[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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