Safety Zone; Key West Paddle Classic, Key West, FL
| Published date | 30 September 2021 |
| Citation | 86 FR 54072 |
| Record Number | 2021-21272 |
| Section | Rules and Regulations |
| Court | Coast Guard |
54072
Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
and M/V CELSIUS CANBERRA are
within the Corpus Christi Ship Channel
and La Quinta Channel while loaded
with cargo. It will prohibit entry within
a 500 yard radius of the M/V GASLOG
WARSAW and M/V CELSIUS
CANBERRA while the vessels are
transiting loaded within Corpus Christi
Ship Channel and La Quinta Channel. It
is categorically excluded from further
review under L60 in 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 where indicated
under
ADDRESSES
.
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
■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. 0170.1.
■2. Add § 165.T08–0760 to read as
follows:
§ 165.T08–0760 Security Zone; Corpus
Christi Ship Channel. Corpus Christi, TX.
(a) Location. The following areas are
moving security zones: All navigable
waters encompassing a 500-yard radius
around each of the following vessels: M/
V GASLOG WARSAW and M/V
CELSIUS CANBERRA while the vessels
are in the Corpus Christi Ship Channel
and La Quinta Channel.
(b) Effective period. This section is
effective without actual notice from
September 30, 2021 through September
30, 2021. For the purposes of
enforcement, actual notice will be used
from September 23, 2021, through
September 30, 2021.
(c) Regulations. (1) The general
regulations in § 165.33 of this part
apply. Entry into the zones is prohibited
unless authorized by the Captain of the
Port Sector Corpus Christi (COTP) or a
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Corpus Christi.
(2) Persons or vessels desiring to enter
or pass through the zones must request
permission from the COTP Sector
Corpus Christi on VHF–FM channel 16
or by telephone at 361–939–0450.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners (BNMs), Local
Notices to Mariners (LNMs), and/or
Marine Safety Information Bulletins
(MSIBs) as appropriate of the
enforcement times and dates for these
security zones.
Dated: September 23, 2021.
H.C. Govertsen,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2021–21294 Filed 9–29–21; 8:45 am]
BILLING CODE 9110–04–P
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.
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 http://
www.regulations.gov, 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 SKWWaterways@uscg.mil.
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
§ 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 § 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.
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
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
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
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
■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.
■2. Add § 165.T07–0757 to read as
follows:
§ 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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2021–0728]
Safety Zone; Rio Vista Bass Derby
Fireworks, Sacramento River, Rio
Vista, CA
AGENCY
: Coast Guard, DHS.
ACTION
: Notification of enforcement of
regulation.
SUMMARY
: The Coast Guard will enforce
the safety zone for the Rio Vista Bass
Derby Fireworks Display in the Captain
of the Port, San Francisco area of
responsibility during the dates and
times noted below. This action is
necessary to protect life and property of
the maritime public from the hazards
associated with the fireworks display.
During the enforcement period,
unauthorized persons or vessels are
prohibited from entering into, transiting
through, or anchoring in the safety zone,
unless authorized by the Patrol
Commander (PATCOM) or other federal,
state, or local law enforcement agencies
on scene to assist the Coast Guard in
enforcing the regulated area.
DATES
: The regulation in 33 CFR
165.1191, will be enforced for the
location in Table 1 to § 165.1191, Item
number 23, from noon through 9:30
p.m. on October 9, 2021.
FOR FURTHER INFORMATION CONTACT
: If
you have questions about this
notification of enforcement, call or
email Lieutenant Anthony Solares,
Waterways Management, U.S. Coast
Guard Sector San Francisco; telephone
(415) 399–3585, email SFWaterways@
uscg.mil.
SUPPLEMENTARY INFORMATION
: The Coast
Guard will enforce the safety zone
established in 33 CFR 165.1191 Table 1,
Item number 23, for the Rio Vista Bass
Derby Fireworks Display from noon
through 9:30 p.m. on October 9, 2021.
The safety zone will extend to all
navigable waters of the Sacramento
River, from surface to bottom, within a
circle formed by connecting all points
100 feet out from the fireworks barge
during the loading, transit, and arrival
of the fireworks barge from the loading
location to the display location and
until the start of the fireworks display.
From 10:00 a.m. through 4:00 p.m.
October 9, 2021, the fireworks barge will
load pyrotechnics from the Dutra Group,
Oly Yard 615 River Road, Rio Vista, CA.
The fireworks barge will remain at the
loading location until its transit to the
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