Rule2021-21272
Safety Zone; Key West Paddle Classic, Key West, FL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2021
Effective
October 2, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone on certain navigable waters surrounding Key West, Florida, during the Key West Paddle Classic event. The safety zone is necessary to ensure the safety of event participants and spectators. Persons and non- participant vessels are prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port (COTP) Key West or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 187 (Thursday, September 30, 2021)</title>
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[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54072-54074]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21272]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2021-0757]
RIN 1625-AA00
Safety Zone; Key West Paddle Classic, Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
certain navigable waters surrounding Key West, Florida, during the Key
West Paddle Classic event. The safety zone is necessary to ensure the
safety of event participants and spectators. Persons and non-
participant vessels are prohibited from entering, transiting through,
anchoring in, or remaining within the safety zone unless authorized by
the Captain of the Port (COTP) Key West or a designated representative.
DATES: This rule is effective from 8 a.m. until 3 p.m. on October 2,
2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, type USCG-
2021-0757 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Vera Max, Waterways Management
Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305)
292-8768; e-mail <a href="/cdn-cgi/l/email-protection#4c1f071b1b2d38293e3b2d353f0c393f2f2b62212520"><span class="__cf_email__" data-cfemail="0f5c4458586e7b6a7d786e767c4f7a7c6c6821626663">[email protected]</span></a>.
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 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 it is impracticable and contrary to
the public interest. The Coast Guard did not receive necessary
information from the event sponsor for this year's event until
September 16, 2021. The Coast Guard has an existing safety zone for
this event in 33 CFR 165.786, Table to Sec. 165.786, Line No. 4.1;
however, the existing regulation only covers the event when it is
scheduled on the last weekend of April. There is not sufficient time to
publish an NPRM and respond to comments as the event will take place on
October 2, 2021.
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 because the event is taking place on
October 2, 2021, and immediate action is needed to respond to the
potential safety hazards associated with this event.
[[Page 54073]]
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 open water swim events will be a
safety concern for persons and vessels in the regulated area. This rule
is needed to ensure the safety of the event participants, the general
public, vessels and the marine environment in the navigable waters
within the safety zone during the Key West Paddle Classic paddle board
event.
IV. Discussion of the Rule
This rule establishes a moving safety zone on October 2, 2021 for a
period of 7 hours, from 8 a.m. to 3 p.m. The moving safety zone will
cover all waters within 50 yards in front of the lead safety vessel
preceding the first event participants, 50 yards behind the safety
vessel trailing the last event participants, and at all times extend
100 yards on either side of safety vessels. The event course begins at
Higgs Beach in Key West, Florida, moves west to the area offshore of
Fort Zach State Park, north through Key West Harbor, east through
Fleming Key Cut, south through Cow Key Channel, and west returning back
to Higgs Beach. The event is scheduled to take place from 8 a.m. to 3
p.m. Approximately 200 paddle boarders and six safety vessels are
anticipated to participate in the event. The zone is intended to
protect personnel, vessels, and the marine environment in these
navigable waters during the event. Persons and non-participant vessels
are prohibited from entering, transiting through, anchoring in, or
remaining within the safety zone without obtaining permission from the
COTP Key West or a designated representative. If authorization to
enter, transit through, anchor in, or remain within the safety zone is
granted by the COTP Key West or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP Key West or a designated representative. The
Coast Guard will provide notice of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners, 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 Executive Order 12866. 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, duration and available exceptions to the enforcement of the
safety zone. The regulated area will impact small designated areas of
the Atlantic Ocean and Gulf of Mexico around Key West, Florida, for
only 7 hours and thus is limited in time and scope. Furthermore, the
rule will allow vessels to seek permission to enter the zone. Non-
participant persons and vessels may enter, transit through, anchor in,
or remain within the regulated area during the enforcement periods if
authorized by the COTP or a designated representative. Vessels not able
to enter, transit through, anchor in, or remain within the regulated
area without authorization from the COTP or a designated representative
may operate in the surrounding areas during the 7 hour enforcement
period. The Coast Guard will issue a Local Notice to Mariners and a
Broadcast Notice to Mariners, allowing mariners to make alternative
plans or seek permission to transit 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
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
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 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 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
[[Page 54074]]
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 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. The regulated area will impact small designated areas of
the Atlantic Ocean and Gulf of Mexico around Key West, Florida, for
only 7 hours and thus is limited in time and scope. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01. 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; 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T07-0757 to read as follows:
Sec. 165.T07-0757 Safety Zone; Key West Paddle Classic, Key West,
FL.
(a) Location. The following regulated area is a moving safety zone:
All waters extending 100 yards to either side of the race participants
and safety vessels; extending 50 yards in front of the lead safety
vessel preceding the first race participants; and extending 50 yards
behind the safety vessel trailing the last race participants. The event
course begins at Higgs Beach in Key West, Florida, moves west to the
area offshore of Fort Zach State Park, north through Key West Harbor,
east through Fleming Key Cut, south through Cow Key Channel, and west
returning back to Higgs Beach with turnaround point at Alligator Reef
Lighthouse.
(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 unless authorized by the COTP Key West 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 Key West
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
Local Notice to Mariners, Broadcast Notice to Mariners via VHF-FM
channel 16, or the COTP's designated representative.
(d) Enforcement period. This section will be enforced from 8 a.m.
until 3 p.m. on October 2, 2021.
Dated: September 24, 2021.
A. Chamie,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2021-21272 Filed 9-29-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 30, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.