Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Rules and Regulations 73289 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division, Regulations & Rulings, Office of 

Trade U.S. Customs and Border Protection. 

Approved: 

Aviva R. Aron-Dine 

Acting Assistant Secretary of the Treasury 

for Tax Policy. 

[FR Doc. 2024–20385 Filed 9–9–24; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0705] 

RIN 1625–AA00 

Safety Zone; Key West Paddleboard 

Classic, 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 27th Annual Key 

West Paddle Classic event. The safety 

zone is necessary to ensure the safety of 

event participants and spectators from 

potential hazards associated with this 

event. 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 7 a.m. 

until 5 p.m. on September 28, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0705 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 

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 under authority in 5 

U.S.C. 553(b)(B). This statutory 

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.’’ 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 the final 

details from the event sponsor that the 

annual Key West Paddle Classic event 

will be held on September 28, 2024. 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. 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. 

Also, 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 27th 

Annual Key West Paddle Classic paddle 

board event. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7 a.m. through 5 p.m. on 

September 28, 2024. The safety zone 

will cover all navigable 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 Zachary Taylor 

Historic State Park, north through Key 

West Harbor, east through Fleming Key 

Cut, south through Cow Key Channel, 

and west returning back to Higgs Beach, 

in Key West, FL. Approximately 100 

paddle boarders and six safety vessels 

are anticipated to participate in the 

paddle board event. The duration of the 

safety zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

during the paddle board event. No 

vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. 

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 location, duration, and 

time-of-day of the safety zone. This rule 

involves a safety zone that will prohibit 

persons and vessels from entering, 

transiting through, anchoring in, or 

remaining within a limited area on the 

navigable waters of Key West, Florida, 

during a paddle board event lasting nine 

hours. Although persons and vessels 

may not enter, transit through, anchor 

in, or remain within the zone without 

authorization from the COTP or a 

designated representative, they will be 

able to safely transit around this safety 

zone. Moreover, the Coast Guard will 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rule will allow vessels to 

seek permission to enter the zone. 


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73290 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Rules and Regulations 

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 a safety 

zone lasting only 10 hours that will 

prohibit entry within 100 yards from 

safety vessels being used to guide event 

participants, 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: 

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.T07–0705 to read as 

follows: 

§ 165.T07–0705 Safety Zone; Key West 

Paddleboard Classic, Key West, FL. 

(a) Location. The following regulated 

area is a moving safety zone beginning 

at Higgs Beach in Key West, Florida, 

moving west to the area offshore of Fort 

Zachary Taylor Historic State Park, 

moving north through Key West Harbor, 

moving east through Fleming Key Cut, 

moving south through Cow Key 

Channel, and moving west returning 

back to Higgs Beach. The safety zone 

will be 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. 

(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 


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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Rules and Regulations 73291 

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 7 a.m. until 5 p.m. 

on September 28, 2024. 

Dated: September 5, 2024. 

J.D. Ingram, 

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

Port Key West. 

[FR Doc. 2024–20384 Filed 9–9–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0251] 

RIN 1625- AA00 

Safety Zone; Hurricanes, Tropical 

Storms, and Other Storms With High 

Winds; Captain of the Port Zone Sector 

Delaware Bay 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone for the 

navigable waters of the Sector Delaware 

Bay Captain of the Port (COTP) Zone to 

be enforced in the event of hurricanes, 

tropical storms, and other storms with 

high winds. This action is necessary to 

ensure the safety of the waters of the 

Sector Delaware Bay COTP Zone. It 

would establish actions to be completed 

by industry and vessels within the 

COTP Zone before and after hurricanes, 

tropical storms, and other storms with 

high winds threatening the States of 

Delaware, New Jersey, and Pennsylvania 

make landfall. 

DATES: This rule is effective October 10, 

2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0251 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 proposed 

rulemaking, call or email LCDR Owen 

Mims, Chief Waterways Management 

Division, U.S. Coast Guard; 215–271– 

4814, SecDelBayWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

MTS Marine Transportation System 

NPRM Notice of proposed rulemaking 

NWS National Weather Service 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

Delaware, New Jersey, and 

Pennsylvania have the potential to be 

affected by hurricanes and tropical 

storms on a yearly basis, especially 

between the months of June and 

November. Additionally, severe storms 

generating high winds and rough seas 

are also common in the winter months. 

On May 28, 2024, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled Safety Zone; 

Hurricanes, Tropical Storms, and Other 

Storms With High Winds; Captain of the 

Port Zone Sector Delaware Bay (89 FR 

46043). There, we stated why we issued 

the NPRM and invited comments on our 

proposed regulatory action related to 

this safety zone. During the comment 

period that ended June 27, 2024, we 

received two comments. 

III. Legal Authority and Need for Rule 

As noted above, Delaware, New 

Jersey, and Pennsylvania are subject to 

hurricanes and other storms generating 

high winds from year to year. This rule 

is necessary to protect mariners, port 

infrastructure, and the environment 

during and after these severe weather 

events. The Coast Guard is issuing this 

rule under authority in 46 U.S.C. 70034. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received two 

comments on our NPRM published May 

28, 2024. One comment expressed 

support for the rule and did not 

recommend any changes. The other did 

not address the subject matter of the 

rule. We are finalizing the regulatory 

text of this rule without changes from 

the text proposed in the NPRM. 

This rule establishes a safety zone on 

the navigable waters of the Sector 

Delaware Bay COTP Zone during 

hurricanes, tropical storms, and other 

storms with high winds. This safety 

zone provides for actions to be 

completed by local industry and vessels 

in the COTP zone prior to and after 

landfall of hurricanes, tropical storms, 

and other storms with high winds 

threatening the States of Delaware, New 

Jersey, and Pennsylvania. Port 

Conditions (WHISKEY, X–RAY, 

YANKEE, ZULU, and RECOVERY) are 

standardized Coast Guard terms within 

the Coast Guard’s Atlantic Area for 

states of operation declared by the 

COTP and communicated to port 

facilities, vessels, and members of the 

Marine Transportation System (MTS). 

Notice of Port Conditions and their 

requirements will be given via Marine 

Safety Information Bulletins and 

Broadcast Notice to Mariners. 

Actions to be taken by vessels are 

provided in the language of the rule. In 

addition, ports and waterfront facilities 

are encouraged to act when specific Port 

Conditions are declared. Under Port 

Condition WHISKEY, all ports and 

waterfront facilities shall remove all 

potential flying debris and secure 

potential flying hazards. Upon 

declaration of Port Condition X–RAY, 

all ports and waterfront facilities shall 

ensure that all requirements under Port 

Condition WHISKEY are implemented 

in addition to the removal of all 

hazardous materials, and securing all 

loose cargo, and cargo equipment. Upon 

a declaration of Port Condition 

YANKEE, all ports and waterfront 

facilities should ensure that all 

requirements under Port Condition X– 

RAY are implemented, and terminal 

operators shall cease all cargo 

operations not associated with storm 

preparations. 

Under the rule, the COTP retains 

flexibility in exercising control over 

vessel traffic during periods of heavy 

weather, and the rule allows for the 

expedited resumption of the MTS 

following such events. The safety zone 

consists of all waters of the territorial 

seas within the Sector Delaware Bay 

COTP Zone, as defined in 33 CFR 3.25– 

05. Portions of the safety zone might be 

activated at different times, as 

conditions dictated. The regulatory text 

appears at the end of this document. 

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 


khammond on DSKJM1Z7X2PROD with RULES