83 FR 16780 - Safety Zone; Recurring Marine Events, Sector Key West, Florida
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 74 (April 17, 2018)
Coast Guard
Federal Register Volume 83, Issue 74 (April 17, 2018)
| Page Range | 16780-16783 | |
| FR Document | 2018-08014 |
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)] [Rules and Regulations] [Pages 16780-16783] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08014] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0159] RIN 1625-AA00 Safety Zone; Recurring Marine Events, Sector Key West, Florida AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing moving safety zones for certain waters within the Sector Key West Captain of the Port (COTP) Zone for five annually recurring marine events. This action is necessary to provide for the safety of the participants, participant vessels, and the general public on the navigable waters of the United States during these events. When these safety zones are activated and subject to enforcement, this rule would prohibit persons and vessels, other than those participating in the event, from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the COTP Key West or a designated representative. DATES: This rule is effective May 17, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-0159 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 [email protected]. 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 Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis Swim events and marine events are held on an annual recurring basis on the navigable waters within the Sector Key West COTP Zone. In the past, the Coast Guard has established safety zones for these annual recurring events on a case by case basis to ensure the protection of the maritime public and event participants from the hazards associated with these events. This rule will consistently apprise the public in a timely manner through permanent publication in Title 33 of the Code of Federal Regulations. The Table in this rule lists each annual recurring event requiring a regulated area as administered by the Coast Guard. By establishing a permanent regulation containing these annual recurring marine events, the Coast Guard would eliminate the need to establish temporary rules for events that occur on an annual basis. On May 16, 2017, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; Recurring Marine Events, Sector Key West, Florida, 82 FR 22448. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to these recurring marine events. During the comment period that ended June 15, 2017, we received no comments. The legal basis and authorities for this rule is found in 33 U.S.C. 1231. III. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published May 16, 2017. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes five new annually recurring marine events to 33 CFR 165.786, as listed in the attached Table to Sec. 165.786. The Table provides the event name, the sponsor name, the location of the event, and the approximate date and time of each event. The specific times, dates, regulated areas and enforcement period [[Page 16781]] for each event will be provided through Broadcast Notice to Mariners, a Notice of Enforcement published in the Federal Register, and the Local Notice to Mariners which can be found at the following link: https://www.navcen.uscg.gov/?pageName=lnmDistrict®ion=7. The safety zones established by this rule would cover all 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 the safety vessels. This rule prevents vessels from transiting areas specifically designated as safety zones during the periods of enforcement to ensure the protection of the maritime public and event participants from the hazards associated with the listed annual recurring events. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP Key West or a designated representative. The regulatory text appears at the end of this document. IV. 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: (1) The safety zones would only be enforced during limited time intervals during the swim and paddle events; (2) vessels may be authorized to enter the regulated areas with permission of the COTP Key West or a designated representative; and (3) advanced notification of closures will be made via Local Notice to Mariners, Broadcast to Mariners, and through a Notice of Enforcement published in the Federal Register. 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 received no comments from the Small Business Administration on this rulemaking. 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 zones may be small entities, for the reasons stated in section IV.A above, this rule would 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 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 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 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 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 would 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, which guides 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 the establishment of safety zones. 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. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. [[Page 16782]] 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; Department of Homeland Security Delegation No. 0170.1. 0 2. Add a new Sec. 165.786 to read as follows: Sec. 165.786 Safety Zone; recurring marine events, Sector Key West, Florida. (a) Regulations. (1) In accordance with 33 CFR 165.23, entering, transiting through, anchoring in, or remaining within the safety zones listed in the Table to Sec. 165.786 during periods of enforcement is prohibited unless authorized by the Captain of the Port (COTP) Sector Key West or a designated representative. (2) These regulations will be enforced for the duration of each event. Notifications of exacts dates and times of the enforcement period will be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners and through a Notice of Enforcement in the Federal Register well in advance of the events. Mariners should consult the Federal Register or their Local Notice to Mariners to remain apprised of schedule their Local Notice to Mariners to remain apprised of schedule or event changes. (3) During periods of enforcement, upon being hailed by a Coast Guard vessel by siren, radio, flashing light or other means, the operator must proceed as directed. (4) Vessel operators desiring to enter, transit through, anchor in, or remain within the regulated area during the enforcement period shall contact the COTP Sector Key West or the designated on-scene representative via VHF channel 16 or call the Sector Key West Command Center at (305) 292-8727 to obtain permission. (b) Definition. The term ``designated representative'' means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the COTP Key West in the enforcement of the regulated areas. (c) The COTP Key West or designated representative may delay or terminate any event in this subpart at any time to ensure safety of life or property. Such action may be justified as a result of weather, traffic density, spectator operation, or participant behavior. (d) The regulated area for all marine events listed in Table 1 of Sec. 165.786 is that area of 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. Table to Sec. 165.786 [Datum NAD 1983] ------------------------------------------------------------------------ ------------------------------------------------------------------------ 4.0 APRIL ------------------------------------------------------------------------ 4.1 Key West Paddle Board Classic...... Event Type: Paddle Event. Sponsor: Lazy Dog Adventure Outfitters. Dates: A one day event held on the last weekend in April. Time (Approximate): 9:00 a.m. to 4:00 p.m., daily. Location(s): Begins at Higgs Beach in Key West, Florida at a point Latitude 24[deg]32.81' N, longitude 081[deg]47.20' W, thence west offshore of Fort Zach State Park to latitude 24[deg]32.72' N, longitude 081[deg]48.77' W, thence north through Key West Harbor to latitude 24[deg]34.10' N, longitude 081[deg]48.14' W, thence east through Fleming Cut to latitude 24[deg]34.42' N, longitude 081[deg]45.08' W, south on Cow Key Channel to latitude 24[deg]33.04' N, longitude 081[deg]44.98' W, and thence west to point of origin at latitude 24[deg]32.81' N, longitude 081[deg]47.20' W. ------------------------------------------------------------------------ 6.0 JUNE ------------------------------------------------------------------------ 6.1 FKCC Swim Around Key West.......... Event Type: Swim Event. Sponsor: Florida Keys Community College. Dates: A one day event held on a Saturday in June. Time (Approximate): 7:30 a.m. to 4:00 p.m. Location(s): Begins at Smathers Beach in Key West, Florida at a point Latitude 24[deg]33.01' N, longitude 081[deg]46.47' W, thence west offshore of Fort Zach State Park to latitude 24[deg]32.72' N, longitude 081[deg]48.77' W, thence north through Key West Harbor to latitude 24[deg]34.10' N, longitude 081[deg]48.14' W, thence east through Fleming Cut to latitude 24[deg]34.42' N, longitude 081[deg]45.08' W, south on Cow Key Channel to latitude 24[deg]33.04' N, longitude 081[deg]44.98' W, and thence west to point of origin at latitude 24[deg]33.01' N, longitude 081[deg]46.47' W. ------------------------------------------------------------------------ 6.2 Annual Swim Around Key West........ Event Type: Swim Event. Sponsor: Key West Athletic Association. Dates: A one day event held on a Saturday in June. Time (Approximate): 7:30 a.m. to 4:00 p.m. [[Page 16783]] Location(s): Begins at Smathers Beach in Key West, Florida at a point Latitude 24[deg]33.01' N, longitude 081[deg]46.47' W, thence west offshore of Fort Zach State Park to latitude 24[deg]32.72' N, longitude 081[deg]48.77' W, thence north through Key West Harbor to latitude 24[deg]34.10' N, longitude 081[deg]48.14' W, thence east through Fleming Cut to latitude 24[deg]34.42' N, longitude 081[deg]45.08' W, south on Cow Key Channel to latitude 24[deg]33.04' N, longitude 081[deg]44.98' W, and thence west to point of origin at latitude 24[deg]33.01' N, longitude 081[deg]46.47' W. ------------------------------------------------------------------------ 7.0 JULY ------------------------------------------------------------------------ 7.1 Hemingway Paddle Board Race........ Event Type: Paddle Event. Sponsor: Hemingway Sunset Run LLC. Dates: A one day event held on the 2nd or 3rd Saturday in July. Time (Approximate): 6:00 p.m. to 7:30 p.m. Location(s): Begins at Higgs Beach in Key West, Florida at a point Latitude 24[deg]32.79' N, longitude 081[deg]47.74' W, thence east to latitude 24[deg]32.56' N, longitude 081[deg]47.11' W, thence east to latitude 24[deg]33.01' N, longitude 081[deg]46.47' W, thence west to latitude 24[deg]32.56' N, longitude 081[deg]47.11' W, and thence west to point of origin at latitude 24[deg]32.79' N, longitude 081[deg]47.74' W. ------------------------------------------------------------------------ 9.0 SEPTEMBER ------------------------------------------------------------------------ 9.1 Swim for Alligator Lighthouse...... Event Type: Swim Event. Sponsor: Friends of the Pool. Dates: A one day event held on the 3rd Saturday in September. Time (Approximate): 7:30 a.m. to 4:30 p.m. Location(s) (Primary): Beginning at a point Latitude 24[deg]54.82' N, longitude 080[deg]38.03' W, thence to latitude 24[deg]54.36' N, longitude 080[deg]37.72' W, thence to latitude 24[deg]51.07' N, longitude 080[deg]37.14' W, thence to latitude 24[deg]54.36' N, longitude 080[deg]37.72' W, thence to point of origin at latitude 24[deg]54.82' N, longitude 080[deg]38.03' W. Location(s) (Alternate)\1\: Beginning at a point Latitude 24[deg]54.82' N, longitude 080[deg]38.03' W, thence to latitude 24[deg]53.25' N, longitude 080[deg]37.04' W, thence to latitude 24[deg]52.05' N, longitude 080[deg]38.85' W, thence to latitude 24[deg]54.36' N, longitude 080[deg]37.72' W, thence to point of origin at latitude 24[deg]54.82' N, longitude 080[deg]38.03' W. ------------------------------------------------------------------------ Dated: April 3, 2018. Jeffrey A. Janszen, Captain, U.S. Coast Guard, Captain of the Port Key West. [FR Doc. 2018-08014 Filed 4-16-18; 8:45 am] BILLING CODE 9110-04-P
![16780 Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations
Protesters are asked to contact the (3) Vessel operators desiring to enter call or email Lieutenant Scott Ledee,
person listed in the FOR FURTHER or operate within the safety zone must Waterways Management Division Chief,
INFORMATION CONTACT section to contact the COTP or a designated Sector Key West, FL, U.S. Coast Guard;
coordinate protest activities so that your representative to obtain permission to telephone (305) 292–8768, email
message can be received without do so. Vessel operators given permission SKWWaterways@uscg.mil.
jeopardizing the safety or security of to enter or operate in the safety zone SUPPLEMENTARY INFORMATION:
people, places or vessels. must comply with all directions given to
them by the COTP or a designated I. Table of Abbreviations
List of Subjects in 33 CFR Part 165
representative. Persons and vessels may COTP Captain of the Port
Harbors, Marine safety, Navigation request permission to enter the safety CFR Code of Federal Regulations
(water), Reporting and recordkeeping zones on VHF–23A or through the 24- DHS Department of Homeland Security
requirements, Security measures, hour Command Center at telephone FR Federal Register
Waterways. (415) 399–3547. NPRM Notice of proposed rulemaking
§ Section
For the reasons discussed in the Dated: March 29, 2018 U.S.C. United States Code
preamble, the Coast Guard amends 33 Anthony J. Ceraolo,
CFR part 165 as follows: II. Background, Purpose, and Legal
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
Basis
PART 165—REGULATED NAVIGATION Swim events and marine events are
[FR Doc. 2018–08012 Filed 4–16–18; 8:45 am]
AREAS AND LIMITED ACCESS AREAS held on an annual recurring basis on the
BILLING CODE 9110–04–P
navigable waters within the Sector Key
■ 1. The authority citation for part 165
West COTP Zone. In the past, the Coast
continues to read as follows:
DEPARTMENT OF HOMELAND Guard has established safety zones for
Authority: 33 U.S.C 1231; 50 U.S.C. 191; SECURITY these annual recurring events on a case
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; by case basis to ensure the protection of
Department of Homeland Security Delegation Coast Guard the maritime public and event
No. 0170.1
participants from the hazards associated
■ 2. Add § 165.T11–921 to read as 33 CFR Part 165 with these events. This rule will
follows: [Docket Number USCG–2017–0159] consistently apprise the public in a
timely manner through permanent
§ 165.T11–921 Safety Zone; Barge PFE– RIN 1625–AA00 publication in Title 33 of the Code of
LB444, San Joaquin River, Blackslough
Landing, CA. Federal Regulations. The Table in this
Safety Zone; Recurring Marine Events, rule lists each annual recurring event
(a) Location. The following area is a Sector Key West, Florida requiring a regulated area as
safety zone: all navigable waters within administered by the Coast Guard.
AGENCY: Coast Guard, DHS.
90 yards of the unstable, partially By establishing a permanent
submerged barge and associated ACTION: Final rule.
regulation containing these annual
recovery efforts centered in approximate SUMMARY: The Coast Guard is recurring marine events, the Coast
position 37°59′41.88″ N, 121°25′8.88″ W establishing moving safety zones for Guard would eliminate the need to
(NAD 83). certain waters within the Sector Key establish temporary rules for events that
(b) Enforcement period. The zone West Captain of the Port (COTP) Zone occur on an annual basis. On May 16,
described in paragraph (a) of this for five annually recurring marine 2017, the Coast Guard published a
section will be enforced from March 30, events. This action is necessary to notice of proposed rulemaking (NPRM)
2018 through April 30, 2018. The provide for the safety of the titled Safety Zone; Recurring Marine
Captain of the Port San Francisco participants, participant vessels, and the Events, Sector Key West, Florida, 82 FR
(COTP) will notify the maritime general public on the navigable waters 22448. There we stated why we issued
community of periods during which of the United States during these events. the NPRM, and invited comments on
these zones will be enforced via When these safety zones are activated our proposed regulatory action related
Broadcast Notice to Mariners in and subject to enforcement, this rule to these recurring marine events. During
accordance with 33 CFR 165.7. would prohibit persons and vessels, the comment period that ended June 15,
(c) Definitions. As used in this other than those participating in the 2017, we received no comments.
section, ‘‘designated representative’’ event, from entering, transiting through, The legal basis and authorities for this
means a Coast Guard Patrol anchoring in, or remaining within the rule is found in 33 U.S.C. 1231.
Commander, including a Coast Guard regulated area unless authorized by the
coxswain, petty officer, or other officer III. Discussion of Comments, Changes,
COTP Key West or a designated
on a Coast Guard vessel or a Federal, and the Rule
representative.
State, or local officer designated by or As noted above, we received no
assisting the COTP in the enforcement DATES: This rule is effective May 17,
comments on our NPRM published May
of the safety zone. 2018.
16, 2017. There are no changes in the
(d) Regulations. (1) Under the general ADDRESSES: To view documents regulatory text of this rule from the
regulations in 33 CFR part 165, subpart mentioned in this preamble as being proposed rule in the NPRM. This rule
C, entry into, transiting or anchoring available in the docket, go to http:// establishes five new annually recurring
within this safety zone is prohibited www.regulations.gov, type USCG–2017– marine events to 33 CFR 165.786, as
daltland on DSKBBV9HB2PROD with RULES
unless authorized by the COTP or the 0159 in the ‘‘SEARCH’’ box and click listed in the attached Table to § 165.786.
COTP’s designated representative. ‘‘SEARCH.’’ Click on Open Docket The Table provides the event name, the
(2) The safety zone is closed to all Folder on the line associated with this sponsor name, the location of the event,
vessel traffic, except as may be rule. and the approximate date and time of
permitted by the COTP or a designated FOR FURTHER INFORMATION CONTACT: If each event. The specific times, dates,
representative. you have questions on this rulemaking, regulated areas and enforcement period
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G. Protest Activities § 165.786 Safety Zone; recurring marine within the regulated area during the
events, Sector Key West, Florida. enforcement period shall contact the
The Coast Guard respects the First
(a) Regulations. (1) In accordance with COTP Sector Key West or the designated
Amendment rights of protesters.
33 CFR 165.23, entering, transiting on-scene representative via VHF
Protesters are asked to contact the
through, anchoring in, or remaining channel 16 or call the Sector Key West
person listed in the FOR FURTHER
within the safety zones listed in the Command Center at (305) 292–8727 to
INFORMATION CONTACT section to
Table to § 165.786 during periods of obtain permission.
coordinate protest activities so that your
enforcement is prohibited unless (b) Definition. The term ‘‘designated
message can be received without
authorized by the Captain of the Port representative’’ means Coast Guard
jeopardizing the safety or security of
(COTP) Sector Key West or a designated Patrol Commanders, including Coast
people, places, or vessels.
representative. Guard coxswains, petty officers, and
List of Subjects in 33 CFR Part 165 (2) These regulations will be enforced other officers operating Coast Guard
for the duration of each event. vessels, and Federal, state, and local
Harbors, Marine safety, Navigation Notifications of exacts dates and times officers designated by or assisting the
(water), Reporting and recordkeeping of the enforcement period will be made COTP Key West in the enforcement of
requirements, Security measures, to the local maritime community the regulated areas.
Waterways. through the Local Notice to Mariners (c) The COTP Key West or designated
For the reasons discussed in the and Broadcast Notice to Mariners and representative may delay or terminate
preamble, the Coast Guard amends 33 through a Notice of Enforcement in the any event in this subpart at any time to
CFR part 165 as follows: Federal Register well in advance of the ensure safety of life or property. Such
events. Mariners should consult the action may be justified as a result of
PART 165—REGULATED NAVIGATION Federal Register or their Local Notice to weather, traffic density, spectator
AREAS AND LIMITED ACCESS AREAS Mariners to remain apprised of schedule operation, or participant behavior.
their Local Notice to Mariners to remain (d) The regulated area for all marine
■ 1. The authority citation for part 165 apprised of schedule or event changes. events listed in Table 1 of § 165.786 is
continues to read as follows: (3) During periods of enforcement, that area of navigable waters within 50
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; upon being hailed by a Coast Guard yards in front of the lead safety vessel
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; vessel by siren, radio, flashing light or preceding the first event participants, 50
Department of Homeland Security Delegation other means, the operator must proceed yards behind the safety vessel trailing
No. 0170.1. as directed. the last event participants, and at all
■ 2. Add a new § 165.786 to read as (4) Vessel operators desiring to enter, times extend 100 yards on either side of
follows: transit through, anchor in, or remain safety vessels.
TABLE TO § 165.786
[Datum NAD 1983]
4.0 APRIL
4.1 Key West Paddle Board Classic ...................................................... Event Type: Paddle Event.
Sponsor: Lazy Dog Adventure Outfitters.
Dates: A one day event held on the last weekend in April.
Time (Approximate): 9:00 a.m. to 4:00 p.m., daily.
Location(s): Begins at Higgs Beach in Key West, Florida at a point
Latitude 24°32.81′ N, longitude 081°47.20′ W, thence west offshore
of Fort Zach State Park to latitude 24°32.72′ N, longitude 081°48.77′
W, thence north through Key West Harbor to latitude 24°34.10′ N,
longitude 081°48.14′ W, thence east through Fleming Cut to latitude
24°34.42′ N, longitude 081°45.08′ W, south on Cow Key Channel to
latitude 24°33.04′ N, longitude 081°44.98′ W, and thence west to
point of origin at latitude 24°32.81′ N, longitude 081°47.20′ W.
6.0 JUNE
6.1 FKCC Swim Around Key West ........................................................ Event Type: Swim Event.
Sponsor: Florida Keys Community College.
Dates: A one day event held on a Saturday in June.
Time (Approximate): 7:30 a.m. to 4:00 p.m.
Location(s): Begins at Smathers Beach in Key West, Florida at a point
Latitude 24°33.01′ N, longitude 081°46.47′ W, thence west offshore
of Fort Zach State Park to latitude 24°32.72′ N, longitude 081°48.77′
W, thence north through Key West Harbor to latitude 24°34.10′ N,
longitude 081°48.14′ W, thence east through Fleming Cut to latitude
24°34.42′ N, longitude 081°45.08′ W, south on Cow Key Channel to
latitude 24°33.04′ N, longitude 081°44.98′ W, and thence west to
daltland on DSKBBV9HB2PROD with RULES
point of origin at latitude 24°33.01′ N, longitude 081°46.47′ W.
6.2 Annual Swim Around Key West ...................................................... Event Type: Swim Event.
Sponsor: Key West Athletic Association.
Dates: A one day event held on a Saturday in June.
Time (Approximate): 7:30 a.m. to 4:00 p.m.
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TABLE TO § 165.786—Continued
[Datum NAD 1983]
Location(s): Begins at Smathers Beach in Key West, Florida at a point
Latitude 24°33.01′ N, longitude 081°46.47′ W, thence west offshore
of Fort Zach State Park to latitude 24°32.72′ N, longitude 081°48.77′
W, thence north through Key West Harbor to latitude 24°34.10′ N,
longitude 081°48.14′ W, thence east through Fleming Cut to latitude
24°34.42′ N, longitude 081°45.08′ W, south on Cow Key Channel to
latitude 24°33.04′ N, longitude 081°44.98′ W, and thence west to
point of origin at latitude 24°33.01′ N, longitude 081°46.47′ W.
7.0 JULY
7.1 Hemingway Paddle Board Race ...................................................... Event Type: Paddle Event.
Sponsor: Hemingway Sunset Run LLC.
Dates: A one day event held on the 2nd or 3rd Saturday in July.
Time (Approximate): 6:00 p.m. to 7:30 p.m.
Location(s): Begins at Higgs Beach in Key West, Florida at a point
Latitude 24°32.79′ N, longitude 081°47.74′ W, thence east to latitude
24°32.56′ N, longitude 081°47.11′ W, thence east to latitude
24°33.01′ N, longitude 081°46.47′ W, thence west to latitude
24°32.56′ N, longitude 081°47.11′ W, and thence west to point of ori-
gin at latitude 24°32.79′ N, longitude 081°47.74′ W.
9.0 SEPTEMBER
9.1 Swim for Alligator Lighthouse .......................................................... Event Type: Swim Event.
Sponsor: Friends of the Pool.
Dates: A one day event held on the 3rd Saturday in September.
Time (Approximate): 7:30 a.m. to 4:30 p.m.
Location(s) (Primary): Beginning at a point Latitude 24°54.82′ N, lon-
gitude 080°38.03′ W, thence to latitude 24°54.36′ N, longitude
080°37.72′ W, thence to latitude 24°51.07′ N, longitude 080°37.14′
W, thence to latitude 24°54.36′ N, longitude 080°37.72′ W, thence to
point of origin at latitude 24°54.82′ N, longitude 080°38.03′ W.
Location(s) (Alternate)1: Beginning at a point Latitude 24°54.82′ N, lon-
gitude 080°38.03′ W, thence to latitude 24°53.25′ N, longitude
080°37.04′ W, thence to latitude 24°52.05′ N, longitude 080°38.85′
W, thence to latitude 24°54.36′ N, longitude 080°37.72′ W, thence to
point of origin at latitude 24°54.82′ N, longitude 080°38.03′ W.
Dated: April 3, 2018. of the Keesler Air Force Base (KAFB) SUPPLEMENTARY INFORMATION: The 81st
Jeffrey A. Janszen, located in Biloxi, Mississippi, on behalf Security Forces Anti-Terrorism Office,
Captain, U.S. Coast Guard, Captain of the of a request by the United States Air KAFB, located in Biloxi, Mississippi is
Port Key West. Force (USAF) 81st Security Forces Anti- responsible for United States Air Force
[FR Doc. 2018–08014 Filed 4–16–18; 8:45 am] Terrorism Office. The no anchorage perimeter security at KAFB located in
BILLING CODE 9110–04–P restricted area will be established by Biloxi, Mississippi. In accordance with
placing 12 buoys to demarcate the Department of Defense and Department
approximately 10,000 feet of shoreline of the Air Force guidance, the 81st
DEPARTMENT OF DEFENSE east to west and extend approximately Security Forces Anti-Terrorism Office is
150 feet from the shoreline of the base. responsible for the antiterrorism efforts
Department of the Army, Corps of The restricted area is essential to and force protection of Department of
Engineers address a major anti-terrorism and the Air Force assets under his or her
safety concern due to the lack of charge. In response to a request by the
33 CFR Part 334 perimeter fencing or physical denial United States Air Force, and pursuant to
system. its authorities in Section 7 of the Rivers
[COE–2017–0007] and Harbors Act of 1917 (40 Stat. 266;
DATES: Effective Date: May 17, 2018. 33 U.S.C. 1) and Chapter XIX of the
United States Air Force 81st Security
Forces Anti-Terrorism Office, ADDRESSES: U.S. Army Corps of Army Appropriations Act of 1919 (40
Restricted Area, Keesler Air Force Engineers, Attn: CECW–CO (David Stat. 892; 33 U.S.C. 3), the Corps is
Base, Biloxi, Mississippi Olson), 441 G Street NW, Washington, amending the regulations in 33 CFR part
DC 20314–1000. 334 by establishing a new restricted
AGENCY: U.S. Army Corps of Engineers, area.
FOR FURTHER INFORMATION CONTACT: Mr. The proposed rule was published in
daltland on DSKBBV9HB2PROD with RULES
DoD.
ACTION: Final rule. David Olson, Headquarters, Operations the November 16, 2017, edition of the
and Regulatory Community of Practice, Federal Register (82 FR 53440) and the
SUMMARY: The U.S. Army Corps of Washington, DC at 202–761–4922 or Mr. docket number was COE–2017–0007. In
Engineers (Corps) is establishing a no Don Mroczko, U.S. Army Corps of response to the proposal, four comments
anchorage restricted area within waters Engineers, Mobile District, at 251–690– were received. One commenter stated
along the Back Bay of Biloxi shoreline 3185. support for the project. Three agency
VerDate Sep<11>2014 17:24 Apr 16, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\17APR1.SGM 17APR1](https://thefederalregister.org/doc/83_FR_16854/page/4.svg)
Document Created: 2018-04-17 02:52:40
Document Modified: 2018-04-17 02:52:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective May 17, 2018. | |
| 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 [email protected] | |
| FR Citation | 83 FR 16780 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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