[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Rules and Regulations]
[Pages 18224-18226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07822]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0066]
RIN 1625-AA00
Safety Zone; 2017 Key West Paddle Classic, Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary moving safety zone
on the waters surrounding Key West, Florida, during the 2017 Key West
Paddle Classic, a paddle board race event. The safety zone is necessary
to ensure the safety of participant vessels, spectators, and the
general public during the event. This regulation prohibits persons and
non-participant vessels from entering, transiting through, anchoring
in, or remaining within the safety zone unless authorized by the
Captain of the Port (COTP) Key West or a designated representative.
DATES: This rule is effective from 7:30 a.m. until 3 p.m. on April 29,
2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0066 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Scott Ledee, Waterways Management Division
Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 292-8768,
email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port
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 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 doing so would be impracticable and
contrary to the public interest. The event is scheduled to take place
on April 29th and the safety zone must be in effect on that date in
order to serve its purpose of ensuring the safety of the public from
hazards associated with paddle events. For those reasons, it would be
impracticable and contrary to the public interest to publish an NPRM.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register for the same reasons stated in the
preceding paragraph.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority in 33
U.S.C. 1231. The purpose of the rule is to ensure the safety of the
event participants, the general public, vessels and the navigable
waters surrounding Key West, Florida, during the 2017 Key West Paddle
Classic event.
IV. Discussion of the Rule
This rule establishes a safety zone on certain navigable waters
surrounding Key West, Florida, during the 2017 Key West Paddle Classic
event. The moving safety zone encompasses all 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 safety vessels. The
event course begins at Higgs Beach in Key West, Florida, moves west to
the area offshore of Fort Zach State Park, north through Key West
Harbor, east through Fleming Key Cut, south through Cow Key Channel,
and west returning back to Higgs Beach. The event is scheduled to take
place from 7:30 a.m. to 3 p.m. on April 29, 2017. Approximately 200
paddle boarders and six safety vessels are anticipated to
[[Page 18225]]
participate in the event. No person or non-participant vessel will be
permitted to enter, transit through, anchor in, or remain within the
safety zone without obtaining permission from the COTP Key West or a
designated representative. If authorization to enter, transit through,
anchor in, or remain within the safety zone is granted by the COTP Key
West or a designated representative, all persons and vessels receiving
such authorization must comply with the instructions of the COTP Key
West or a designated representative. The Coast Guard will provide
notice of the safety zone by Local Notice to Mariners, Broadcast Notice
to Mariners, and/or by on-scene designated representatives.
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
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
E.O.13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See OMB Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017, titled `Reducing Regulation and Controlling
Regulatory Costs''' (February 2, 2017).
The economic impact of this rule is not significant for the
following reasons: (1) Although persons and vessels may not enter,
transit through, anchor in, or remain within the safety zone without
authorization from the COTP Key West or a designated representative,
they may operate in the surrounding area during the enforcement period;
(2) Persons and vessels will still be able to enter, transit through,
anchor in, or remain within the regulated area if authorized by the
COTP Key West or a designated representative; and (3) the Coast Guard
will provide advance notification of the safety zone to the local
maritime community by Local Notice to Mariners, 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'' comprised of small businesses and
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 would 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 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
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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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 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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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
[[Page 18226]]
significant effect on the human environment. 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 water surrounding Key West, Florida, during a paddle
event lasting seven and one-half hours. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A Record of Environmental Consideration (REC)
supporting this determination is 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.
G. 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.
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; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; and Department of Homeland Security Delegation No.
0170.1.
0
2. Add temporary Sec. 165.T07-0066 to read as follows:
Sec. 165.T07-0066 Safety Zone; 2017 Key West Paddle Classic, Key
West, FL.
(a) Location. The following regulated area is a moving safety zone:
All waters extending 100 yards to either side of the race participants
and safety vessels; extending 50 yards in front of the lead safety
vessel preceding the first race participants; and extending 50 yards
behind the safety vessel trailing the last race participants. The event
course begins at Higgs Beach in Key West, Florida, moves west to the
area offshore of Fort Zach State Park, north through Key West Harbor,
east through Fleming Key Cut, south through Cow Key Channel, and west
returning back to Higgs Beach.
(b) Definition. As used in this section, 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 (COTP) Key West in the enforcement of
the regulated areas.
(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 COTP 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 COTP Key West
by telephone at (305) 292-8772, or a designated representative via VHF-
FM radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP 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 via VHF-FM
channel 16, and/or by on-scene designated representatives.
(d) Enforcement period. This rule will be enforced from 7:30 a.m.
until 3 p.m. on April 29, 2017.
Dated: April 13, 2017.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-07822 Filed 4-17-17; 8:45 am]
BILLING CODE 9110-04-P