[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Rules and Regulations]
[Pages 44922-44924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11252]


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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: Final rule.

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SUMMARY: The Coast Guard is establishing a security zone for certain 
waters of the Key West Harbor surrounding the U.S. 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 rule will 
prohibit persons and vessels from being in the security zone unless 
authorized by the Captain of the Port Key West or a designated 
representative.

DATES: This rule is effective June 21, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0803 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 about this rule, 
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
NAS Naval Air Station
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 a permanent security zone 
is in the interest of national security, the safety of life, and the 
prevention of damage to property.
    In response, on November 9, 2023, the Coast Guard published a 
notice of proposed rulemaking (NPRM) titled Security Zone; Coast Guard 
Sector Key West, Trumbo Point Annex, Key West Harbor, Key West, FL, (88 
FR 77242). There we stated why we issued the NPRM and invited comments 
on our proposed regulatory action related to this security zone. During 
the comment period that ended December 11, 2023, we received two 
comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70051 and 70124. The purpose of this rule is to ensure the security of 
vessels, waterfront facilities, and personnel located at the Coast 
Guard, Sector Key West.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received comments from two commenters on our 
NPRM published November 19, 2023. The first commenter requested that 
the Coast Guard provide a 300-foot exclusion zone of the security zone 
around the pier extending towards the Key West Bight Channel. The 
commenter stated the pier is located at the southernmost part of the 
property being protected by the security zone and is currently leased 
by Atlantic Targets and Marine Operations (ATMO) Key West Detachment. 
This commenter expressed concern the security zone would extend beyond 
that pier and inadvertently create restrictions in the channel that 
would then require many vessels returning to port to declare their

[[Page 44923]]

intentions via marine radio. The security zone will not be measured 
from the ``extended finger pier (extending south)'' and would not 
restrict normal transit paths for vessels in the area. To minimize 
misinterpretation of the regulatory intent, we have amended the 
regulatory language to include a specific southwesterly point to the 
security zone.
    The same commenter expressed the security zone could burden certain 
vessels that require approximately between 50 to 300 feet of clearance 
from the pier to safely lower their sails and/or make the necessary 
preparations to dock the vessel. This commenter added the Sunset Key 
ferry dock location would be encompassed by the security zone, and the 
security zone would force the ferry dock out of business. Vessels that 
require extra time to lower their sails can do so in designated areas 
outside the security zone and outside the Key West Bight Channel.
    As stated in the regulatory text, vessels are permitted to transit 
via safe speed through the adjacent channel without restrictions by the 
security zone. The pier is currently being leased by ATMO from the U.S. 
Coast Guard. The pier could be used in the future to house cutters and 
other military assets, at which time the security zone would need to be 
in effect in its entirety, not to include the exclusionary zone. 
Additionally, the security zone does not include the Sunset Key ferry 
dock area. The security zone does not impose restrictions for vessels 
transiting the area and will not impact business.
    The second commenter expressed the security zone could help protect 
facilities considered sensitive, protecting naval vessels and cruise 
ships. The Coast Guard acknowledges this comment.
    There is one change in the regulatory text in response to a comment 
by amending the regulatory language to include a specific southwesterly 
point to the security zone.
    This rule establishes 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 Coast Guard is revising the regulatory text in response to 
comment by amending the regulatory language to include a specific 
southwesterly point to the security zone.

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 area covered 
by the permanent security zone created by this rule 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 rule 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 received no comments from the Small Business 
Administration on this rulemaking. 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 
call or email 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.

[[Page 44924]]

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 an 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 
security zone that would prohibit vessels and persons from stopping or 
landing within 100 yards of the United States Coast Guard base on 
Trumbo Point Annex. 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 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.

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.  165.764 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 to 
24[deg]33'50.6'' N 81[deg]48'11.0'' W; thence 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. 2024-11252 Filed 5-21-24; 8:45 am]
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