[Federal Register Volume 89, Number 139 (Friday, July 19, 2024)]
[Rules and Regulations]
[Pages 58624-58626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15552]



[[Page 58624]]

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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, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising 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 rule, 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.

DATES: This rule is effective July 19, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0690 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, 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
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

    On November 6, 2023, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Special Local Regulations; Recurring Marine 
Events, Sector Key West, Update.\1\ There we stated why we issued the 
NPRM and invited comments on our proposed regulatory action related to 
this fireworks display. During the comment period that ended December 
6, 2023, we received 0 comments.
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    \1\ 88 FR 76159.
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III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The purpose of this rule is to ensure that the public is 
informed of the most up to date recurring special local regulations.
    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 and contrary to public interest 
because immediate action is needed to ensure the rule is in place 
before the June 2024 events listed Items No. 2 and No. 3 in Table 1 to 
Sec.  100.701.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
November 6, 2023. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule makes 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) in 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.

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 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 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

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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.

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 
revising an existing recurring event to reflect a date and time change 
for the event. It is categorically excluded from further review under 
paragraph L61 in Table 3-1 of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1.

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 100

    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 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 section (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
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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  College of the       Location: Beginning at Smathers
                                                          Florida Keys.        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.

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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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    Dated: May 15, 2024.
Jason D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port, Sector Key West.
[FR Doc. 2024-15552 Filed 7-18-24; 8:45 am]
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