[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Rules and Regulations]
[Pages 17094-17096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06439]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0077]
RIN 1625-AA00
Safety Zone; 2013 Naval Air Station Key West Air Spectacular,
Boca Chica Channel; Boca Chica, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Boca Chica Channel in Boca Chica, Florida, during the
2013 Naval Air Station Key West Air Spectacular. The safety zone is
necessary to provide for the safety of life on navigable waters during
the air show and air show practices. Persons and vessels are prohibited
from entering, transiting through, anchoring in, or remaining within
the safety zone unless authorized by the Captain of the Port Key West
or a designated representative.
DATES: This rule is effective from 12 p.m. on March 21, 2013, until
4:30 p.m. on March 24, 2013. This rule is enforced from 12 p.m. until 1
p.m., 1:30 p.m. until 2:30 p.m., and 3:30 p.m. until 5:30 p.m. on March
21, 2013, and from 2:30 p.m. until 4:30 p.m. on March 22, 23 and 24,
2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0077]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Marine Science Technician First
Class William G. Winegar, Sector Key West Prevention Department, Coast
Guard; telephone (305) 292-8809, email [email protected]. If
you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final 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 because it is impracticable. The Coast Guard
did not receive necessary information from the United States Navy about
the event until February 5, 2013; The Navy is anticipating this event
taking place as scheduled. As a result, the Coast Guard did not have
sufficient time to publish an NPRM and to receive public comments prior
to the event. Any delay
[[Page 17095]]
in the effective date of this rule would be impracticable because
immediate action is needed to minimize potential danger to spectator
vessels, and the general public.
For the same reason discussed above, 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.
B. Basis and Purpose
On March 21 through 24, 2013, The United States Navy is hosting an
air show on NAS Key West which includes a show performed by the Blue
Angels. The event will be held on NAS Key West, Boca Chica, but low
flight areas extend into Boca Chica Channel located west of Boca Chica,
Florida. The Blue Angels will be performing aerobatic maneuvers above
NAS Key West and Boca Chica Channel. Spectator vessels are anticipated
to be present during the air show.
The purpose of the rule is to protect spectator vessels, and the
general public from the hazards associated with low flying aircraft
during the air show.
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
C. Discussion of the Final Rule
The Coast Guard is establishing a safety zone that encompasses
certain waters of the Boca Chica Channel located west of Boca Chica,
Florida. The safety zone will be enforced from 12 p.m. until 1 p.m.,
1:30 p.m. until 2:30 p.m., and 3:30 p.m. until 5:30 p.m. on March 21,
2013, and 2:30 p.m. until 4:30 p.m. on March 22 through the 24, 2013.
The safety zone encompasses all waters within a pre-designated box
offshore of NAS Key West on Boca Chica where all persons and vessels,
except those persons and vessels participating in the air show, are
prohibited from entering, transiting, anchoring, or remaining. Persons
and vessels may request authorization to enter, transit through, anchor
in, or remain within the safety zone by contacting the Captain of the
Port Key West by telephone at 305-292-8727, or a designated
representative via VHF radio on channel 16. If authorization to enter,
transit through, anchor in, or remain within the race area is granted
by the Captain of the Port Key West or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Key West or a designated
representative. The Coast Guard will provide notice of the regulated
area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-
scene designated representatives.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will only be enforced for four
hours on March 21, 2013 and for two hours each day thereafter; (2)
vessel traffic in the area is expected to be minimal during the
enforcement period; (3) although persons and vessels will not be able
to enter, transit through, anchor in, or remain within the safety zone
without authorization from the Captain of the Port Key West or a
designated representative, they may operate in the surrounding area
during the enforcement period; (4) persons and vessels may still enter,
transit through, anchor in, or remain within the safety zone if
authorized by the Captain of the Port Key West or a designated
representative; and (5) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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. This rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Atlantic Ocean encompassed within the safety zone from 12 p.m. until 1
p.m., 1:30 p.m. until 2:30 p.m., and 3:30 p.m. until 5:30 p.m. on March
21, 2013, and 2:30 p.m. until 4:30 p.m. on March 22 through the 24,
2013. For the reasons discussed in the Regulatory Planning and Review
section above, this rule will not have a significant economic impact on
a substantial number of small entities.
3. Assistance for Small Entities
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
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
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
[[Page 17096]]
determined that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact 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.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under Figure 2-1, paragraph (34)(g), of
the instruction. This rule involves establishing a temporary safety
zone that will be enforced for a total of four hours on March 21, 2013
and for two hours each day thereafter. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.
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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a temporary Sec. 165.T07-0956 to read as follows:
Sec. 165.T07-0956 Safety Zone; Naval Air Station Key West Air
Spectacular, Atlantic Ocean, Boca Chica, FL.
(a) Regulated Area. All waters of the Atlantic Ocean located west
of Boca Chica encompassed within an imaginary line connecting the
following points: starting at Point 1 in position 24[deg]33'48'' N,
81[deg]43'02'' W; thence north to Point 2 in position 24[deg]34'18'' N,
81[deg]43'08'' W; thence east to Point 3 in position 24[deg]34'28'' N,
81[deg]42'22'' W; thence southwest following the shoreline back to
origin. All persons and vessels, except those persons and vessels
participating in the air show, are prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone. All
coordinates are North American Datum.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Key West in the enforcement of the regulated area.
(c) Regulations.
(1) All persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within the regulated
area unless authorized by the Captain of the Port Key West or a
designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Key West by telephone at (305) 292-8727, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Key West or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Key West or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective Date. This rule is enforced from 12 p.m. until 1
p.m., 1:30 p.m. until 2:30 p.m., and 3:30 p.m. until 5:30 p.m. on March
21, 2013, and from 2:30 p.m. until 4:30 p.m. on March 22 through the
24, 2013.
Dated: March 4, 2013.
A. S. Young Sr.,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2013-06439 Filed 3-19-13; 8:45 am]
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