[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Rules and Regulations]
[Pages 16780-16783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08014]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing 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.

DATES: This rule is effective May 17, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0159 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 
rulemaking, call or email Lieutenant Scott Ledee, Waterways Management 
Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 
292-8768, email [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 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 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. On 
May 16, 2017, the Coast Guard published a notice of proposed rulemaking 
(NPRM) titled Safety Zone; Recurring Marine Events, Sector Key West, 
Florida, 82 FR 22448. There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to these 
recurring marine events. During the comment period that ended June 15, 
2017, we received no comments.
    The legal basis and authorities for this rule is found in 33 U.S.C. 
1231.

III. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published May 
16, 2017. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM. This rule establishes 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

[[Page 16781]]

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 established by this 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 rule prevents 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 appears at the end of this document.

IV. 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on: (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 received no comments from the Small Business 
Administration on this rulemaking. 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 zones may be small entities, for the reasons stated in section 
IV.A above, this rule would 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 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 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 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 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 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 rule under Department of Homeland Security 
Directive 023-01, which guides 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 the establishment of safety 
zones. It is categorically excluded from further review under paragraph 
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 01. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

[[Page 16782]]

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.

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, 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 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]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
4.0                                                   APRIL
------------------------------------------------------------------------
4.1 Key West Paddle Board Classic......  Event Type: Paddle Event.
                                         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 West........  Event Type: Swim Event.
                                         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.

[[Page 16783]]

 
                                         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 Race........  Event Type: Paddle Event.
                                         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 Lighthouse......  Event Type: Swim Event.
                                         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.
------------------------------------------------------------------------


    Dated: April 3, 2018.
Jeffrey A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2018-08014 Filed 4-16-18; 8:45 am]
 BILLING CODE 9110-04-P