[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Proposed Rules]
[Pages 15071-15074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05864]


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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; 38th Annual Swim Around Key West, 
Atlantic Ocean and Gulf of Mexico; Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish 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 38th 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. The proposed special local 
regulation is necessary to provide for the safety of the spectators, 
participants, participating support vessels and kayaks, and the general 
public during the event. The proposed 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: Comments and related material must be received by the Coast 
Guard on or before April 17, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this Notice 
of Proposed Rulemaking, call or email Marine Science Technician First 
Class Ian G. Bowes, Sector Key West Prevention Department, U.S. Coast 
Guard; telephone (305) 292-8823, email [email protected]. If you 
have questions on viewing 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. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by 
submitting comments and related materials. All comments received will 
be posted without change to http://www.regulations.gov and will include 
any personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2014-0073 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to

[[Page 15072]]

know that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2014-0073 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's 
authority to establish special local regulations: 33 U.S.C. 1233. The 
purpose of the proposed rule is to protect race participants, 
participant vessels, spectators, and the general public from the 
hazards associated with the event.

C. Discussion of Proposed Rule

    The 38th Annual Swim around Key West will take place 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. The proposed 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. It consists of a moving race area where all persons and 
vessels, except those participating in the race or 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 proposed special local regulation is necessary 
to ensure the safety of participants, spectators, and vessels from the 
hazards associated with the event.
    The proposed 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 nor 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 a 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 proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed 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 proposed rule is not significant for 
the following reasons: (1) The special local regulation will only be 
enforced for eight hours; (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 special local regulation 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 proposed 
rule will not have a significant economic impact on a substantial 
number of small entities. This proposed 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 and the Gulf of Mexico 
encompassed within the special local regulation from 7:30 a.m. until 
3:30 p.m. on June 28, 2014. For the reasons discussed in the Regulatory 
Planning and Review section above, this proposed rule will not have a 
significant

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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 rulemaking 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 rulemaking 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 proposed rule. If the rulemaking 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 above. 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.

4. Collection of Information

    This proposed 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 proposed rule under that Order and 
determined that this proposed 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
rulemaking elsewhere in this preamble.

8. Taking of Private Property

    This proposed 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rulemaking 
and does not create an environmental risk to health or risk to safety 
that may disproportionately affect children.

11. Indian Tribal Governments

    This proposed 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 because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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 (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 proposed rule is categorically excluded, under Figure 
2-1, paragraph (34)(g), of the Instruction. This proposed rule involves 
establishing a special local regulation that will be enforced for a 
total of eight hours. 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 100

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard propses 
to amend 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.T07-0073 to read as follows:


 Sec.  100.T07-0073  Special Local Regulation; 38th Annual Swim around 
Key West, Atlantic Ocean and Gulf of Mexico; Key West.

    (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 regulated area will at all times 
remain approximately 50 yards offshore of the island of Key West; 
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

[[Page 15074]]

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 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 effective from 7:30 a.m. until 
3:30 p.m. on June 28, 2014.

    Dated: February 24, 2014.
A. S. Young Sr.,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2014-05864 Filed 3-17-14; 8:45 am]
BILLING CODE 9110-04-P