[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47374-47376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22040]



[[Page 47374]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0939]
RIN 1625-AA00


Safety Zone; Sector Key West COTP Zone Post Storm Recovery, 
Atlantic Ocean, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

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SUMMARY: The Coast Guard has established a temporary safety zone for 
certain waters within the Sector Key West Captain of the Port (COTP) 
Zone. Vessels are prohibited from entering into, anchoring, loitering, 
or movement within a safety zone around salvage or pollution removal 
vessels in the Florida Keys. These temporary regulations are necessary 
for the safety of persons, vessels, and property due to the large 
volume of debris, sunken vessels and salvage operations associated with 
Hurricane Irma. We invite your comments on this rulemaking.

DATES: This rule is effective without actual notice from October 12, 
2017 through December 1, 2017. For the purposes of enforcement, actual 
notice will be used from October 5, 2017 until October 12, 2017. 
Comments and related materials must be received by the Coast Guard on 
or before November 13, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0939 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 
rulemaking, call or email Lieutenant Scott Ledee, Waterways Management 
Division Chief, Sector Key West, FL, U.S. Coast Guard; telephone (305) 
292-8768, email <a href="/cdn-cgi/l/email-protection#89dac2dedee8fdecfbfee8f0fac9fcfaeaeea7e4e0e5"><span class="__cf_email__" data-cfemail="7b28302c2c1a0f1e090c1a02083b0e08181c55161217">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

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 insufficient time remains to publish 
an NPRM and to receive public comments, as Hurricane Irma has already 
caused significant damage to vessels and property in the Sector Key 
West COTP Zone leaving underwater debris and sunken vessels around the 
Florida Keys. The safety zone is necessary to provide for the safety of 
persons, vessels, and property from the hazards posed by sunken vessels 
and debris. For those reasons, it would be impracticable and contrary 
to the public interest to publish an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective less than 30 days after publication in 
the Federal Register. Any delay in the effective date of this rule 
would be contrary to the public interest because immediate action is 
needed to respond to the potential hazards associated with hurricane 
debris.
    The Coast Guard is soliciting public comments on this temporary 
interim rule. Although we need to make this interim rule effective 
starting October 5, 2017, we will consider public comments and may 
issue a temporary final rule that will supersede this interim rule 
based on comments received.

III. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice. Documents 
mentioned in this rule as being available in the docket, and all public 
comments, will be in our online docket at http://www.regulations.gov 
and can be viewed by following that Web site's instructions. 
Additionally, if you go to the online docket and sign up for email 
alerts, you will be notified when comments are posted or a final rule 
is published.

IV. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP Key West has determined that potential hazards 
associated with salvage operations and hurricane debris will be a 
safety concern for persons, vessels, and property within the waters of 
the ports mentioned above. This rule is necessary to protect persons, 
vessels, and property on the navigable waters within the safety zone 
while cleanup efforts are underway.

V. Discussion of the Rule

    Vessels are prohibited from entering into, anchoring, loitering, or 
movement within a safety zone around salvage or pollution removal 
vessels in the Florida Keys. These temporary regulations are necessary 
for the safety of persons, vessels, and property due to the large 
volume of debris, sunken vessels and salvage operations associated with 
Hurricane Irma.
    The COTP Key West will continue to evaluate conditions in the 
waters in the vicinity of the Florida Keys and may stop enforcing this 
rule earlier if the conditions permit. The Coast Guard will provide 
notification of the safety zone to the local maritime community by 
Marine Safety Information Bulletins, Broadcast Notice to Mariners, and 
on-scene designated representatives.

VI. 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.

[[Page 47375]]

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: The safety zone is of a small diameter around salvage and 
pollution recovery vessels and wreckage, and the Coast Guard will 
provide notice of the safety zones to the local maritime community by 
Marine Safety Information Bulletins, Broadcast Notice to Mariners, and 
designated on-scene representatives.

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 
VI.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 above.

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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 from which vessels are excluded. This rule 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; and Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T07-0939 to read as follows:


Sec.  165.T07-0939  Safety Zone; Sector Key West COTP Zone Post Storm 
Recovery, Atlantic Ocean, FL.

    (a) Location. The following area is a safety zone: All waters 
within 100 yards of all salvage vessels and pollution recovery vessels 
operating within 1 nautical mile of land in the Captain of the Port 
(COTP) Key West.
    (b) Definition. As used in this section, the term ``designated 
representative'' includes Coast Guard coxswains, petty officers, and 
other officers operating Coast Guard vessels, and Federal, state,

[[Page 47376]]

and local officers designated by or assisting the COTP Key West 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 
safety zone 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 safety zone 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 receiving such authorization must 
comply with the instructions of the COTP Key West or a designated 
representative.
    (d) Enforcement period. This rule will be enforced from 5 p.m. on 
October 5, 2017 through 8 a.m. on December 1, 2017, unless sooner 
terminated by the COTP Key West.

    Dated: October 5, 2017.
Jeffrey A. Janszen,
Captain, U.S. Coast Guard, Captain of the Port Key West.
[FR Doc. 2017-22040 Filed 10-11-17; 8:45 am]
 BILLING CODE 9110-04-P


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