77242 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 

* * * * * 

Issued in Washington, DC, on November 2, 

2023. 

Karen L. Chiodini, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2023–24661 Filed 11–8–23; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 DecisionMaking Portal at https://

www.regulations.gov. 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 Hailye.M.Wilson@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

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, 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 § 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 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 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, 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 https://

www.regulations.gov, 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 https://

www.regulations.gov 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 https://www.regulations.gov 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 

■ 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 § 165.764 to read as follows: 

§ 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°34′02′′ N, 

81°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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
77244 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Proposed Rules 

easterly to 24°33′48.8′′ N, 081°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 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 192 

[Docket No. PHMSA–2023–0080] 

Pipeline Safety: Mifflin Energy 

Corporation’s Petition for Declaratory 

Order Concerning Part 192 Jurisdiction 

and Operator Responsibility Over 

Customer-Owned Piping 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), U.S. Department of 

Transportation (DOT). 

ACTION: Petition for a Declaratory Order. 

SUMMARY: The Pipeline and Hazardous 

Materials Safety Administration is 

seeking comment on a Petition for a 

Declaratory Order (Petition). 

DATES: Comments are due on or before 

December 11, 2023. Reply comments to 

comments received are due on or before 

December 26, 2023. 

ADDRESSES: Comments should reference 

the docket number for the petition 

request and may be submitted by any of 

the following methods: 

• Web: https://www.regulations.gov. 

This site allows the public to enter 

comments on any Federal Register 

document issued by any agency. Follow 

the online instructions for submitting 

comments. 

• Fax: 202–493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building: 

Room W12–140, Washington, DC 

20590–0001. 

• Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building: Room W12– 

140, Washington, DC 20590–0001, 

between 9 a.m. and 5 p.m. EST, Monday 

through Friday, except Federal holidays. 

• Instructions: Identify [Docket No. 

PHMSA–2023–0080] at the beginning of 

your comments. If you submit your 

comments by mail, submit two copies. 

Internet users may submit comments at 

https://www.regulations.gov. If you 

would like confirmation that PHMSA 

received your comments, please include 

a self-addressed stamped postcard 

labeled ‘‘Comments on PHMSA–2023– 

0080.’’ The docket clerk will date stamp 

the postcard prior to returning it to you 

via U.S. mail. 

• Note: All comments received will 

be posted without edits to https://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading for more 

information. Anyone can use the site to 

search all comments by the name of the 

submitting individual or, if the 

comment was submitted on behalf of an 

association, business, labor union, etc., 

the name of the signing individual. 

Therefore, please review the complete 

DOT Privacy Act Statement in the 

Federal Register at 65 FR 19477 or the 

Privacy Notice at https://

www.regulations.gov before submitting 

comments. 

• Privacy Act Statement: DOT may 

solicit comments from the public 

regarding certain general notices. DOT 

posts these comments without edit, 

including any personal information the 

commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

• Confidential Business Information: 

Confidential Business Information (CBI) 

is commercial or financial information 

that is both customarily and actually 

treated as private by its owner. Under 

the Freedom of Information Act (5 

U.S.C. 552), CBI is exempt from public 

disclosure. If your comments in 

response to this document contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this 

document it is important that you 

clearly designate the submitted 

comments as CBI. Pursuant to 49 CFR 

190.343, you may ask PHMSA to 

provide confidential treatment to 

information you give to the Agency by 

taking the following steps: (1) mark each 

page of the original document 

submission containing CBI as 

‘‘Confidential;’’ (2) send PHMSA a copy 

of the original document with the CBI 

deleted along with the original, 

unaltered document; and (3) explain 

why the information you are submitting 

is CBI. Submissions containing CBI 

should be sent to Tewabe Asebe, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. Submission containing CBI 

can also be emailed to Tewabe Asebe by 

encrypted email at tewabe.asebe@

dot.gov. Any commentary PHMSA 

receives that is not specifically 

designated as CBI will be placed in the 

public docket. 

• Docket: For access to the docket or 

to read background documents or 

comments, go to https://

www.regulations.gov. Follow the online 

instructions for accessing the dockets. 

Alternatively, this information is 

available by visiting DOT at 1200 New 

Jersey Avenue SE, West Building: Room 

W12–140, Washington, DC 20590–0001, 

between 9:00 a.m. and 5:00 p.m. EST, 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Tewabe Asebe, Office of Pipeline Safety, 

by phone at 202–366–5523 or by email 

at tewabe.asebe@dot.gov. 

SUPPLEMENTARY INFORMATION: PHMSA is 

evaluating a Petition for a Declaratory 

Order (Petition) from Mifflin Energy 

Corporation (Mifflin), pursuant to 49 

U.S.C. 60117(b)(1)(J). 

Mifflin operated a production line in 

Greene County, Pennsylvania, which 

was subject to a free gas arrangement. 

Under the arrangement, gas flowed from 

Mifflin’s production line through a 

pipeline owned by the landowner, with 

the regulator and meter placed at the 

juncture of the production line and the 

customer-owned pipeline. In March 

2020, with Mifflin’s consent, the 

landowner moved the regulator and the 

meter downstream of the juncture, 

further down the landowner’s pipeline. 


ddrumheller on DSK120RN23PROD with PROPOSALS1