[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73251-73253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26006]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0908]
RIN 1625-AA00


Safety Zone; 25th Annual Key West Paddle Classic, 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 safety zone on 
certain navigable waters of the Atlantic Ocean and adjoining waterways, 
surrounding Key West, Florida, during the 25th Annual Key West Paddle 
Classic event. The safety zone is necessary to ensure the safety of 
event participants and spectators. Persons and non-participant vessels 
are prohibited from entering, transiting through, anchoring in, or 
remaining within the safety zone unless authorized by the Captain of 
the Port (COTP) Key West or a designated representative.

DATES: This rule is effective from 8 a.m. until 3 p.m. on December 3, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2022-0908 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

[[Page 73252]]

email Lieutenant Junior Grade Hailye Reynolds, 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 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 because it is impracticable and contrary to 
the public interest. The primary justification for this action is that 
the Coast Guard did not receive final details from the event sponsor 
for this year's event within the reporting threshold requirements. The 
Coast Guard has an existing safety zone for this event in 33 CFR 
165.786, Table to Sec.  165.786, Item No. 4.1; however, the existing 
regulation only covers the event when it is scheduled on the last 
weekend of April. 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 waters adjacent to Key West, FL.
    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 
December 3, 2022, 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 the authority in 46 
U.S.C. 70034. The Captain of the Port Key West (COTP) has determined 
that potential hazards associated with open water swim events will be a 
safety concern for persons and vessels in the regulated area. This rule 
is needed to ensure the safety of the event participants, the general 
public, vessels and the marine environment in the navigable waters 
within the safety zone during the 25th Annual Key West Paddle Classic 
paddle board event.

IV. Discussion of the Rule

    This rule establishes a moving safety zone on December 3, 2022 for 
a period of 7 hours, from 8 a.m. until 3 p.m. The moving safety zone 
will 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 safety vessels. The event course 
begins at Higgs Beach in Key West, Florida, moves west to the area 
offshore of Fort Zachary Taylor Historic State Park, north through Key 
West Harbor, east through Fleming Key Cut, south through Cow Key 
Channel, and west returning back to Higgs Beach. The event is scheduled 
to take place from 8 a.m. until 3 p.m. Approximately 150 paddle 
boarders and five safety vessels are anticipated to participate in the 
event. The safety zone is intended to protect personnel, vessels, and 
the marine environment in these navigable waters during the event. 
Persons and non-participant vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the safety zone 
without 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 Local Notice to Mariners, Broadcast Notice to Mariners, 
or 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. 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 following 
reasons: (1) the temporary safety zone will only be enforced for a 
total of 7 hours; (2) although persons and vessels may not enter, 
transit through, anchor in, or remain within the safety 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.

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 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 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.

[[Page 73253]]

    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 
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 
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. The regulated area will impact small designated areas of 
the Atlantic Ocean and Gulf of Mexico around Key West, Florida, for 
only 7 hours and thus is limited in time and scope. 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; 46 U.S.C. 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.T07-0908 to read as follows:


Sec.  165.T07-0908   Safety Zone; 25th Annual Key West Paddle Classic, 
Key West, FL.

    (a) Location. The following regulated area is a moving safety zone: 
All waters extending 100 yards to either side of the race participants 
and safety vessels; extending 50 yards in front of the lead safety 
vessel preceding the first race participants; and extending 50 yards 
behind the safety vessel trailing the last race participants. The event 
course begins at Higgs Beach in Key West, Florida, moves west to the 
area offshore of Fort Zachary Taylor Historic State Park, north through 
Key West Harbor, east through Fleming Key Cut, south through Cow Key 
Channel, and west returning back to Higgs Beach.
    (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) 292-8772, or a designated representative via VHF-
FM radio on channel 16 to request authorization. If authorization is 
granted, all persons and vessels 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 
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM 
channel 16, or the COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 8 a.m. 
until 3 p.m. on December 3, 2022.

    Dated: November 23, 2022.
J.D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2022-26006 Filed 11-28-22; 8:45 am]
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