[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Rules and Regulations]
[Pages 41820-41822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13766]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0508]
RIN 1625-AA00


Safety Zone; Marathon July 4th Fireworks, Marathon, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters surrounding Marathon, Florida, during the Marathon July 4th 
Fireworks event. The safety zone will encompass a 200-yard radius on 
Sombrero Beach. The safety zone is necessary to ensure the safety of 
participant vessels, spectators, and the general public during the 
event. Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Key West or a 
designated representative.

DATES: This rule is effective from 8 p.m. until 10 p.m. on July 4, 
2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2023-0508 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Hailye Wilson, Waterways Management Division, 
Sector Key West, U.S. Coast Guard; telephone 305-292-8772, 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

[[Page 41821]]

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 doing so would be impracticable and contrary to 
the public interest. The Coast Guard did not receive final details of 
the event until June 1, 2023, and the event is scheduled to take place 
on July 4, 2023. The event would begin before the rulemaking process 
would be completed. Because of the dangers posed by the fireworks 
display, a safety zone is necessary without delay to ensure the safety 
of persons, vessels, and the marine environment. It is impracticable 
and contrary to the public interest to delay this rule because it is 
necessary to protect personnel, vessels, and the marine environment 
from potential hazards created by the fireworks display.
    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 fireworks 
display.

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 the Marathon July 4th Fireworks 
event will be a safety concern for anyone within a 200-yard radius from 
position 24[deg]41.470' N, 081[deg]05.205' W, on Sombrero Beach near 
Marathon, FL. This rule is necessary to ensure the safety of the event 
participants, the general public, vessels and the navigable waters of 
Marathon, Florida, during the Marathon July 4th Fireworks event.

IV. Discussion of the Rule

    This rule establishes a safety zone on certain navigable waters of 
Marathon, FL, during the Marathon July 4th Fireworks event. The safety 
zone will encompass a 200-yard radius from position 24[deg]41.470' N, 
081[deg]05.205' W, on Sombrero Beach. The safety zone will be enforced 
from 8 p.m. to 10 p.m. on July 4, 2023. Approximately 300 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 obtaining permission from the COTP or a designated 
representative. If authorization to enter, transit through, anchor in, 
or remain within the safety zone is granted by the COTP or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the COTP or a designated 
representative. The Coast Guard will provide notice of the safety zone 
by Broadcast Notice to Mariners, and/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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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 safety zone. 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 Key West, Florida, during a firework display 
lasting thirty minutes. 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 will 
be able to safely transit around the safety zone. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule would allow vessels to seek 
permission to enter the zone.

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 
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

[[Page 41822]]

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.

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, 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 Key West, Florida, during a firework display 
lasting 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T07-0508 to read as follows:


Sec.  165.T07-0508  Safety Zone; Marathon July 4th Fireworks, Marathon, 
FL.

    (a) Location. The following regulated area is a safety zone: All 
waters encompassing a 200-yard radius from position 24[deg]41.470' N, 
081[deg]05.205' W, on Sombrero Beach near Marathon, FL. All coordinates 
are North American Datum 1983.
    (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 described in paragraph (a) of this section unless 
authorized by the COTP 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 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 
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 8 p.m. 
until 10 p.m. on July 4, 2023.

    Dated: June 22, 2023.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2023-13766 Filed 6-27-23; 8:45 am]
BILLING CODE 9110-04-P