Rule2026-19060
Safety Zone; Key West Main Ship Channel, and Fleming Key Cut, Key West, FL
Primary source
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Published
September 17, 2026
Effective
September 17, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing two temporary safety zones to support U.S. military training operations. Zone 1 will encompass the navigable waters of Fleming Key Cut within a 500-foot radius of surface support vessels. Zone 2 will encompass the navigable waters of the Key West Main Ship Channel within a 500-foot radius of surface support vessels. The zones are needed to protect personnel, vessels, and the marine environment from hazards associated with military training operations. Entry into either zone is prohibited unless specifically authorized by the Captain of the Port, Sector Key West, or a designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 179 (Thursday, September 17, 2026)</title>
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[Federal Register Volume 91, Number 179 (Thursday, September 17, 2026)]
[Rules and Regulations]
[Pages 58821-58822]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19060]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-1146]
RIN 1625-AA00
Safety Zone; Key West Main Ship Channel, and Fleming Key Cut, Key
West, FL
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary safety zones to
support U.S. military training operations. Zone 1 will encompass the
navigable waters of Fleming Key Cut within a 500-foot radius of surface
support vessels. Zone 2 will encompass the navigable waters of the Key
West Main Ship Channel within a 500-foot radius of surface support
vessels. The zones are needed to protect personnel, vessels, and the
marine environment from hazards associated with military training
operations. Entry into either zone is prohibited unless specifically
authorized by the Captain of the Port, Sector Key West, or a designated
representative.
DATES: This rule is effective without actual notice from September 17,
2026, through October 14, 2026. For the purposes of enforcement, actual
notice will be used from September 10, 2026, until September 17, 2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-1146.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact MSTC Mathew Mason, Sector Key West Waterways Management
Division, U.S. Coast Guard; telephone 305-292-8823, or email
<a href="/cdn-cgi/l/email-protection#ffb29e8b979a88d1add1b29e8c9091bf8a8c9c98d1929693"><span class="__cf_email__" data-cfemail="551834213d30227b077b1834263a3b15202636327b383c39">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background and Authority
The Coast Guard received notification that U.S. military training
operations will be conducted in and around the Port of Key West. The
training operations will be held over multiple dates in September and
October of 2026. The training operations will be conducted along the
Key West Main Ship Channel, Man of War Harbor and around Fleming Key.
The Captain of the Port (COTP) Key West has determined that potential
hazards associated with the training operations are a safety concern
for anyone within a 500-foot radius of the surface support vessels.
Therefore, the COTP is issuing this rule under the authority in 46
U.S.C. 70034, which is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zones.
Because of these potential hazards, the Coast Guard is issuing this
rule without prior notice and comment. As is authorized by 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. The Coast Guard was notified of this
event on August 19, 2026, but we must establish this safety zone by
September 10, 2026, to protect personnel, vessels, and the marine
environment. Therefore, we do not have enough time to solicit and
respond to comments.
For the same reason, the Coast Guard finds that under 5 U.S.C.
553(d)(3), good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
III. Discussion of the Rule
This rule establishes two safety zones: Zone 1 and Zone 2. Zone 1
will be enforced daily from 8:00 a.m. until 11:59 p.m. on September 10-
16, 2026, and from October 8-14, 2026. Zone 1 will encompass all
navigable waters within a 500-foot radius of surface support vessels on
Fleming Key Cut. Zone 2 will be enforced daily from 8:00 a.m. until
11:59 p.m. on September 15-October 13, 2026, Zone 2 will encompass all
navigable waters within a 500-foot radius of surface support vessels on
the Key West Main Ship Channel. Vessels and persons will not be allowed
to enter either zone during this time, unless authorized by the Captain
of the Port, or their designated representative.
IV. 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.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
[[Page 58822]]
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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 et seq.), 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 is a safety zone. 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.
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; DHS Delegation No. 00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T07-1146 to read as follows:
Sec. 165.T07-1146 Safety Zone; Key West Main Ship Channel, Key West,
FL.
(a) Location. The following areas are designated safety zones:
(1) Zone 1. All navigable waters of the Key West Main Ship Channel
from surface to bottom extending outward 500 feet in all directions
from surface support vessels.
(2) Zone 2. All navigable waters of the Fleming Key Cut from
surface to bottom extending outward 500 feet in all directions from the
surface support vessels.
(b) Definitions. As used in this section, 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) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zones described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 16 or by telephone at (305) 340-7992.
Those in the safety zones must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement periods. Zone 1 described in paragraph (a)(1) of
this section will be enforced daily from 8:00 a.m. until 11:59 p.m. on
September 10-16, 2026, and daily from 8:00 a.m. until 11:59 p.m. on
October 8-14, 2026. Zone 2 described in paragraph (a)(2) of this
section will be enforced from 8:00 a.m. until 11:59 p.m. on September
15-October 13, 2026.
Joshua M. Empen,
Captain, U.S. Coast Guard, Captain of the Port Sector Key West.
[FR Doc. 2026-19060 Filed 9-16-26; 8:45 am]
BILLING CODE 9110-04-P
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