[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Proposed Rules]
[Pages 76159-76162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24470]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0690]
RIN 1625-AA08


Special Local Regulations; Recurring Marine Events, Sector Key 
West, Update

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise existing regulations by 
updating the table for existing events in the Seventh Coast Guard 
District Captain of the Port (COTP) Key West. This action is necessary 
to provide for the safety of life on these navigable waters in Key 
West, FL. Through this notice, the current list of recurring special 
local regulations is updated with the removal of an event that no 
longer takes place, the addition of two events, and revisions to 
existing events. When these special local regulations are enforced, 
certain restrictions are placed on marine traffic in specified areas. 
The Coast Guard invites your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 6, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0690 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 Lieutenant Hailye Wilson, Sector Key 
West, Waterways Management Division, Coast Guard; telephone (305) 292-
8768 (ext. 768), 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

[[Page 76160]]

II. Background, Purpose, and Legal Basis

    The Coast Guard proposes to amending and updating the annual 
recurring special local regulations for events in the geographic 
boundaries of the Seventh Coast Guard District Captain of the Port 
(COTP) Key West Zone that are listed in 33 CFR 100.701, paragraph (b) 
in Table 1 to Sec.  100.701. The proposed rule would ensure that the 
public is informed of the most up to date recurring special local 
regulations. The current list under Sec.  100.701, paragraph (b) in 
Table 1 to Sec.  100.701 requires amendments to existing special local 
regulations, adds two new special local regulations expected to recur 
annually, and removes a special local regulation that is no longer 
required. The Coast Guard proposes this rulemaking under authority in 
46 U.S.C. 70041.

III. Discussion of Proposed Rule

    This rule proposes to make the following changes in 33 CFR 100.701 
to paragraph (b) in Table 1 to Sec.  100.701:
    1. Removing the Yachting Key West Race Week special local 
regulation (SLR) from Line 1 since this event no longer occurs in the 
COTP Key West zone.
    2. Moving the existing SLR in Line 2 to Line 1.
    3. Moving the SLR in Line 3 to Line 2 and changing the date from 
the ``1st Weekend of June'' to ``One Saturday in June.'' There will 
also be non-substantive changes made to spelling and word usage for 
this SLR. In addition, a contingency will be added stating, ``Depending 
on the weather on the day of race, the racecourse might proceed 
counterclockwise to accommodate for current and wind.''
    4. Inserting a new SLR in Line 3 for the Annual Swim Around Key 
West.
    5. Inserting a new SLR in Line 4 for the Alligator Reef Lighthouse 
Swim/Friends of The Pool, Inc. and;
    6. Moving the existing SLR in Line 4 to Line 5, and changing the 
event sponsor name from ``Super Boat International Productions, Inc.'' 
to ``Race World Offshore.''
    Marine events listed in paragraph (b) of Table 1 to Sec.  100.701 
are listed as recurring over a particular time, during each month and 
each year. Exact dates are intentionally omitted since calendar dates 
for specific events change from year to year. Once dates for a marine 
event are known, the Coast Guard notifies the public it intends to 
enforce the special local regulation through various means including a 
notice of enforcement published in the Federal Register, Local Notice 
to Mariners, and Broadcast Notice to Mariners.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB).
    This regulatory action determination is based on the size, 
location, and duration of the special local regulations. These areas 
are limited in size and duration, and usually do not affect high vessel 
traffic areas. Moreover, the Coast Guard would provide advance notice 
of the regulated areas to the local maritime community by Local Notice 
to Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16, 
and the rule would allow vessels to seek permission to enter the 
regulated area.

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 
safety zone 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 contact 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 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

[[Page 76161]]

$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, 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 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 revising 
an existing recurring event to reflect a date and time change for the 
event. Normally such actions are categorically excluded from further 
review under paragraphs L61 in Table 3-1 of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1, because it involves a revised 
special local regulation related to a marine event permit for marine 
parades, regattas, and other marine events. 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 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0690 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions webpage. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 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. In Sec.  100.701, revise paragraph (b) of Table 1 to Sec.  100.701 
to read as follows:


Sec.  100.701  Special Local Regulations; Marine Events in the Seventh 
Coast Guard District.

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                                            Table 1 to Sec.   100.701
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           Number/date                     Event               Sponsor                     Location
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                                                  * * * * * * *
                                                         (b) COTP Zone Key
                                                          West; Special
                                                          Local Regulations.
1. Last Friday in April..........  Conch Republic Navy   Conch Republic       Location: All waters approximately
                                    Parade and Battle.    Navy, LLC.           150 yards offshore from Ocean Key
                                                                               Sunset Pier, Mallory Square and
                                                                               Pier B within the Key West Harbor
                                                                               in Key West, Florida.
2. One Saturday in June..........  Swim Around Key West  Florida Keys         Location: Beginning at Smathers
                                                          Community College.   Beach in Key West, Florida. The
                                                                               regulated area will move, west to
                                                                               the area offshore of Fort Zachary
                                                                               Taylor Historic State Park, north
                                                                               through Key West Harbor, east
                                                                               through Fleming Cut, south on Cow
                                                                               Key Channel and west back to
                                                                               origin. The center of the
                                                                               regulated area will at all times
                                                                               remain approximately 50 yards
                                                                               offshore of the island of Key
                                                                               West Florida; extend 50 yards in
                                                                               front of the lead safety vessel
                                                                               preceding the first race
                                                                               participants; extend 50 yards
                                                                               behind the safety vessel trailing
                                                                               the last race participants; and
                                                                               at all times extend 100 yards on
                                                                               either side of the race
                                                                               participants and safety vessels.
                                                                               Depending on the weather on the
                                                                               day of race, the racecourse might
                                                                               proceed counter-clockwise to
                                                                               accommodate for current and wind.

[[Page 76162]]

 
3. One Saturday in June..........  Annual Swim Around    Anna Fugina........  Location: Beginning at Higgs Beach
                                    Key West.                                  in Key West, Florida. The
                                                                               regulated area will move, west to
                                                                               the area offshore of Fort Zachary
                                                                               Taylor Historic State Park, north
                                                                               through Key West Harbor, east
                                                                               through Fleming Cut, south on Cow
                                                                               Key Channel and west, past
                                                                               Smathers Beach and back to
                                                                               origin. The center of the
                                                                               regulated area will at all times
                                                                               remain approximately 50 yards
                                                                               offshore of the island of Key
                                                                               West Florida; extend 50 yards in
                                                                               front of the lead safety vessel
                                                                               preceding the first race
                                                                               participants; extend 50 yards
                                                                               behind the safety vessel trailing
                                                                               the last race participants; and
                                                                               at all times extend 100 yards on
                                                                               either side of the race
                                                                               participants and safety vessels.
                                                                               Depending on the weather on the
                                                                               day of race, the racecourse might
                                                                               proceed counter-clockwise to
                                                                               accommodate for current and wind.
4. One Saturday in September.....  Alligator Reef        Friends of The       Location(s) (Primary): Beginning
                                    Lighthouse Swim.      Pool, Inc.           at a point Latitude 24[deg]54.82'
                                                                               N, longitude 080[deg]38.03' W,
                                                                               thence to latitude 24[deg]54.36'
                                                                               N, longitude 080[deg]37.72' W,
                                                                               thence to latitude 24[deg]51.07'
                                                                               N, longitude 080[deg]37.14' W,
                                                                               thence to latitude 24[deg]54.36'
                                                                               N, longitude 080[deg]37.72' W,
                                                                               thence to point of origin at
                                                                               latitude 24[deg]54.82' N,
                                                                               longitude 080[deg]38.03' W.
                                                                              Location(s) (Alternate) \1\:
                                                                               Beginning at a point Latitude
                                                                               24[deg]54.82' N, longitude
                                                                               080[deg]38.03' W, thence to
                                                                               latitude 24[deg]53.25' N,
                                                                               longitude 080[deg]37.04' W,
                                                                               thence to latitude 24[deg]52.05'
                                                                               N, longitude 080[deg]38.85' W,
                                                                               thence to latitude 24[deg]54.36'
                                                                               N, longitude 080[deg]37.72' W,
                                                                               thence to point of origin at
                                                                               latitude 24[deg]54.82' N,
                                                                               longitude 080[deg]38.03' W.
5. 2nd week (Wednesday through     Key West Offshore     Race World Offshore  Location: In the Atlantic Ocean,
 Sunday) in November.               World Championship.                        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.
 
                                                  * * * * * * *
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Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Sector Key West.
[FR Doc. 2023-24470 Filed 11-3-23; 8:45 am]
BILLING CODE 9110-04-P