[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&region=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