Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Rules and Regulations 40447 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0557] 

RIN 1625–AA00 

Safety Zone; Hoonigan Gymkhana 

Event, Boot Key Harbor, Marathon, FL 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Boot Key Harbor, 

surrounding Boot Key Harbor Bridge, 

Marathon, FL, during the Hoonigan 

Gymkhana event. The safety zone will 

include all waters of Boot Key Harbor, 

300 feet East and West of the Boot Key 

Harbor Bridge in Marathon, FL, and is 

necessary to ensure the safety of 

participant vessels, spectators, and the 

public during the event. During the 

enforcement period, no person or vessel 

may enter, transit through, anchor in, or 

remain within the designated area 

unless specifically authorized by the 

Captain of the Port Key West or a 

designated representative. 

DATES: This rule is effective from 7:00 

a.m. on July 11, 2022, until 7:30 p.m., 

on July 12, 2022. The event is scheduled 

to take place from 7:00 a.m. to 7:30 p.m. 

on July 11, 2022, but if there is adverse 

weather on July 11, 2022, the event will 

be held from 7:00 a.m. until 7:30 p.m. 

on July 12, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0557 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 Isaiah Quinones, Waterways 

Management Division, Sector Key West, 

FL, U.S. Coast Guard; telephone (305) 

292–8823, 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. Doing so 

would be impracticable and contrary to 

the public interest. The primary 

justification for this action is that the 

Coast Guard did not receive final details 

of the event until June 27, 2022, and the 

event is scheduled to take place on July 

11, 2022. Therefore, the Coast Guard 

lacks sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. It would be impracticable and 

contrary to the public interest to delay 

promulgating this rule, as it is necessary 

to protect the safety of participants, 

spectators, the public, and vessels 

transiting the Boot Key Harbor Bridge. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this temporary rule effective less 

than 30 days after publication in the 

Federal Register. Delaying the effective 

date of this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with the 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 (COTP) Key 

West has determined that potential 

hazards associated with the Hoonigan 

Gymkhana event will be a safety 

concern for anyone within 300 feet East 

and West of the Boot Key Harbor Bridge 

in Marathon, FL. This rule is necessary 

to ensure the safety of the event 

participants, the public, vessels, and the 

navigable waters of Marathon, Florida, 

during the Hoonigan Gymkhana event. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

certain navigable waters of Boot Key 

Harbor near Marathon, FL, during the 

Hoonigan Gymkhana event. The safety 

zone will encompass all waters of Boot 

Key Harbor 300 feet East and West of 

the Boot Key Harbor Bridge in 

Marathon, FL. The event is scheduled to 

take place from 7:00 a.m. to 7:30 p.m. 

on July 11, 2022. In case of adverse 

weather on July 11, 2022, the event will 

be held from 7:00 a.m. until 7:30 p.m. 

on July 12, 2022. Approximately 10 

spectator craft are anticipated to attend 

the event. 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 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 Broadcast Notice to Mariners, 

and potentially 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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the following reasons: (1) 

the safety zone only being enforced for 

a total of eleven hours and thirty 

minutes; (2) 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 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. 


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40448 Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / 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 entity’’ comprises of small 

businesses and 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 would 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 

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 

Management 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 that will prohibit persons and 

vessels from entering, transiting 

through, anchoring in, or remaining 

within a limited area on the navigable 

waters of Marathon, Florida, during the 

Hoonigan Gymkhana even lasting 

eleven hours and thirty minutes. 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 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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T07–0557 to read as 

follows: 

§ 165.T07–0557 Safety Zone; Marathon, 

Boot Key Harbor Bridge, FL, Hoonigan 

Gymkhana Event. 

(a) Location. The following regulated 

area is a safety zone: The safety zone 

will encompass all waters of Boot Key 

Harbor, 300 feet East and West of the 

Boot Key Harbor Bridge in Marathon, 

FL. 

(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) 292–8727, or a 

designated representative via VHF–FM 

radio on channel 16 to request 

authorization. If authorization is 

granted, all persons and vessels 


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Federal Register / Vol. 87, No. 129 / Thursday, July 7, 2022 / Rules and Regulations 40449 

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 Broadcast 

Notice to Mariners via VHF–FM channel 

16, and/or by on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 7:00 a.m. until 

7:30 p.m. on July 11, 2022. In case of 

adverse weather on July 11, 2022, this 

section will be enforced from 7:00 a.m. 

until 7:30 p.m. on July 12, 2022. 

Dated: June 30, 2022. 

J.D. Ingram, 

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

Port Key West. 

[FR Doc. 2022–14415 Filed 7–6–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0547] 

RIN 1625–AA00 

Safety Zone; Lowering of Gerald 

Desmond Bridge; Long Beach, 

California 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

waters near Gerald Desmond Bridge 

during the removal of the over-the-water 

span. This action is necessary to provide 

for the safety of life on these navigable 

waters near Long Beach, CA, from July 

9 through July 11, 2022, where the overthe-water portion of the Gerald 

Desmond Bridge will be lowered and 

transported to pier T, Port of Long 

Beach. This rulemaking will prohibit 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port (COTP), Los 

Angeles—Long Beach, or a designated 

representative. 

DATES: This rule is effective from 12:01 

a.m. on July 9, 2022, through 11:59 p.m. 

July 11, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0547 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 

rulemaking, call or email LCDR Maria 

Wiener at Sector Los Angeles—Long 

Beach Waterways Management Branch 

at (310) 521–3860 or email D11-SMBSectorLALB-WWM@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 

On March 3, 2022, the Port of Long 

Beach notified the Coast Guard that it 

will be removing the over-the-water 

span of the Gerald Desmond Bridge 

from 12:01 a.m. on July 9, 2022, to 11:59 

p.m. on July 11, 2022. The removal will 

take place at mile 3.3 over Long Beach 

Harbor on the section of the bridge that 

is over the water. Hazards from removal 

include falling debris and construction 

work conducted on a barge that will be 

moored in such a way that it blocks the 

entire channel. The Captain of the Port 

(COTP), Los Angeles—Long Beach has 

determined that potential hazards 

associated with the removal of Gerald 

Desmond Bridge would be a safety 

concern for anyone within a 200-yard 

radius of freight barge FOSS 3612 (O.N. 

1255436) during lowering and transport 

of the bridge span. 

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 it is 

impracticable; the Coast Guard must 

establish this safety zone by July 9, 

2022. This urgent safety zone is required 

to protect the maritime public and the 

surrounding waterways from hazards 

associated with the bridge lowering and 

removal project. The Coast Guard lacks 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

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 contrary to public 

interest because action is needed to 

ensure the safety of life on the navigable 

waters near Long Beach, CA, during the 

bridge demolition activities scheduled 

to begin on July 9, 2022. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Los Angeles—Long 

Beach (COTP) has determined that 

potential hazards associated with the 

Gerald Desmond Bridge span removal 

and transport on July 9 through July 11, 

2022, will be a safety concern for 

waterways users within a 200-yard 

radius of freight barge FOSS 3612 (O.N. 

1255436). This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone before, during, 

and after the scheduled demolition. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within a 200-yard 

radius north of the bridge to 1,000-yard 

radius south of the Gerald Desmond 

Bridge before, during, and after the 

scheduled event. The Coast Guard is 

issuing this rulemaking under authority 

in 46 U.S.C. 70034 (previously 33 U.S.C. 

1231). 

IV. Discussion of the Rule 

The COTP is establishing a safety 

zone from 12:01 a.m. on July 9, 2022, to 

11:59 p.m. on July 11, 2022. The safety 

zone covers all navigable waters within 

a 200-yard radius of freight barge FOSS 

3612 (O.N. 1255436). The duration of 

the zone is intended to ensure the safety 

of vessels and these navigable waters 

before, during, and after the scheduled 

lowering of the over-water-span of the 

Gerald Desmond Bridge. The COTP will 

announce the dates and times of 

enforcement via local notice to 

mariners. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

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. 


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