[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Proposed Rules]
[Pages 22448-22452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09779]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0159]
RIN 1625-AA00
Safety Zone; Recurring Marine Events, Sector Key West, Florida.
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish moving safety zones for
certain waters within the Sector Key West Captain of the Port (COTP)
Zone for five annually recurring marine events. This action is
necessary to provide for the safety of the participants, participant
vessels, and the general public on the navigable waters of the United
States during these events. When these safety zones are activated and
subject to enforcement, this rule would prohibit persons and vessels,
other than those participating in the event, from entering, transiting
through, anchoring in, or remaining within the regulated area unless
authorized by the COTP Key West or a designated representative. We
invite your comments on this proposed rule.
[[Page 22449]]
DATES: Comments and related material must be received by the Coast
Guard on or before June 15, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0159 using the Federal e-Rulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rulemaking, call or email Lieutenant Scott Ledee, Waterways Management
Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305)
292-8768, e-mail [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, Purpose, and Legal Basis
Swim events and marine events are held on an annual recurring basis
on the navigable waters within the Sector Key West COTP Zone. In the
past, the Coast Guard has established safety zones for these annual
recurring events on a case by case basis to ensure the protection of
the maritime public and event participants from the hazards associated
with these events. This proposed rule will consistently apprise the
public in a timely manner through permanent publication in Title 33 of
the Code of Federal Regulations. The Table in this proposed rule lists
each annual recurring event requiring a regulated area as administered
by the Coast Guard.
By establishing a permanent regulation containing these annual
recurring marine events, the Coast Guard would eliminate the need to
establish temporary rules for events that occur on an annual basis.
The legal basis and authorities for this proposed rule is found in
33 U.S.C. 1231.
III. Discussion of Proposed Rule
The Coast Guard proposes to add five new annually recurring marine
events to 33 CFR 165.786, as listed in the attached Table to Sec.
165.786 The Table provides the event name, the sponsor name, the
location of the event, and the approximate date and time of each event.
The specific times, dates, regulated areas and enforcement period for
each event will be provided through Broadcast Notice to Mariners, a
Notice of Enforcement published in the Federal Register, and the Local
Notice to Mariners which can be found at the following link: https://www.navcen.uscg.gov/?pageName=lnmDistrict®ion=7.
The safety zones created by this proposed rule would cover 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 the safety vessels.
This proposed rule would prevent vessels from transiting areas
specifically designated as safety zones during the periods of
enforcement to ensure the protection of the maritime public and event
participants from the hazards associated with the listed annual
recurring events. No vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP Key West or a
designated representative.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 (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). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and 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 the 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).
We expect the economic impact of this proposed rule to not be
significant. Although this regulation may restrict access to small
portions of the waterway within the Sector Key West COTP Zone, the
effect of this regulation will be minimized for the following reasons:
(1) The safety zones would only be enforced during limited time
intervals during the swim and paddle events; (2) vessels may be
authorized to enter the regulated areas with permission of the COTP Key
West or a designated representative; and (3) advanced notification of
closures will be made via Local Notice to Mariners, Broadcast to
Mariners, and through a Notice of Enforcement published in the Federal
Register.
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
proposed 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 zones may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),
[[Page 22450]]
we want to assist small entities in understanding this proposed 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. The Coast Guard will
not retaliate against small entities that question or complain about
this proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed 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. If
you believe this proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves the
establishment of safety zones. Normally such actions are categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of
Commandant Instruction M16475.lD. 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 proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; Department of Homeland Security Delegation No.
0170.1.
0
2. Add a new Sec. 165.786 to read as follows:
Sec. 165.786 Safety Zone; Recurring Marine Events, Sector Key West,
Florida.
(a) Regulations. (1) In accordance with 33 CFR 165.23, entering,
transiting through, anchoring in, or remaining within the safety zones
listed in the TABLE to Sec. 165.786 during periods of enforcement is
prohibited unless authorized by the Captain of the Port (COTP) Sector
Key West or a designated representative.
(2) These regulations will be enforced for the duration of each
event. Notifications of exacts dates and times of the enforcement
period will be made to the local maritime community through the Local
Notice to Mariners and Broadcast Notice to Mariners and through a
Notice of Enforcement in the Federal Register well in advance of the
events. Mariners should consult the Federal Register or their Local
Notice to Mariners to remain apprised of schedule their Local Notice to
Mariners to remain apprised of schedule or event changes.
(3) During periods of enforcement, upon being hailed by a Coast
Guard vessel by siren, radio, flashing light or other means, the
operator must proceed as directed.
(4) Vessel operators desiring to enter, transit through, anchor in,
or remain
[[Page 22451]]
within the regulated area during the enforcement period shall contact
the COTP Sector Key West or the designated on-scene representative via
VHF channel 16 or call the Sector Key West Command Center at (305) 292-
8727 to obtain permission.
(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 COTP
Key West in the enforcement of the regulated areas.
(c) The COTP Key West or designated representative may delay or
terminate any event in this subpart at any time to ensure safety of
life or property. Such action may be justified as a result of weather,
traffic density, spectator operation, or participant behavior.
(d) The regulated area for all marine events listed in Table 1 of
Sec. 165.786 is that area of 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 safety vessels.
Table to Sec. 165.786
[Datum NAD 1983]
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4.0.......................... APRIL
4.1 Key West Paddle Board Event Type: Paddle Event.
Classic.
Sponsor: Lazy Dog Adventure Outfitters
Dates: A one day event held on the last
weekend in April.
Time (Approximate): 9:00 a.m. to 4:00
p.m., daily.
Location(s): Begins at Higgs Beach in Key
West, Florida at a point Latitude
24[deg]32.81' N., longitude
081[deg]47.20' W., thence west offshore
of Fort Zach State Park to latitude
24[deg]32.72' N., longitude
081[deg]48.77' W., thence north through
Key West Harbor to latitude
24[deg]34.10' N., longitude
081[deg]48.14' W., thence east through
Fleming Cut to latitude 24[deg]34.42'
N., longitude 081[deg]45.08' W., south
on Cow Key Channel to latitude
24[deg]33.04' N., longitude
081[deg]44.98' W., and thence west to
point of origin at latitude
24[deg]32.81' N., longitude
081[deg]47.20' W.
6.0.......................... JUNE
6.1 FKCC Swim Around Key West Event Type: Swim Event.
Sponsor: Florida Keys Community College
Dates: A one day event held on a Saturday
in June.
Time (Approximate): 7:30 a.m. to 4:00
p.m.
Location(s): Begins at Smathers Beach in
Key West, Florida at a point Latitude
24[deg]33.01' N., longitude
081[deg]46.47' W., thence west offshore
of Fort Zach State Park to latitude
24[deg]32.72' N., longitude
081[deg]48.77' W., thence north through
Key West Harbor to latitude
24[deg]34.10' N., longitude
081[deg]48.14' W., thence east through
Fleming Cut to latitude 24[deg]34.42'
N., longitude 081[deg]45.08' W., south
on Cow Key Channel to latitude
24[deg]33.04' N., longitude
081[deg]44.98' W., and thence west to
point of origin at latitude
24[deg]33.01' N., longitude
081[deg]46.47' W.
6.2 Annual Swim Around Key Event Type: Swim Event.
West.
Sponsor: Key West Athletic Association
Dates: A one day event held on a Saturday
in June.
Time (Approximate): 7:30 a.m. to 4:00
p.m.
Location(s): Begins at Smathers Beach in
Key West, Florida at a point Latitude
24[deg]33.01' N., longitude
081[deg]46.47' W., thence west offshore
of Fort Zach State Park to latitude
24[deg]32.72' N., longitude
081[deg]48.77' W., thence north through
Key West Harbor to latitude
24[deg]34.10' N., longitude
081[deg]48.14' W., thence east through
Fleming Cut to latitude 24[deg]34.42'
N., longitude 081[deg]45.08' W., south
on Cow Key Channel to latitude
24[deg]33.04' N., longitude
081[deg]44.98' W., and thence west to
point of origin at latitude
24[deg]33.01' N., longitude
081[deg]46.47' W.
7.0.......................... JULY
7.1 Hemingway Paddle Board Event Type: Paddle Event.
Race.
Sponsor: Hemingway Sunset Run LLC
Dates: A one day event held on the 2nd or
3rd Saturday in July.
Time (Approximate): 6:00 p.m. to 7:30
p.m.
Location(s): Begins at Higgs Beach in Key
West, Florida at a point Latitude
24[deg]32.79' N., longitude
081[deg]47.74' W., thence east to
latitude 24[deg]32.56' N., longitude
081[deg]47.11' W., thence east to
latitude 24[deg]33.01' N., longitude
081[deg]46.47' W., thence west to
latitude 24[deg]32.56' N., longitude
081[deg]47.11' W., and thence west to
point of origin at latitude
24[deg]32.79' N., longitude
081[deg]47.74' W.
9.0.......................... SEPTEMBER
9.1 Swim for Alligator Event Type: Swim Event.
Lighthouse.
Sponsor: Friends of the Pool
Dates: A one day event held on the 3rd
Saturday in September.
Time (Approximate): 7:30 a.m. to 4:30
p.m.
Location(s) (Primary): Beginning 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.
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[[Page 22452]]
Dated: May 8, 2017.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-09779 Filed 5-15-17; 8:45 am]
BILLING CODE 9110-04-P