Proposed Rule2023-24853
Security Zone; Coast Guard Sector Key West, Trumbo Point Annex, Key West Harbor, Key West, FL
Primary source
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Published
November 9, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 216 (Thursday, November 9, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
<a href="/cdn-cgi/l/email-protection#450d242c293c206b086b122c29362a2b05303626226b282c29"><span class="__cf_email__" data-cfemail="0840696164716d2645265f61647b6766487d7b6b6f26656164">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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]
BILLING CODE 9110-04-P
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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.