Rule2024-11252
Security Zone; Coast Guard Sector Key West, Trumbo Point Annex, Key West Harbor, Key West, FL
Primary source
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Published
May 22, 2024
Effective
June 21, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 100 (Wednesday, May 22, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#b6fed7dfdacfd398fb98e1dfdac5d9d8f6c3c5d5d198dbdfda"><span class="__cf_email__" data-cfemail="327a535b5e4b571c7f1c655b5e415d5c72474151551c5f5b5e">[email protected]</span></a>.
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]
BILLING CODE 9110-04-P
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