[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Proposed Rules]
[Pages 77242-77244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24853]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0803]
RIN 1625-AA11


Security Zone; Coast Guard Sector Key West, Trumbo Point Annex, 
Key West Harbor, Key West, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a security zone for 
certain waters of the Key West Harbor surrounding the Coast Guard 
Sector Key West on Trumbo Point Annex. This action is necessary to 
safeguard Coast Guard assets in the interest of national security. This 
proposed rulemaking would prohibit persons and vessels from being in 
the security zone unless authorized by the Captain of the Port Key West 
or a designated representative. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 11, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0803 using the Federal Decision-Making 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. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant Hailye Wilson, Waterways 
Management Division, U.S. Coast Guard; telephone 305-292-8768, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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, Purpose, and Legal Basis

    The Coast Guard Sector Key West, FL and its assets are on property 
previously under the control of the Naval Air Station (NAS) Key West, 
FL. The current regulations restricting vessel traffic in and around 
NAS Key West are found in 33 CFR 334.610 and are only enforceable by 
the Commanding Officer of NAS Key West, and certain designated 
agencies. Currently, the Coast Guard requires the authority from the 
Commanding Officer, NAS Key West, before they can enforce a security 
zone in and around Coast Guard property and assets. This additional 
step can generate unnecessary delays, which creates security concerns 
for the Coast Guard and potential hazards to the public. The Captain of 
the Port Key West (COTP) has determined that permanent security zone is 
in the interest of national security, the safety of life, and the 
prevention of damage to property.
    The purpose of this rulemaking is to ensure the security of 
vessels, waterfront facilities, and personnel located at the Coast 
Guard, Sector Key West. The Coast Guard is proposing this rulemaking 
under authority in 46 U.S.C. 70051 and 70124.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a permanent security zone 
surrounding the Coast Guard Sector Key West, located adjacent to Trumbo 
Point Annex, Naval Air Station Key West. The security zone would cover 
all navigable waters within 100 yards of the Coast Guard Sector Key 
West. No vessel, other than Government-owned vessels and specifically 
authorized private craft, or persons would be permitted to stop or land 
in the security zone. The regulatory text we are proposing appears at 
the end of this document.

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 fact that the 
area covered by the permanent security zone created by this rulemaking 
is already a regulated restricted area as contained in 33 CFR 334.610. 
Unauthorized vessels and persons have not been allowed to stop and land 
within 100 yards of the Coast Guard base on Trumbo Point Annex through 
the regulation in Sec.  334.610. This rulemaking allows the Coast Guard 
to enforce the restricted area through a security zone. Additionally, 
the security zone only extends 100 yards from the Coast Guard Sector 
Key West, located adjacent to Trumbo Point Annex, Naval Air Station Key 
West and does not impede any regular vessel traffic (i.e., cruise 
ships, ferries, small passenger vessels, etc.). Vessels will be able to 
transit safely around 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 
proposed rule would not have a significant economic impact on a 
substantial number of 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 proposed 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 rulemaking 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 proposed rule 
would affect your small business, organization, or governmental

[[Page 77243]]

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. 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 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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed 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 a security 
zone that would prohibit vessels and persons from stopping or landing 
within 100 yards of the United Sates Coast Guard base on Trumbo Point 
Annex. Normally such actions are 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 preliminary 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. 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 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.

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-2023-0803 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 web page. 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 165

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

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 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.  165.764 to read as follows:


Sec.  165.764  Security Zone; Coast Guard Sector Key West, Trumbo Point 
Annex, Key West Harbor, Key West, FL.

    (a) Location. The following area is a security zone: All waters 
within 100 yards of the Coast Guard Sector Key West, from surface to 
bottom, encompassed by a line that extends north 100 yards into the 
Fleming Key Channel from point 24[deg]34'02'' N, 81[deg]47'52.7'' W; 
thence westerly, maintaining 100 yards from the Coast Guard property; 
thence southerly, 100 yards from the end of the piers; thence

[[Page 77244]]

easterly to 24[deg]33'48.8'' N, 081[deg]47'54.8'' W, and along the 
shore line back to the beginning point. These coordinates are based on 
North American Datum 1983.
    (b) Definitions. As used in this section, vessel means every 
description of watercraft or other artificial contrivance used, or 
capable of being used, as a means of transportation on water, except 
U.S. Coast Guard or U.S. naval vessels.
    (c) Regulations. (1) Under the general security zone regulations in 
subpart D of this part, no person or vessel may enter or remain in the 
security zone described in paragraph (a) of this section without the 
permission of the Captain of the Port, other than Government-owned 
vessels.
    (2) While anchoring, loitering, or fishing activities are 
prohibited, vessels may transit the following portions of the security 
zone at safe speed:
    (i) Fleming Key Cut, extending from the northwest corner of Pier D-
3 of U.S. Coast Guard Key West, eastward beneath the Fleming Key 
bridge.
    (ii) Key West Bight Channel, which extends easterly from the Main 
Ship Channel into Key West Bight, the northerly edge of which channel 
passes 25 feet south of the U.S. Coast Guard Sector Key West piers on 
the north side of the Bight.

Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Sector Key West.
[FR Doc. 2023-24853 Filed 11-8-23; 8:45 am]
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