This section will be enforced from 8 p.m.
until 10 p.m. on July 4, 2024.
Dated: June 10, 2024.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2024-13233 Filed 6-14-24; 8:45 am]
BILLING CODE 9110-04-P
