Special Local Regulations; Recurring Marine Events, Sector Key West, Update, 58624-58626 [2024-15552]
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58624
Federal Register / Vol. 89, No. 139 / Friday, July 19, 2024 / Rules and Regulations
stated why we issued the NPRM and
invited comments on our proposed
regulatory action related to this
fireworks display. During the comment
period that ended December 6, 2023, we
received 0 comments.
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is revising
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 rule, 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.
DATES: This rule is effective July 19,
2024.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0690 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions about this rule, 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:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
ddrumheller on DSK120RN23PROD with RULES1
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
On November 6, 2023, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Special Local
Regulations; Recurring Marine Events,
Sector Key West, Update.1 There we
1 88
FR 76159.
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16:17 Jul 18, 2024
Jkt 262001
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
purpose of this rule is to ensure that the
public is informed of the most up to
date recurring special local regulations.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable and
contrary to public interest because
immediate action is needed to ensure
the rule is in place before the June 2024
events listed Items No. 2 and No. 3 in
Table 1 to § 100.701.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
November 6, 2023. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule makes 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)
in 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
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
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.
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 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 received no comments
from the Small Business Administration
on this rulemaking. 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
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Federal Register / Vol. 89, No. 139 / Friday, July 19, 2024 / Rules and Regulations
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
revising an existing recurring event to
reflect a date and time change for the
event. It is categorically excluded from
further review under paragraph L61 in
Table 3–1 of Appendix A, Table 1 of
DHS Instruction Manual 023–01–001–
01, Rev. 1.
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 100
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 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 section (b) of
Table 1 to § 100.701, to read as follows:
■
§ 100.701 Special Local Regulations;
Marine Events in the Seventh Coast Guard
District.
*
*
*
*
*
TABLE 1 TO § 100.701
Number/date
Event
*
Sponsor
*
*
Location
*
*
*
*
ddrumheller on DSK120RN23PROD with RULES1
(b) COTP Zone Key West; Special Local Regulations
1. Last Friday in April ............
Conch Republic Navy Parade and Battle.
Conch Republic Navy, LLC
2. One Saturday in June .......
Swim Around Key West ......
College of the Florida Keys
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PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
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. 89, No. 139 / Friday, July 19, 2024 / Rules and Regulations
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.
*
*
*
Dated: May 15, 2024.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Key West.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0113 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 on this rule, call or
email Lieutenant Commander Richard
Cherkauer, Sector Upper Mississippi
River Waterways Management Division,
U.S. Coast Guard; telephone 314–269–
2560, email Richard.G.Cherkauer@
uscg.mil.
SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0113]
RIN 1625–AA00
Safety Zone; Illinois River, Mile Marker
87.1 to 87.7
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Illinois River from mile
markers 87.1 to 87.7. The safety zone is
to protect personnel, vessels, and the
marine environment from potential
hazards created by extreme shoaling.
Entry of vessels or persons into the zone
is prohibited unless specifically
authorized by the Captain of the Port,
Sector Upper Mississippi River, or a
designated representative.
DATES: For the purposes of enforcement,
actual notice will be used from July 15,
2024 until July 19, 2024. This rule is
effective without actual notice from July
19, 2024 through July 30, 2024.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
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*
ADDRESSES:
[FR Doc. 2024–15552 Filed 7–18–24; 8:45 am]
ACTION:
*
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 under authority in 5
U.S.C. 553(b)(B). This statutory
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.’’ The Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule, as doing so
Frm 00006
Fmt 4700
Sfmt 4700
*
would be impracticable. This is because
we must establish this safety zone
immediately to ensure the safety of
vessels transiting the areas with extreme
shoaling, and therefore lack sufficient
time to provide a reasonable comment
period and then consider those
comments before issuing the rule.
Also, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to hazards created by
extreme shoaling.
III. Legal Authority and Need for Rule
I. Table of Abbreviations
PO 00000
*
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Upper
Mississippi River (COTP) has
determined a safety zone is necessary to
protect personnel, vessels, and the
marine environment from hazards
created by extreme shoaling across the
Illinois River.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone on the waters of the Illinois
River from mile markers 87.1 to 87.7.
The duration of this safety zone is
intended to protect personnel, vessels,
and the marine environment from
hazards created by extreme shoaling
across the Illinois River. No vessel or
person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
E:\FR\FM\19JYR1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Rules and Regulations]
[Pages 58624-58626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15552]
[[Page 58624]]
=======================================================================
-----------------------------------------------------------------------
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, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising 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 rule, 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.
DATES: This rule is effective July 19, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0690 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Hailye Wilson, 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
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
On November 6, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Special Local Regulations; Recurring Marine
Events, Sector Key West, Update.\1\ There we stated why we issued the
NPRM and invited comments on our proposed regulatory action related to
this fireworks display. During the comment period that ended December
6, 2023, we received 0 comments.
---------------------------------------------------------------------------
\1\ 88 FR 76159.
---------------------------------------------------------------------------
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The purpose of this rule is to ensure that the public is
informed of the most up to date recurring special local regulations.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to public interest
because immediate action is needed to ensure the rule is in place
before the June 2024 events listed Items No. 2 and No. 3 in Table 1 to
Sec. 100.701.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published
November 6, 2023. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
This rule makes 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) in 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.
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 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 received no comments from the Small Business
Administration on this rulemaking. 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
[[Page 58625]]
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
revising an existing recurring event to reflect a date and time change
for the event. It is categorically excluded from further review under
paragraph L61 in Table 3-1 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1.
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 100
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 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 section (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
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Number/date Event Sponsor Location
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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(b) COTP Zone Key West; Special Local Regulations
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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 College of the Location: Beginning at Smathers
Florida Keys. 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 58626]]
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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: May 15, 2024.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port, Sector Key West.
[FR Doc. 2024-15552 Filed 7-18-24; 8:45 am]
BILLING CODE 9110-04-P
