Safety Zone; Seddon Channel, Tampa, FL

Published date03 May 2024
Record Number2024-09697
Citation89 FR 36671
CourtCoast Guard,Homeland Security Department
SectionRules and Regulations
Federal Register, Volume 89 Issue 87 (Friday, May 3, 2024)
[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
                [Rules and Regulations]
                [Pages 36671-36673]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-09697]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 165
                [Docket Number USCG-2024-0203]
                RIN 1625-AA00
                Safety Zone; Seddon Channel, Tampa, FL
                AGENCY: Coast Guard, DHS.
                ACTION: Temporary final rule.
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                SUMMARY: The Coast Guard is establishing a temporary safety zone on the
                waters of Seddon Channel in Tampa Bay, Tampa, Florida during the US
                Special Operations Command capabilities demonstration (CAPE DEMO). The
                safety zone is needed to protect personnel, vessels, and the marine
                environment from potential hazards created by airborne and waterborne
                activities occurring during the exercise. Persons and vessels are
                prohibited from entering, transiting through, anchoring in, or
                remaining within the safety zone unless authorized by the Captain of
                the Port (COTP), St. Petersburg or a designated representative.
                DATES: This rule is effective from May 6, 2024 through May 9, 2024. It
                will only be subject to enforcement, however, from 7:30 a.m. until 4
                p.m. on each of the days it is in effect.
                ADDRESSES: To view documents mentioned in this preamble as being
                available in the docket, go to https://www.regulations.gov, type USCG-
                2024-0203 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 MST1 Mara J. Brown, Sector St. Petersburg Prevention
                Department, Coast Guard; telephone (813) 228-2191, email
                [email protected].
                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
                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 it is impracticable
                and contrary to the public interest to do so. The Coast Guard received
                insufficient notice from the event sponsor to be able to publish an
                NPRM, receive, consider, and respond to public comments in time to
                publish a final rule prior to the date of the event.
                 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 by 30 days is impracticable because the notice we received is
                also insufficient to do so if the rule is to go into effect on May 6.
                III. Legal Authority and Need for Rule
                 The Coast Guard is issuing this rule under authority in 46 U.S.C.
                70034. The Captain of the Port, Sector St. Petersburg (COTP) has
                determined that potential hazards associated with the demonstration
                will be a safety concern for anyone within the exercise area. This rule
                is needed to protect personnel,
                [[Page 36672]]
                vessels, and the marine environment in the navigable waters within the
                safety zone during the demonstration.
                IV. Discussion of the Rule
                 This rule establishes a safety zone which will be subject to
                enforcement from 7:30 a.m. until 4 p.m., daily, from May 6, 2024
                through May 9, 2024. The safety zone will cover an area of the Seddon
                Channel in the vicinity of the Tampa Convention Center, in Tampa,
                Florida. The US Special Operations Command capabilities demonstration
                (CAPE DEMO) is expected to consist of multiple airborne and waterborne
                activities, including people using blank ammunition, fast-roping, and
                jumping out of helicopters, as well as engaging in high-speed boat
                pursuits, and in amphibious vehicles operations.
                 The duration of the zone is intended to ensure the safety of the
                participants, spectators, and the general public during the scheduled
                events. No vessel or person, not involved in the events, will be
                permitted to enter, transit through, anchor in, or remain within the
                safety zone without obtaining permission from the COTP or a designated
                representative. If authorization to enter, transit through, anchor in,
                or remain within the safety zone is granted by the COTP or a designated
                representative, all persons and vessels receiving such authorization
                must comply with the instructions of 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 following
                reasons: (1) the safety zone only being enforced for a total of eight
                and a half hours each day; (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.
                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
                temporary safety zone that will prohibit non-participant persons and
                vessels from entering, transiting through, anchoring in, or remaining
                within a limited area on the waters of the Seddon Channel in the
                vicinity of Tampa, Florida for a period, over three days. It is
                categorically excluded from further review under paragraph L60(a) of
                [[Page 36673]]
                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
                0
                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; and Department of Homeland Security Delegation
                No. 00170.1, Revision No. 01.3.
                0
                2. Add Sec. 165.T07-0203 to read as follows:
                Sec. 165.T07-0203 Safety Zone; Seddon Channel, Tampa, FL
                 (a) Location. The following area is established as a safety zone.
                All waters of Seddon Channel encompassed within the following points:
                27[deg]56'14'' N, 082[deg]27'25'' W, thence to position 27[deg]56'15''
                N, 082[deg]27'19'' W; thence to position 27[deg]56'22'' N,
                082[deg]27'16'' W, thence to position 27[deg]56'25'' N, 082[deg]27'17''
                W; thence to position 27[deg]56'30'' N, 082[deg]27'29'' W, thence to
                position 27[deg]56'29'' N, 082[deg]27'33'' W, thence to position
                27[deg]56'25'' N, 082[deg]27'35'' W, thence to position 27[deg]56'23''
                N, 082[deg]27'33'' W, thence back to the original position
                27[deg]56'14'' N, 082[deg]27'25'' W. All coordinates are North American
                Datum 1983.
                 (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
                Captain of the Port St. Petersburg in the enforcement of the regulated
                areas.
                 (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 Captain of the Port St.
                Petersburg or a designated representative.
                 (2) Designated representatives may control vessel traffic
                throughout the enforcement area as determined by the prevailing
                conditions.
                 (3) Persons and vessels may request authorization to enter, transit
                through, anchor in, or remain within the regulated areas by contacting
                the Captain of the Port St. Petersburg by telephone at (727) 824-7506,
                or a designated representative via VHF radio on channel 16. If
                authorization is granted by the Captain of the Port St. Petersburg or a
                designated representative, all persons and vessels receiving such
                authorization must comply with the instructions of the Captain of the
                Port St. Petersburg or a designated representative.
                 (d) Enforcement Period. This rule will be enforced daily from 7:30
                a.m. until 4 p.m., from May 6, 2024 through May 9, 2024.
                 Dated: April 29, 2024.
                Michael P. Kahle,
                Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
                [FR Doc. 2024-09697 Filed 5-2-24; 8:45 am]
                BILLING CODE 9110-04-P
                

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