Rule2022-14415
Safety Zone; Hoonigan Gymkhana Event, Boot Key Harbor, Marathon, FL
Primary source
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Published
July 7, 2022
Effective
July 11, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone on the waters of Boot Key Harbor, surrounding Boot Key Harbor Bridge, Marathon, FL, during the Hoonigan Gymkhana event. The safety zone will include all waters of Boot Key Harbor, 300 feet East and West of the Boot Key Harbor Bridge in Marathon, FL, and is necessary to ensure the safety of participant vessels, spectators, and the public during the event. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the designated area unless specifically authorized by the Captain of the Port Key West or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 129 (Thursday, July 7, 2022)</title>
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[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Rules and Regulations]
[Pages 40447-40449]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14415]
[[Page 40447]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0557]
RIN 1625-AA00
Safety Zone; Hoonigan Gymkhana Event, Boot Key Harbor, Marathon,
FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Boot Key Harbor, surrounding Boot Key Harbor Bridge,
Marathon, FL, during the Hoonigan Gymkhana event. The safety zone will
include all waters of Boot Key Harbor, 300 feet East and West of the
Boot Key Harbor Bridge in Marathon, FL, and is necessary to ensure the
safety of participant vessels, spectators, and the public during the
event. During the enforcement period, no person or vessel may enter,
transit through, anchor in, or remain within the designated area unless
specifically authorized by the Captain of the Port Key West or a
designated representative.
DATES: This rule is effective from 7:00 a.m. on July 11, 2022, until
7:30 p.m., on July 12, 2022. The event is scheduled to take place from
7:00 a.m. to 7:30 p.m. on July 11, 2022, but if there is adverse
weather on July 11, 2022, the event will be held from 7:00 a.m. until
7:30 p.m. on July 12, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0557 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 Isaiah Quinones, Waterways Management Division, Sector
Key West, FL, U.S. Coast Guard; telephone (305) 292-8823, e-mail
<a href="/cdn-cgi/l/email-protection#6a39213d3d0b1e0f181d0b13192a1f19090d44070306"><span class="__cf_email__" data-cfemail="36657d61615742534441574f457643455551185b5f5a">[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. Doing so would be impracticable and contrary
to the public interest. The primary justification for this action is
that the Coast Guard did not receive final details of the event until
June 27, 2022, and the event is scheduled to take place on July 11,
2022. Therefore, the Coast Guard lacks sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule. It would be impracticable and contrary to the public
interest to delay promulgating this rule, as it is necessary to protect
the safety of participants, spectators, the public, and vessels
transiting the Boot Key Harbor Bridge.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the event.
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 (COTP) Key West has determined
that potential hazards associated with the Hoonigan Gymkhana event will
be a safety concern for anyone within 300 feet East and West of the
Boot Key Harbor Bridge in Marathon, FL. This rule is necessary to
ensure the safety of the event participants, the public, vessels, and
the navigable waters of Marathon, Florida, during the Hoonigan Gymkhana
event.
IV. Discussion of the Rule
This rule establishes a safety zone on certain navigable waters of
Boot Key Harbor near Marathon, FL, during the Hoonigan Gymkhana event.
The safety zone will encompass all waters of Boot Key Harbor 300 feet
East and West of the Boot Key Harbor Bridge in Marathon, FL. The event
is scheduled to take place from 7:00 a.m. to 7:30 p.m. on July 11,
2022. In case of adverse weather on July 11, 2022, the event will be
held from 7:00 a.m. until 7:30 p.m. on July 12, 2022. Approximately 10
spectator craft are anticipated to attend the event. No person or
vessel will be permitted to enter, transit through, anchor in, or
remain within the safety zone without first 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 Broadcast Notice
to Mariners, and potentially 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the following
reasons: (1) the safety zone only being enforced for a total of eleven
hours and thirty minutes; (2) although persons and vessels may not
enter, transit through, anchor in, or remain within the zone without
authorization from the COTP or a designated representative, they may
operate in the surrounding area during the enforcement period; (3)
persons and vessels may still enter, transit through, anchor in, or
remain within the areas during the enforcement period if authorized by
the COTP or a designated representative.
[[Page 40448]]
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
entity'' comprises of small businesses and 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
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
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 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
Management 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 safety zone that will prohibit
persons and vessels from entering, transiting through, anchoring in, or
remaining within a limited area on the navigable waters of Marathon,
Florida, during the Hoonigan Gymkhana even lasting eleven hours and
thirty minutes. 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 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, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T07-0557 to read as follows:
Sec. 165.T07-0557 Safety Zone; Marathon, Boot Key Harbor Bridge, FL,
Hoonigan Gymkhana Event.
(a) Location. The following regulated area is a safety zone: The
safety zone will encompass all waters of Boot Key Harbor, 300 feet East
and West of the Boot Key Harbor Bridge in Marathon, FL.
(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) 292-8727, or a designated representative via VHF-
FM radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels
[[Page 40449]]
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
Broadcast Notice to Mariners via VHF-FM channel 16, and/or by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 7:00
a.m. until 7:30 p.m. on July 11, 2022. In case of adverse weather on
July 11, 2022, this section will be enforced from 7:00 a.m. until 7:30
p.m. on July 12, 2022.
Dated: June 30, 2022.
J.D. Ingram,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2022-14415 Filed 7-6-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 7, 2022.
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.