[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 60763-60766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23865]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

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


Special Local Regulation; Atlantic Ocean, Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for power boat races. 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 regulation prohibits 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.

[[Page 60764]]


DATES: This rule is effective from 9:30 a.m. on November 10, 2021, 
until 4:30 p.m. on November 14, 2021. This rule will only be subject to 
enforcement from the hours of 9:30 a.m. to 4:30 p.m., on November 10, 
12, and 14, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0582 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 Junior Grade 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 7, 2021, Race World Offshore notified the Coast Guard that 
it would be conducting high-speed boat races from 9:30 a.m. until 4:30 
p.m. each day on November 10, 12, and 14, 2021. Approximately 50 
participants and 200 spectator craft are expected to 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. In 
response, on October 5, 2021, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled, ``Special Local Regulation; Atlantic 
Ocean, Key West, FL'' (86 FR 54879). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this power boat race event.
    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. Delaying the effective date of 
this rule would be impracticable because the event is taking place on 
November 10, 12, and 14, 2021, and immediate action is needed to 
respond to the potential safety hazards associated with this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port Key West (COTP) has determined that 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 rule 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received six comments on our NPRM published 
October 5, 2021. Four comments were in support of the rule, citing the 
need for safety around this large event. One comment was in support of 
the rule, but pointed out the possible effects on small entities and 
their options for working with the Coast Guard to mitigate those 
effects, as discussed in section V.B of this rule. We received one 
comment that raised concerns about the West Indian Manatee, calling for 
measures to be in place to account for injuries to manatees and other 
species that could be harmed by the high-speed boat races. The Coast 
Guard has conducted outreach with several state and federal agencies, 
including the Florida Keys National Marine Sanctuary and U.S. 
Department of Fish and Wildlife, through the Environmental Analysis 
discussed in Section V.F. The sponsor has provided a safety plan, 
including measures for protection of manatees. There are no changes in 
the regulatory text of this rule from the proposed rule in the NPRM.
    This rule establishes a temporary special local regulation that 
will be subject to enforcement from 9:30 a.m. until 4:30 p.m. on 
November 10, 12, and 14, 2021. The temporary special local regulation 
consists of two regulated areas: (1) Race and safety buffer area, and 
(2) spectator area. These areas prohibit persons and vessels from 
entering, transiting through, anchoring in, or remaining within the 
race area or buffer zone and prohibit vessels from transiting at speeds 
that cause wake within the spectator area, unless authorized by the 
COTP Key West or a designated representative. The temporary special 
local regulation covers 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.

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. 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).
    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 will issue a Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the area, and the rule will 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 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 
regulated area 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

[[Page 60765]]

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 call or 
email 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 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 rule will 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, Rev. 1, associated implementing instructions, 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 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. Additionally, the event 
sponsor has provided a marine protection plan that includes aerial and 
on-water monitoring and provisions for halting the race should any 
manatees or turtles be observed in or near the race area. This rule 
involves a temporary special local regulation lasting 7 hours on 3 days 
that will prohibit entry into the race area or buffer zone, and 
prohibit vessels from transiting at speeds that cause wake within the 
spectator area. It is categorically excluded from further review under 
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this 
determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email 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 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
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 temporary Sec.  100.T799-0582 to read as follows:


Sec.  100.T799-0582   Special Local Regulation; Power Boat Races, 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.

[[Page 60766]]

    (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. on November 10, 12, and 14, 2021.

    Dated: October 28, 2021.
A. Chamie,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2021-23865 Filed 11-3-21; 8:45 am]
BILLING CODE 9110-04-P