Safety Zone; Key West Paddle Classic, Key West, FL, 19648-19650 [2025-08170]
Download as PDF
19648
Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Rules and Regulations
Commander or any Official Patrol
displaying a Coast Guard ensign.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners and
marine information broadcasts.
Dated: May 2, 2025.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Maryland-National Capital
Region.
[FR Doc. 2025–08169 Filed 5–8–25; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2025–0302]
RIN 1625–AA00
Safety Zone; Key West Paddle Classic,
Key West, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
the navigable waterways surrounding
Key West, Florida, during the Key West
Paddle Classic event. This safety zone is
necessary to ensure the safety of event
participants and spectators from
potential hazards associated with this
event. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Key West or a designated
representative.
DATES: DATES:This rule is effective
from 6 a.m. through 5 p.m. on May 10,
2025.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2025–
0302 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 Chief Marine Science
Technician Mathew Mason, Sector Key
West Waterways Management
Department, Coast Guard; telephone
(305) 292–8823, email
Mathew.R.Mason@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
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Jkt 265001
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 because it is
impracticable. The Coast Guard did not
receive the information required to
develop and finalize plans for an official
patrol of the safety zone in ample time
to allow for public comment for the Key
West Paddle Classic on May 10, 2025.
It is impracticable to delay issuing this
rule because it is necessary to protect
the safety of participants, spectators, the
public, and vessels transiting the waters
adjacent to Key West, FL.
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 for the same reasons as
discussed above.
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 (COTP) Key
West has determined that potential
hazards associated with open water
paddle events will be a safety concern
for persons and vessels in the regulated
area. This rule is needed to ensure the
safety of the event participants, the
public, vessels and the marine
environment in the navigable waters
within the safety zone during the Key
West Paddle Classic event.
IV. Discussion of the Rule
This rule establishes a safety zone
from 6 a.m. until 5 p.m. on May 10,
2025. The safety zone will cover all
navigable waters within 50 yards in
front of the lead safety vessel preceding
the first event participants, 50 yards
behind the safety vessel trailing the last
event participants, and at all times
extend 100 yards on either side of event
participants. The event course begins at
Higgs Beach in Key West, Florida,
moves west to the area offshore of Fort
Zachary Taylor Historic State Park,
north through Key West Harbor, east
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Sfmt 4700
through Fleming Key Cut, south through
Cow Key Channel, and west returning to
Higgs Beach, in Key West, FL.
The duration of the safety zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters during the paddle
event. No vessel or person will be
permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the Coast Guard assigned to units
under the operational control of the
Coast Guard Sector Key West. Requests
for entry will be considered and
reviewed on a case-by-case basis. The
COTP may be contacted by telephone at
(305) 292–8772 and at can be reached by
VHF–FM channel 16. Persons and
vessels permitted to enter these security
zones must transit at their slowest safe
speed and comply with all lawful
directions issued by the COTP or their
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.
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.
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on: (1) This rule involves a
safety zone that will prohibit persons
and vessels from entering, transiting
through, anchoring in, or remaining
within a limited area on the navigable
waters of Key West, Florida, during a
paddle event lasting eleven hours; (2)
Although persons and vessels may not
enter, transit through, anchor in, or
remain within the zone without
authorization from the COTP or a
designated representative, they will be
able to safely transit around this safety
zone; (3) persons and vessels may still
enter, transit through, anchor in, or
remain within the areas during the
enforcement period if authorized by the
COTP or a designated representative;
and (4) the Coast Guard will provide
advance notification of the zone to the
E:\FR\FM\09MYR1.SGM
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Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Rules and Regulations
local maritime community by Broadcast
Notice to Mariners, or by on-scene
designated representatives.
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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 will
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
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16:02 May 08, 2025
Jkt 265001
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 11 hours that will
prohibit entry of a zone within 100
yards directly surrounding race
participants. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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19649
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.T07–0302 to read as
follows:
■
§ 165.T07–0302 Safety Zone; Key West
Paddleboard Classic, Key West, FL.
(a) Location. The following regulated
area is a moving safety zone beginning
at Higgs Beach in Key West, Florida,
moving west to the area offshore of Fort
Zachary Taylor Historic State Park,
moving north through Key West Harbor,
moving east through Fleming Key Cut,
moving south through Cow Key
Channel, and moving west returning to
Higgs Beach. The safety zone will
extend 100-yards to either side of the
race participants and safety vessels;
extend 50 yards in front of the lead
safety vessel preceding the first race
participants; and extend 50 yards
behind the safety vessel trailing the last
race participants.
(b) Definitions. 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 (COTP) Key West 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
Key West or designated representative.
(2) Designated representatives may
control vessel traffic throughout the
enforcement area as determined by the
prevailing conditions.
(3) To seek permission to enter,
contact COTP Key West or
representative by telephone at (305)
292–8772 or via VHF radio on channel
16. Those in the security zone must
comply with all lawful orders or
directions given to them by the COTP
Key West or designated representative.
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Federal Register / Vol. 90, No. 89 / Friday, May 9, 2025 / Rules and Regulations
(d) Enforcement period. This section
will be enforced from 6 a.m. to 5 p.m.
on May 10, 2025.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the
Port Key West.
[FR Doc. 2025–08170 Filed 5–8–25; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2024–0373; FRL–12413–
02–R10]
Air Plan Approval; WA; Southwest
Clean Air Agency; Revisions to Excess
Emissions, Startup, Shutdown, and
General Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Table of Contents
The Environmental Protection
Agency (EPA) is approving Washington
State Implementation Plan (SIP)
revisions to the Southwest Clean Air
Agency (SWCAA) air quality regulations
submitted by the State of Washington,
through the Department of Ecology
(Ecology) on June 22, 2023. The
revisions were submitted in part to
respond to the EPA’s June 12, 2015 ‘‘SIP
call’’ in which the EPA found a
provision in the Washington SIP
applicable in the area regulated by
SWCAA to be substantially inadequate,
providing affirmative defenses that
operate to limit the jurisdiction of the
Federal court in an enforcement action
related to excess emissions during
startup, shutdown, and malfunction
(SSM) events. The EPA’s approval of the
SIP revisions to the substantially
inadequate provision corrects the
SWCAA deficiency identified in the
2015 SSM SIP call and the EPA’s
January 2022 finding of failure to
submit. Washington withdrew some
portions of the revisions submitted that
were not identified in the 2015 SSM SIP
call and therefore the EPA is not
approving those withdrawn portions.
The EPA proposed to approve this
action on December 10, 2024, and
received no comments.
DATES: This final rule is effective June
9, 2025.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2024–0373. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
SUMMARY:
VerDate Sep<11>2014
16:02 May 08, 2025
Jkt 265001
available, e.g., Confidential Business
Information or other information the
disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at https://
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Randall Ruddick, EPA Region 10, 1200
Sixth Avenue (Suite 155), Seattle, WA
98101, (206) 553–1999; or email
ruddick.randall@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ or ‘‘our,’’ is used, it refers to the
EPA.
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
On December 10, 2024 (89 FR 99177),
the EPA proposed to approve State
Implementation Plan (SIP) revisions to
the Southwest Clean Air Agency
(SWCAA) air quality regulations
submitted by the State of Washington,
through the Department of Ecology
(Ecology) on June 22, 2023. In that
proposal, we also proposed to determine
that the revisions to SWCAA’s Rule
400–107, corrects the deficiency with
respect to SWCAA that we identified in
our June 12, 2015 action entitled ‘‘State
Implementation Plans: Response to
Petition for Rulemaking; Restatement
and Update of EPA’s SSM Policy
Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls to
Amend Provisions Applying to Excess
Emissions During Periods of Startup,
Shutdown, and Malfunction’’ 1 (‘‘2015
SSM SIP call’’) and our January 12,
2022, Findings of Failure to Submit 2
(FFS). The remaining SIP revisions
submitted with the revised SWCAA
Rule 400–107 on June 15, 2023, were
not specified in the 2015 SSM SIP call.
The reasons for our proposed approval
and determination can be found in the
proposed action and will not be fully
1 80
FR 33839, June 12, 2015.
of Failure To Submit State
Implementation Plan Revisions in Response to the
2015 Findings of Substantial Inadequacy and SIP
Calls To Amend Provisions Applying To Excess
Emissions During Periods of Startup, Shutdown,
and Malfunction, 87 FR 1680 (January 12, 2022),
available at www.regulations.gov, Docket ID No.
EPA–HQ–OAR–2021–0863.
2 Findings
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restated here. The public comment
period for our proposed approval and
determination ended on January 9,
2025, and no comments were received,
adverse or otherwise. Therefore, we are
finalizing our action as proposed.
II. Final Action
The EPA is approving and
incorporating by reference in the
Washington SIP the revisions
Washington submitted on June 22, 2023,
except for those withdrawn by
Washington.3 This action includes
revisions to SWCAA Rule 400–107—the
provision identified as inconsistent with
Clean Air Act (CAA) requirements in
our 2015 SSM SIP call—for the SWCAA.
Once this action becomes effective,
the Washington SIP will no longer
include the following regulation for
SWCAA’s jurisdiction:
SWCAA Rule 400–070(2)(a), Emission
Standards for Certain Source Categories,
(State effective September 21, 1995);
This action also approves and
incorporates by reference at 40 CFR
52.2470(c)—Table 8—Additional
Regulations Approved for the Southwest
Clean Air Agency (SWCAA) Jurisdiction,
the following revised regulations:
• SWCAA Rule 400–040, General
Standards for Maximum Emissions,
establishing maximum emissions
allowed in certain instances, (State
effective September 10, 2021);
• SWCAA Rule 400–070, General
Requirements for Certain Source
Categories, establishing general
standards for certain sources, (State
effective September 10, 2021);
• SWCAA Rule 400–081, Startup and
Shutdown, establishing certain
modeling and control technology
determinations for periods of startup
and shutdown (State effective
September 10, 2021);
• SWCAA Rule 400–107, Excess
Emissions, establishing reporting and
excusing of certain excess emissions,
(State effective September 10, 2021).
These SIP revisions apply specifically
to the jurisdiction of the Southwest
Clean Air Agency in Washington State.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference as described
in section II of this preamble. The EPA
has made, and will continue to make,
3 See 201_state submittal supplement_SWCAA
Partial Withdrawal Request Letter—Ecology.pdf and
202_state submittal supplement_SWCAA Partial
Withdrawal Request Letter—SWCAA.pdf included
in the docket for this action.
E:\FR\FM\09MYR1.SGM
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Agencies
[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Rules and Regulations]
[Pages 19648-19650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08170]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0302]
RIN 1625-AA00
Safety Zone; Key West Paddle Classic, Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waterways surrounding Key West, Florida, during the Key
West Paddle Classic event. This safety zone is necessary to ensure the
safety of event participants and spectators from potential hazards
associated with this event. Entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
Key West or a designated representative.
DATES: DATES:This rule is effective from 6 a.m. through 5 p.m. on May
10, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0302 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 Chief Marine Science Technician Mathew Mason, Sector Key
West Waterways Management Department, Coast Guard; telephone (305) 292-
8823, 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
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 because it is
impracticable. The Coast Guard did not receive the information required
to develop and finalize plans for an official patrol of the safety zone
in ample time to allow for public comment for the Key West Paddle
Classic on May 10, 2025. It is impracticable to delay issuing this rule
because it is necessary to protect the safety of participants,
spectators, the public, and vessels transiting the waters adjacent to
Key West, FL.
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 for the same reasons as discussed
above.
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 (COTP) Key West has determined
that potential hazards associated with open water paddle events will be
a safety concern for persons and vessels in the regulated area. This
rule is needed to ensure the safety of the event participants, the
public, vessels and the marine environment in the navigable waters
within the safety zone during the Key West Paddle Classic event.
IV. Discussion of the Rule
This rule establishes a safety zone from 6 a.m. until 5 p.m. on May
10, 2025. The safety zone will cover all navigable waters within 50
yards in front of the lead safety vessel preceding the first event
participants, 50 yards behind the safety vessel trailing the last event
participants, and at all times extend 100 yards on either side of event
participants. The event course begins at Higgs Beach in Key West,
Florida, moves west to the area offshore of Fort Zachary Taylor
Historic State Park, north through Key West Harbor, east through
Fleming Key Cut, south through Cow Key Channel, and west returning to
Higgs Beach, in Key West, FL.
The duration of the safety zone is intended to protect personnel,
vessels, and the marine environment in these navigable waters during
the paddle event. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the Coast Guard assigned to units under the
operational control of the Coast Guard Sector Key West. Requests for
entry will be considered and reviewed on a case-by-case basis. The COTP
may be contacted by telephone at (305) 292-8772 and at can be reached
by VHF-FM channel 16. Persons and vessels permitted to enter these
security zones must transit at their slowest safe speed and comply with
all lawful directions issued by the COTP or their 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.
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.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on: (1) This rule
involves a safety zone that will prohibit persons and vessels from
entering, transiting through, anchoring in, or remaining within a
limited area on the navigable waters of Key West, Florida, during a
paddle event lasting eleven hours; (2) Although persons and vessels may
not enter, transit through, anchor in, or remain within the zone
without authorization from the COTP or a designated representative,
they will be able to safely transit around this safety zone; (3)
persons and vessels may still enter, transit through, anchor in, or
remain within the areas during the enforcement period if authorized by
the COTP or a designated representative; and (4) the Coast Guard will
provide advance notification of the zone to the
[[Page 19649]]
local maritime community by Broadcast Notice to Mariners, or by on-
scene designated representatives.
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 will 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 11 hours that will prohibit entry of a zone
within 100 yards directly surrounding race participants. 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.
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.T07-0302 to read as follows:
Sec. 165.T07-0302 Safety Zone; Key West Paddleboard Classic, Key
West, FL.
(a) Location. The following regulated area is a moving safety zone
beginning at Higgs Beach in Key West, Florida, moving west to the area
offshore of Fort Zachary Taylor Historic State Park, moving north
through Key West Harbor, moving east through Fleming Key Cut, moving
south through Cow Key Channel, and moving west returning to Higgs
Beach. The safety zone will extend 100-yards to either side of the race
participants and safety vessels; extend 50 yards in front of the lead
safety vessel preceding the first race participants; and extend 50
yards behind the safety vessel trailing the last race participants.
(b) Definitions. 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 (COTP) Key West 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 Key West or
designated representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) To seek permission to enter, contact COTP Key West or
representative by telephone at (305) 292-8772 or via VHF radio on
channel 16. Those in the security zone must comply with all lawful
orders or directions given to them by the COTP Key West or designated
representative.
[[Page 19650]]
(d) Enforcement period. This section will be enforced from 6 a.m.
to 5 p.m. on May 10, 2025.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2025-08170 Filed 5-8-25; 8:45 am]
BILLING CODE 9110-04-P