Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations 65323 

zone in order to supplement protection 

of said person(s). 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter or remain 

in the security zone described in 

paragraph (a) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter or 

remain in the Security Zone, contact the 

COTP or the COTP’s representative by 

telephone number 410–576–2693 or on 

Marine Band Radio VHF–FM channel 

16 (156.8 MHz). Those in the security 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the COTP’s designated representative. 

(3) Upon being hailed by an official 

patrol vessel or the designated 

representative, by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. Failure 

to comply with lawful direction may 

result in expulsion from the regulated 

area, citation for failure to comply, or 

both. 

(4) Unless specifically authorized by 

on-scene enforcement vessels, any 

vessel granted permission to enter or 

transit the security zone must comply 

with the instructions of the COTP or 

designated representative and operate at 

bare steerage or no-wake speed while 

transiting through the Security Zone, 

and must not loiter, stop, or anchor, and 

shall do so for the entirety of its time 

within the boundaries of the security 

zone. 

(d) Enforcement period. (1) This 

section will be enforced from 4 p.m. 

until 8 p.m. on September 24, 2023. 

(2) This security zone described in 

paragraph (a) of this section will be 

enforced with actual notice by the U.S. 

Coast Guard representatives on-scene, as 

well as other methods listed in 33 CFR 

165.7. The Coast Guard will enforce the 

security zone created by this section 

only when it is necessary for the 

protection of USSS protectees in the 

vicinity of Hampton, Va. The U.S. Coast 

Guard may be additionally assisted in 

the patrol and enforcement of the zone 

by Federal, State, and local agencies. 

Dated: September 18, 2023. 

David E. O’Connell, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Maryland-National Capital 

Region. 

[FR Doc. 2023–20562 Filed 9–21–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0741] 

RIN 1625–AA00 

Safety Zone; Southern Command Dive 

Operation, Gulf of Mexico, Key West, 

FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waterways surrounding Key West, 

Florida, during the Southern 

Command’s (SOCOM) Dive operation. 

The safety zone is necessary to ensure 

the safety of event participants. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Key West or a designated 

representative. 

DATES: This rule is effective from 6 a.m. 

until 9 p.m. on September 26 and 

September 27, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0741 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, 

Sector Key West, FL, U.S. Coast Guard; 

telephone (305) 292–8768; email 

Hailye.M.Wilson@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 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 the 

Coast Guard did not receive final details 

from the U.S. Army operations 

department within the time required to 

publish an NPRM. Therefore, the Coast 

Guard lacks sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. It is impracticable and contrary 

to the public interest to delay issuing 

this rule because it is necessary to 

protect the safety of participants, the 

public, and vessels transiting the waters 

adjacent to Key West, FL. 

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 

September 26 and 27, 2023, and 

immediate action is needed to respond 

to the potential safety hazards 

associated with this 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 Key West 

(COTP) has determined that potential 

hazards associated with this dive 

operation 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 

Southern Command’s Dive operation. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

certain navigable waters of Key West, 

Florida, during the SOCOM’s Dive 

operation. The safety zone will be 

enforced from 6 a.m. to 9 p.m. on 

September 26 and 27, 2023. The safety 

zone will cover all waters within the 

following coordinates: Latitude 

24°35.724′ N, longitude 081°47.561′ W, 

thence east to latitude 24°35.960′ N, 

longitude 081°46.811′ W, thence south 

to latitude 24°34.802′ N, longitude 

081°47.376′ W, thence west to latitude 

24°34.952′ N, longitude 081°46.858′ W, 

located within the county of Monroe, 

FL. 

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 or a designated representative. If 


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65324 Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone is granted by the COTP or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the COTP or a designated 

representative. The Coast Guard will 

provide notice of the safety zone by 

Broadcast Notice to Mariners, and/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 

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 following reasons: (1) the 

temporary safety zone will only be 

enforced for a total of 15 hours per day; 

(2) although persons and vessels may 

not enter, transit through, anchor in, or 

remain within the safety 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. 

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 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. 

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 small, 

designated areas of the Gulf of Mexico 

around Key West, Florida, for only 10 

hours per day 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, 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: 


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Federal Register / Vol. 88, No. 183 / Friday, September 22, 2023 / Rules and Regulations 65325 

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, 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. 

■ 2. Add § 165.T07–0741 to read as 

follows: 

§ 165.T07–0741 Safety Zone; Southern 

Command Dive Operation, Gulf of Mexico, 

Key West, FL. 

(a) Location. The following area is a 

safety zone: All navigable waters within 

the following coordinates: Latitude 

24°35.724′ N, longitude 081°47.561′ W, 

thence east to latitude 24°35.960′ N, 

longitude 081°46.811′ W, thence south 

to latitude 24°34.823′ N, longitude 

081°47.376′ W, thence west to latitude 

24°34.952′ N, longitude 081°46.858′ W, 

located within the county of Monroe, 

FL. These coordinates are based on 

North American Datum. 

(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 

described in paragraph (a) of this 

section 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 6 a.m. until 9 p.m. 

on September 26 and 27, 2023. 

J. Ingram, 

Captain, U.S. Coast Guard, Captain of the 

Port Key West. 

[FR Doc. 2023–20461 Filed 9–21–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0661] 

RIN 1625–AA00 

Safety Zone; 26th Annual Key West 

Paddle Classic, Atlantic Ocean, Key 

West, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waterways surrounding Key West, 

Florida, during the 26th Annual Key 

West Paddle Classic event. The safety 

zone is necessary to ensure the safety of 

event participants and spectators. Entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Key West or a designated 

representative. 

DATES: This rule is effective from 8 a.m. 

until 5 p.m. on September 30, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0661 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 Chief, 

Sector Key West, FL, U.S. Coast Guard; 

telephone (305) 292–8768; email 

Hailye.M.Wilson@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 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 the 

Coast Guard did not receive final details 

from the event sponsor for this year’s 

event within the reporting threshold 

requirements. The Coast Guard has an 

existing safety zone for this event in 33 

CFR 165.786, Table to § 165.786, Item 

No. 4.1; however, the existing regulation 

only covers the event when it is 

scheduled on the last weekend of April. 

Therefore, the Coast Guard lacks 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

It is impracticable and contrary to the 

public interest to delay issuing this rule 

because it is necessary to protect the 

safety of participants, spectators, the 

public, and vessels transiting the waters 

adjacent to Key West, FL. 

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 and 

contrary to the public interest because 

immediate action is needed to respond 

to the potential safety hazards 

associated with this 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 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 26th 

Annual Key West Paddle Classic paddle 

board event. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

certain navigable waters of Key West, 

Florida, during the 26th Annual Key 


lotter on DSK11XQN23PROD with RULES1