[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Rules and Regulations]
[Pages 40447-40449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14415]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0557]
RIN 1625-AA00


Safety Zone; Hoonigan Gymkhana Event, Boot Key Harbor, Marathon, 
FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Boot Key Harbor, surrounding Boot Key Harbor Bridge, 
Marathon, FL, during the Hoonigan Gymkhana event. The safety zone will 
include all waters of Boot Key Harbor, 300 feet East and West of the 
Boot Key Harbor Bridge in Marathon, FL, and is necessary to ensure the 
safety of participant vessels, spectators, and the public during the 
event. During the enforcement period, no person or vessel may enter, 
transit through, anchor in, or remain within the designated area unless 
specifically authorized by the Captain of the Port Key West or a 
designated representative.

DATES: This rule is effective from 7:00 a.m. on July 11, 2022, until 
7:30 p.m., on July 12, 2022. The event is scheduled to take place from 
7:00 a.m. to 7:30 p.m. on July 11, 2022, but if there is adverse 
weather on July 11, 2022, the event will be held from 7:00 a.m. until 
7:30 p.m. on July 12, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0557 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 Isaiah Quinones, Waterways Management Division, Sector 
Key West, FL, U.S. Coast Guard; telephone (305) 292-8823, 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 Information and Regulatory History

    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. Doing so would be impracticable and contrary 
to the public interest. The primary justification for this action is 
that the Coast Guard did not receive final details of the event until 
June 27, 2022, and the event is scheduled to take place on July 11, 
2022. Therefore, the Coast Guard lacks sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule. It would be impracticable and contrary to the public 
interest to delay promulgating this rule, as it is necessary to protect 
the safety of participants, spectators, the public, and vessels 
transiting the Boot Key Harbor Bridge.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46 
U.S.C. 70034. The Captain of the Port (COTP) Key West has determined 
that potential hazards associated with the Hoonigan Gymkhana event will 
be a safety concern for anyone within 300 feet East and West of the 
Boot Key Harbor Bridge in Marathon, FL. This rule is necessary to 
ensure the safety of the event participants, the public, vessels, and 
the navigable waters of Marathon, Florida, during the Hoonigan Gymkhana 
event.

IV. Discussion of the Rule

    This rule establishes a safety zone on certain navigable waters of 
Boot Key Harbor near Marathon, FL, during the Hoonigan Gymkhana event. 
The safety zone will encompass all waters of Boot Key Harbor 300 feet 
East and West of the Boot Key Harbor Bridge in Marathon, FL. The event 
is scheduled to take place from 7:00 a.m. to 7:30 p.m. on July 11, 
2022. In case of adverse weather on July 11, 2022, the event will be 
held from 7:00 a.m. until 7:30 p.m. on July 12, 2022. Approximately 10 
spectator craft are anticipated to attend the event. No person or 
vessel will be permitted to enter, transit through, anchor in, or 
remain within the safety zone without first obtaining permission from 
the COTP Key West or a designated representative. If authorization to 
enter, transit through, anchor in, or remain within the safety zone 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. The 
Coast Guard will provide notice of the safety zone by Broadcast Notice 
to Mariners, and potentially by on-scene designated representatives.

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 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 the following 
reasons: (1) the safety zone only being enforced for a total of eleven 
hours and thirty minutes; (2) although persons and vessels may not 
enter, transit through, anchor in, or remain within the zone without 
authorization from the COTP or a designated representative, they may 
operate in the surrounding area during the enforcement period; (3) 
persons and vessels may still enter, transit through, anchor in, or 
remain within the areas during the enforcement period if authorized by 
the COTP or a designated representative.

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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 
entity'' comprises of small businesses and 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 
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 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.

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 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. This rule involves a safety zone that will prohibit 
persons and vessels from entering, transiting through, anchoring in, or 
remaining within a limited area on the navigable waters of Marathon, 
Florida, during the Hoonigan Gymkhana even lasting eleven hours and 
thirty minutes. 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. 1. A Record of Environmental Consideration supporting 
this determination is available in the docket. For instructions on 
locating the docket, see the ADDRESSES section of this preamble.

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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T07-0557 to read as follows:


Sec.  165.T07-0557  Safety Zone; Marathon, Boot Key Harbor Bridge, FL, 
Hoonigan Gymkhana Event.

    (a) Location. The following regulated area is a safety zone: The 
safety zone will encompass all waters of Boot Key Harbor, 300 feet East 
and West of the Boot Key Harbor Bridge in Marathon, FL.
    (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 (COTP) in the enforcement of 
the safety zone.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the COTP Key West or a designated 
representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP Key West 
by telephone at (305) 292-8727, or a designated representative via VHF-
FM radio on channel 16 to request authorization. If authorization is 
granted, all persons and vessels

[[Page 40449]]

receiving such authorization must comply with the instructions of the 
COTP Key West or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Broadcast Notice to Mariners via VHF-FM channel 16, and/or by on-scene 
designated representatives.
    (d) Enforcement period. This section will be enforced from 7:00 
a.m. until 7:30 p.m. on July 11, 2022. In case of adverse weather on 
July 11, 2022, this section will be enforced from 7:00 a.m. until 7:30 
p.m. on July 12, 2022.

    Dated: June 30, 2022.
J.D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2022-14415 Filed 7-6-22; 8:45 am]
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