9110-04-P
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0472]
RIN 1625-AA00
Safety Zone; Key West July 4th Fireworks, Key West, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule
SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable
waters surrounding Key West, Florida, for a fireworks display. The safety zone will
encompass all waters within a 800-foot radius of the White Street Pier in Key West, FL.
The safety zone is needed to protect personnel, vessels, the marine environment from the
potential hazards created by a fireworks display. 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 8 p.m. through 10 p.m. on July 4, 2024.
ADDRESSES: To view documents mentioned in this preamble as being available in the
docket, go to https://www.regulations.gov, type USCG-2024-0472 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 Petty Officer Hayden Hunt, Waterways Management Division, Sector
Key West, FL, U.S. Coast Guard; telephone 305-292-8823, email
Hayden.B.Hunt@uscg.mil.
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations
COTP
CFR
DHS
FR
NPRM
§
U.S.C.

Captain of the Port
Code of Federal Regulations
Department of Homeland Security
Federal Register
Notice of proposed rulemaking
Section
United States Code

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. The Coast
Guard did not receive final details of the event until June 4, 2024. It is impracticable to
go through the full notice and comment rulemaking process because the Coast Guard
must establish this safety zone by July 4, 2024, and lacks sufficient time to provide for a
comment period and then consider those comments before issuing the rule. Additionally,
immediate action is needed to protect personnel, vessels, and the marine environment in
the Beaufort River within the safety zone while the fireworks show is underway.
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 necessary to protect personnel, vessels, and the marine environment
from the potential safety hazards associated with the firework display launching from
White Street Pier in Key West, FL.
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 the fireworks display on July 4, 2024, will be a safety concern for anyone within 800
feet of the White Street Pier in Key West, FL. This rule is needed to ensure the safety of
vessels and persons in the navigable waters before, during, and after a barge-based
fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 p.m. until 10 p.m. on July 4, 2024. The
safety zone will cover certain navigable waters within an 800-foot radius around the
White Street Pier in Key West, FL. The duration of the zone is intended to ensure the
safety of vessels and persons before, during, and after the fireworks display. 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 limited duration and
narrowly tailored geographic area of the safety zone. Although the rule restricts access to

the waters encompassed by the safety zone, the effect of this rule will not be significant
because the local waterways users will be notified to ensure the safety zone will result in
minimal impact during the 2 hours of the fireworks display. Additionally, vessel traffic
will be able to safely transit around the safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires
Federal agencies to consider the potential impact of regulations on small entities during
rulemaking. The term “small entities” comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than 50,000. The Coast
Guard certifies under 5 U.S.C. 605(b) that this 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 (Public Law 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 2 hours that will prohibit entry within an 800-foot radius from
the launching area of the fireworks display. 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.T07-0369 to read as follows:
§ 165.T07-0369 Safety Zone; Key West, FL
(a) Location. The following regulated area is a safety zone: All waters near
White Street Pier within the arc of a circle with a 800-foot radius from approximate
position 24 °54.5411' N, -081 ° 78.3422’ W.
(b) Definition. As used in this section, 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) Under the general safety zone regulations in subpart C of
this part, you may not enter the safety zone described in paragraph (a) of this section
unless authorized by the COTP or the COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP’s representative
by Marine Band Radio VHF-FM channel 16 (156.8 MHz). Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP or the COTP’s
designated representative.
(d) Enforcement Period. This section will be enforced from 8 p.m. until 10 p.m.
on July 4, 2024.

Dated: June 10, 2024.
Jason D. Ingram
Captain, U.S. Coast Guard,
Captain of the Port Key West.
[FR Doc. 2024-13233 Filed: 6/14/2024 8:45 am; Publication Date: 6/17/2024]