Safety Zone; Super Bowl LV; Hillsborough Bay and River, Tampa, FL
| Published date | 04 January 2021 |
| Citation | 86 FR 32 |
| Record Number | 2020-26070 |
| Section | Proposed rules |
| Court | Coast Guard |
Federal Register, Volume 86 Issue 1 (Monday, January 4, 2021)
[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Proposed Rules]
[Pages 32-34]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26070]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2020-0691]
RIN 1625-AA00
Safety Zone; Super Bowl LV; Hillsborough Bay and River, Tampa, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone on certain waters of Garrison Channel, Seddon Channel Turning
Basin, and the Hillsborough River, in the vicinity of downtown Tampa,
Florida during the Super Bowl LV celebrations from January 29, 2021,
through February 7, 2021. The safety zone is necessary to protect the
public and Super Bowl event
[[Page 33]]
personnel from the hazards associated with potential vessel traffic
within the area of the safety zone. All persons and vessels would be
required to transit through the safety zone at a steady speed and may
not slow down, stop or anchor except in the case of unforeseen
mechanical failure or other emergency unless given prior authorization
from the Captain of the Port. Any person or vessel forced to slow or
stop in the established zone must immediately notify the Captain of the
Port Tampa via VHF channel 16. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before February 3, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0691 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Marine Science Technician First
Class Michael D. Shackleford, 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, Purpose, and Legal Basis
On September 22, 2020, the Maritime Subcommittee for Super Bowl LV
notified the Coast Guard that during the Super bowl LV event
celebrations there will be several planned Super Bowl-related events
throughout the waterfront areas of Tampa, FL. These events will occur
at various times from January 29, 2021 through February 7, 2021. These
events could lead to large gatherings of persons and vessels in
waterways around the Tampa area. The Captain of the Port St. Petersburg
(COTP) has determined that the potential hazards associated with
persons and vessel congestion within the proposed safety zone during
these events is a safety concern.
The purpose of this rulemaking is to ensure the safety of vessels
and persons and the navigable waters within the safety zone before,
during, and after the scheduled events. The Coast Guard is proposing
this rulemaking under the authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP Saint Petersburg is proposing a safety zone from January
29, 2021, through February 7, 2021. The safety zone would cover certain
navigable waters of Garrison Channel, Seddon Channel Turning Basin, and
the Hillsborough River, in the vicinity of downtown Tampa, Florida. The
duration of the zone is intended to ensure the safety of persons,
vessels, and navigable waters before, during, and after the scheduled
events. All persons and vessels would be required to transit through
the safety zone at a steady speed and may not slow down, stop or anchor
except in the case of unforeseen mechanical failure or other emergency
unless given prior authorization from the COTP. Any person or vessel
forced to slow or stop in the established zone must immediately notify
the Captain of the Port Tampa via VHF channel 16.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 size,
location, scope and duration of the safety zone. The rule will impact
only a small designated area of Garrison Channel, Seddon Channel
Turning Basin, and the Hillsborough River in the vicinity of downtown
Tampa, Florida, and vessel traffic will be able to safely operate in
the area with minimal restrictions, hence the safety zone is limited in
size and location. Vessels will be able to transit through the safety
zone at a steady speed, making it limited in scope. The safety zone
will be in effect for ten days, making it limited in duration. The
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM
Channel 16 about 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
proposed 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed 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
[[Page 34]]
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 proposed 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 proposed 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 proposed rule has implications for federalism or
Indian tribes, please call or email 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 proposed 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 proposed 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 made
a preliminary determination 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 proposed rule involves a safety
zone lasting 10 days that would restrict certain aspects of navigation
on certain waters in the vicinity of Tampa, Florida within the safety
zone. Normally such actions are 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 preliminary 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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.
V. 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 https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email 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 https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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.
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 is
proposing to amend 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; 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T07-0691 to read as follows:
Sec. 165.T07-0691 Safety Zone; Super Bowl LV, Hillsborough Bay and
River, Tampa, FL.
(a) Location. The following regulated area is a safety zone: All
waters of Hillsborough River south of the N. Boulevard Bridge, Seddon
Channel Turning Basin, and Garrison Channel in the vicinity of
downtown, Tampa, Florida.
(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
area.
(c) Regulations. (1) All persons and vessels are required to
transit through the safety zone at a steady speed and may not slow
down, stop or anchor except in the case of unforeseen mechanical
failure or other emergency unless given prior authorization from the
Captain of the Port. Any person or vessel forced to slow or stop in the
established zone must immediately notify the Captain of the Port Tampa
via VHF channel 16.
(2) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Enforcement period. This rule will be enforced daily from
January 29, 2021, through February 7, 2021.
Dated: November 19, 2020.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2020-26070 Filed 12-31-20; 8:45 am]
BILLING CODE 9110-04-P
