[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Proposed Rules]
[Pages 54879-54881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21575]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0582]
RIN 1625-AA08


Notice of Proposed Rule Making; Atlantic Ocean, 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 temporary special 
local regulation for the RWO Offshore World Championship on November 
10, 12 and 14, 2021. This action is necessary to ensure safety of life 
on navigable waters on the waters of the Key West Main Ship Channel, 
Key West Turning Basin, and Key West Harbor Entrance in Key West, FL. 
This proposed rulemaking would prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within the 
regulated area without permission from the Captain of the Port Key West 
or a designated representative. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 20, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0582 using the Federal eRulemaking Portal at https://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 about this 
proposed rulemaking, call or email Ensign Vera Max, Sector Key West 
Waterways Management Division, Coast Guard; telephone (305) 292-8768, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On May 7, 2021, Race World Offshore notified the Coast Guard that 
it will be conducting a high speed boat race from 9:30 a.m. to 4:30 
p.m. on November 10, 12, and 14, 2021. Approximately 50 participants 
and 200 spectator craft will attend the event, which will take place in 
the Atlantic Ocean, off the tip of Key West, Florida, on the waters of 
the Key West Main Ship Channel, Key West Turning Basin, and Key West 
Harbor Entrance in Key West, FL. The Captain of the Port Key West has 
determined the potential hazards associated with the high speed boat 
race would be a safety concern for the participants, participant 
vessels, and the general public.
    The purpose of this rulemaking is to protect event participants, 
spectators, and vessels on the navigable waters of the Key West Main 
Ship Channel, Key West Turning Basin, and Key West Harbor Entrance 
before, during, and after the scheduled event. The Coast Guard is 
proposing this rulemaking under authority in 46 U.S.C. 70041.
    The Coast Guard is issuing this notice of proposed rulemaking 
(NPRM) with a 15-day prior notice and opportunity to comment pursuant 
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C. 
553). This provision authorizes an agency to publish a rule in less 
than 30 days before its effective date for ``good cause found and 
published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard 
finds that good cause exists for publishing this NPRM with a 15-day 
comment period because it is impracticable to provide a 30-day comment 
period because we must establish this safety zone by November 10, 2021. 
A 15-day comment period would allow the Coast Guard to provide for 
public notice and comment, but also update the proposed regulation soon 
enough that the length of the notice and comment period does not 
compromise safety.

[[Page 54880]]

III. Discussion of Proposed Rule

    The COTP Key West proposes to establish a temporary special local 
regulation from 9:30 a.m. until 4:30 p.m. each day on November 10, 12, 
and 14, 2021. The proposed special local regulation would consist of 
two regulated areas: (1) A race and safety buffer area and (2) a 
spectator area. These areas would prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within the 
race area or buffer zone and prohibits vessels from transiting at 
speeds that cause wake within the spectator area, unless authorized by 
the Captain of the Port Key West or a designated representative. The 
special local regulation would cover all navigable waters in the 
Atlantic Ocean, off the tip of Key West, Florida, on the waters of the 
Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor 
Entrance. 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 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. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the location, 
duration, and time-of-day of the regulated area. Although persons and 
vessels may not enter, transit through, anchor in, or remain within the 
area without authorization from the COTP or a designated 
representative, they will be able to safely transit around the area. 
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners 
via VHF-FM marine channel 16 about the area, and the rule would allow 
vessels to seek permission to enter the area between race heats.

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 
regulated area 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), 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 call or email 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 call or email 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 Directive 023-01 and Environmental Planning COMDTINST 5090.1 
(series), 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 a 
temporary special local regulation for a 7 hour duration on 3 days that 
would prohibit entry into the race area or buffer zone, and prohibit 
vessels from transiting at speeds that cause wake within the spectator 
area. Normally such actions are categorically excluded from further 
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental 
Consideration 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

[[Page 54881]]

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 https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email 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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing 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: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add a temporary Sec.  100.T799-0582 to read as follows:


Sec.  100.T799-0582  Special Local Regulation; RWO World Championship, 
Key West, FL.

    (a) Locations. The following regulated areas are established as 
special local regulations. All coordinates are North American Datum 
1983.
    (1) Race and Safety Buffer Area. Waters of the Atlantic Ocean of 
Key West, FL that are encompassed within the following points: Starting 
at Point 1 in position 24[deg]32.506' N, 81[deg]49.984' W; thence 
southwest to Point 2 in position 24[deg]32.455' N, 81[deg]49.040' W; 
thence northwest to Point 3 in position 24[deg]32.559' N, 
81[deg]49.584' W; thence northwest to Point 4 in position 
24[deg]32.608' N, 81[deg]49.628' W; thence northwest to Point 5 in 
position 24[deg]33.095' N, 81[deg]49.265' W; thence northeast to Point 
6 in position 24[deg]33.518' N, 81[deg]48.902' W; thence northeast to 
Point 7 in position 24[deg]33.908' N, 81[deg]48.448' W; thence east to 
Point 8 in position 24[deg]33.898' N, 81[deg]48.364' W; thence 
southeast back to origin.
    (2) Spectator Area. All waters of the Atlantic Ocean in Key West, 
FL that are encompassed within the following points: Starting at Point 
1 in position 24[deg]33.123' N, 81[deg]49.290' W; thence northeast to 
Point 2 in position 24[deg]33.545' N, 81[deg]48.923' W; thence east to 
Point 3 in position 24[deg]33.518' N, 81[deg]48.902' W thence southwest 
to point 4 in position 24[deg]33.095' N, 81[deg]49.265' W thence west 
back to origin.
    (b) Definition. As used in this section, the term ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port Key West in the enforcement of the 
safety zone.
    (c) Regulations.
    (1) All non-participant persons and vessels, except those persons 
and vessels participating in the high-speed boat races, are prohibited 
from entering, transiting through, anchoring in, or remaining within 
the regulated areas described in paragraph (a) of this section unless 
authorized by the Captain of the Port Key West or their designated 
representative.
    (2) All persons are prohibited from entering the water or swimming 
in the spectator area described in paragraph (a)(2) of this section.
    (3) All vessels are prohibited from transiting at speeds that cause 
wake within the spectator area described in paragraph (a)(2) of this 
section.
    (4) To seek permission to enter, contact the Captain of the Port 
Key West or a designated representative by telephone at (305) 433-0954, 
or via VHF radio on channel 16. If authorization 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
    (5) The Coast Guard will provide notice of the regulated area by 
Broadcast Notice to Mariners and on-scene designated representatives.
    (d) Enforcement Period. This section will be enforced from 9:30 
a.m. until 4:30 p.m. each day on November 10, 12, and 14, 2021.

    Dated: September 29, 2021.
A. Chamie,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2021-21575 Filed 10-4-21; 8:45 am]
BILLING CODE 9110-04-P