[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Rules and Regulations]
[Pages 35948-35951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14652]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2014-0073]
RIN 1625-AA08
Special Local Regulation; Annual Swim Around Key West, Atlantic
Ocean and Gulf of Mexico; Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the waters of the Atlantic Ocean and the Gulf of Mexico surrounding the
island of Key West, Florida during the Annual Swim around Key West on
June 28, 2014. The event entails a large number of participants who
will begin at Smather's Beach and swim one full circle clockwise around
the island of Key West, Florida. The special local regulation is
necessary to provide for the safety of the spectators, participants,
participating support vessels and kayaks, and other vessels and users
of the waterway during the event. The special local regulation will
consist of a moving area that will temporarily restrict vessel traffic
in a portion of both the Atlantic Ocean and the Gulf of Mexico, and
will prevent non-participant vessels from entering, transiting through,
anchoring in, or remaining within the area unless authorized by the
Captain of the Port Key West or a designated representative.
DATES: This rule is effective and will be enforced from 7:30 a.m. until
3:30 p.m. on June 28, 2014.
[[Page 35949]]
ADDRESSES: 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 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Ian Bowes, Sector
Key West Prevention Department, U.S. Coast Guard; Telephone (305) 292-
8823, email [email protected]. If you have questions on viewing or
submitting material to the docket, call Cheryl Collins, 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 published a NPRM on March 18, 2014. No comments
were received. No public meeting has been requested.
The Administrative Procedure Act (APA) (5 U.S.C. 553(d)(3))
authorizes an agency to publish a rule less than 30 days before its
effective date when the agency for good cause finds that waiting 30
days would be ``impracticable, unnecessary, or contrary to the public
interest.'' The Coast Guard finds that good cause exists for making
this rule effective less than 30 days after publication in the Federal
Register. As stated above, we published the NPRM on these special local
regulations on March 18, 2014 (78 FR 33221), and we received no
comments on the proposed rule. Delaying this regulation's effective
date for 30 days would be impracticable and would be contrary to the
public interest as immediate action is needed to ensure the safety of
the event participants, spectator craft, and other vessels transiting
the event area. A special local regulation is in the public interest in
making this a safe event. The Coast Guard will provide advance notice
of the special local regulation by Local Notice to Mariners, Broadcast
Notice to Mariners, and on-scene designated representatives.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
rule is to ensure safety of life and property on navigable waters of
the United States during the Annual Swim around Key West, FL.
C. Discussion of the Final Rule
The special local regulation encompasses certain waters of the
Atlantic Ocean and Gulf of Mexico. The special local regulation will be
enforced on Saturday, June 28, 2014 from 7:30 a.m. until 3:30 p.m. The
special local regulation consists of a moving race area where all
persons and vessels, except those participating in the race nor serving
as safety vessels, are prohibited from entering, transiting through,
anchoring in, or remaining within these areas unless authorized by the
Captain of the Port Key West or a designated representative. The race
area will commence at Smather's Beach at 7:30 a.m., transit West to the
area offshore of Fort Zach State Park, North through Key West Harbor,
East through Fleming Cut, South on Cow Key Channel and West back to
origin. Safety vessels will precede the first participating swimmers
and follow the last participating swimmers. This event poses
significant risks to participants, spectators, and the boating public
because of the large number of swimmers and recreational vessels that
are expected in the area of the event. The special local regulation is
necessary to ensure the safety of participants, spectators, and vessels
from the hazards associated with the event.
The special local regulation will be enforced from 7:30 a.m. to
3:30 p.m. on June 28, 2014. Persons and vessels who are neither
participating in the race or serving as safety vessels may not enter,
transit through, anchor in, or remain within the regulated area unless
authorized by the Captain of the Port Key West or a designated
representative.
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 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 the designated representative. The Coast Guard will provide notice
of the special local regulation 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 a number of these statutes or 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 rule will be enforced for a total of only 8
hours; (2) Non-participant persons and vessels may enter, transit
through, anchor in, or remain within the regulated area during the
enforcement period if authorized by the Captain of the Port Key West or
a designated representative; (3) vessels not able to enter, transit
through, anchor in, or remain within the regulated area without
authorization from the Captain of the Port Key West or a designated
representative may operate in the surrounding areas during the
enforcement period; and (4) advance notification of the event will be
made to the local maritime community via local notice to mariners,
marine safety information bulletins, 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
[[Page 35950]]
entities: Owners or operators of vessels intending to enter, transit
through, anchor in, or remain within the regulated are during the
enforcement period. For the reasons discussed in Regulatory Planning
and Review section above, this rule will not have a significant
economic impact on a substantial number of small entities. If you think
that your business, organization, or governmental jurisdiction
qualifies as a small entity and that this rule would have a significant
economic impact on it, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and how and to what degree this
rule would economically affect it.
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 will not call for a 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 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 would 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 would 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 would not create an
environmental risk to health or risk to safety that might
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 would 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 rule 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 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 special local regulation issued in
conjunction with a regatta or marine parade. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. An environmental analysis checklist supporting
this determination and a Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 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: 33 U.S.C. 1233.
0
2. Add a temporary Sec. 100.35T07-0073 to read as follows:
Sec. 100.35T07-0073 Special Local Regulation; Annual Swim around Key
West, Atlantic Ocean and Gulf of Mexico; Key West, FL.
(a) Regulated Area. The following regulated area is established as
a special local regulation. All waters within a moving zone, beginning
at Smather's Beach in Key West, FL. The regulated area will move, West
to the area offshore of Fort Zach 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
[[Page 35951]]
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.
(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, except authorized
race participants or safety vessels, are prohibited from entering,
transiting through, anchoring in, or remaining within the race area.
Persons and vessels desiring to enter, transit through, anchor in, or
remain within the race 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 with the race area, is
granted by the Captain of the Port Key West or a designated
representative.
(2) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
(d) Enforcement Date. This rule will be enforced from 7:30 a.m. to
3:30 p.m. June 28, 2014.
Dated: June 2, 2014.
A.S. Young, Sr.,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2014-14652 Filed 6-24-14; 8:45 am]
BILLING CODE 9110-04-P