[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Rules and Regulations]
[Pages 9503-9505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02454]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0986]
RIN 1625-AA00


Safety Zone; Ordnance Locations, Near Sugarloaf Key, FL

AGENCY: Coast Guard, DHS.

ACTION: Interim temporary final rule and request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the Florida Keys, near Sugarloaf Key, Florida. The safety 
zone is needed to protect safety of life, vessels, and the marine 
environment from potential hazards from recently discovered ordnance in 
two locations within the vicinity of American Shoal Light. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP) Key West or a designated 
representative.

DATES: This rule is effective without actual notice from February 7, 
2017 until July 1, 2017. For the purposes of enforcement, actual notice 
will be used from January 17, 2017 until February 7, 2017.
    Comments and related material must be received by the Coast Guard 
on or before March 9, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0986 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. Coast Guard; telephone 305-292-8768, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On October 24, 2016, the Coast Guard received a report of 
discovered ordnance at two locations in the vicinity of American Shoal 
Light, near Sugarloaf Key, Florida. The United States Navy is now 
engaged in operations to survey and remove any hazards associated with 
the recently discovered ordnance.
    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 the Coast Guard did not receive 
notice of the unexploded ordnance operations until October 24, 2016. 
Publishing a NPRM and delaying its effective date would be 
impracticable and contrary to public interest because immediate actions 
is needed to protect the United States Navy divers, other vessels, and 
mariners from the hazards associated with the recovery of unexploded 
ordnance from the navigable waters of the Florida Keys, near Sugarloaf 
Key, Florida.
    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 for the same reasons discussed 
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Key West, FL, has determined that potential hazards 
associated with detonating ordnance will be a safety concern for anyone 
within a 200-yard radius of positions 24[deg]32.511' N., 
081[deg]29.051' W. and 24[deg]32.501' N., 081[deg]32.781' W. This rule 
is needed to protect safety of life, vessels, and the marine 
environment in the navigable waters within the safety zone.

IV. Discussion of the Interim Temporary Final Rule

    This rule establishes a safety zone immediately until the earlier 
of July 1,

[[Page 9504]]

2017, or when all ordnance recovery dive operations are complete. The 
safety zone will cover all navigable waters within a 200-yard radius of 
positions 24[deg]32.511' N., 081[deg]29.051' W. and 24[deg]32.501' N., 
081[deg]32.781' W. The duration of the zone is intended to protect 
personnel, vessels, and the marine environment in these navigable 
waters from exploding ordnances. No vessel or person will be permitted 
to enter the safety zone without obtaining permission from the COTP or 
a designated representative.

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

    Executive Orders 12866 and 13563 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. Vessel traffic will be able 
to safely transit around this safety zone, which will impact a small 
designated area of the Straits of Florida for a limited period during 
emergency operations.

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 rule 
will 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 above.

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 significant effect on the human environment. This 
rule involves an emergency safety zone implemented to protect persons 
and vessels in the vicinity of American Shoal Light. It is 
categorically excluded from further review under paragraph 34(g) 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.

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.

VI. 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,

[[Page 9505]]

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 rulemaking 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.

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, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add temporary Sec.  165.T07-0986 to read as follows:


Sec.  165.T07-0986  Safety Zone; Ordnance Locations, near Sugarloaf 
Key, FL.

    (a) Regulated area. The following area is a safety zone: All waters 
of the Atlantic Ocean, from surface to bottom, encompassed within a 
200-yard radius of positions 24[deg]32.511' N., 081[deg]29.051' W. and 
24[deg]32.501' N., 081[deg]32.781' W. All coordinates are North 
American Datum 1983.
    (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) The general regulations contained in 
Sec. Sec.  165.20 and 165.23 apply.
    (2) In accordance with the general regulations, anchoring and all 
underwater activities within the safety zone is prohibited unless 
authorized by the COTP or the COTP's designated representative.
    (3) Persons and vessels may request authorization to enter, transit 
through, or anchor in the regulated area by contacting the COTP Key 
West or a designated representative via VHF channel 16 or call the 
Sector Key West Command Center by telephone at (305) 292-8808. If 
authorization 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.
    (4) Notwithstanding anything contained in this section, the Rules 
of the Road (33 CFR Chapter I, Subchapter E, part 83-90 inland 
navigation rules) are still in effect and must be strictly adhered to 
at all times.
    (d) Effective period. This rule is effective until the earlier of 
July 1, 2017, or when all ordnance recovery dive operations are 
complete. This rule is effective with actual notice for purposes of 
enforcement on January 17, 2017.
    (e) Informational broadcasts. The COTP Key West or a designated 
representative will inform the public through local broadcast to 
mariners, broadcast notices to mariners, and the Homeport Web site of 
the enforcement period for the safety zone as well as any changes in 
the dates and times of enforcement.

    Dated: January 17, 2017.
J.A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-02454 Filed 2-6-17; 8:45 am]
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