[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]]
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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.
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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.
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\1\ 88 FR 76159.
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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.
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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