Rule2022-18069
Security Zone; Seddon Channel, VIP Visit, Tampa, FL
Primary source
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Published
August 22, 2022
Effective
August 30, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary security zone in the vicinity of the Tampa Convention Center, Tampa, FL, during a Government ceremony featuring several high-level officials. The security zone will cover all navigable waters of the Seddon Channel and Hillsborough River within 100 yards of the Tampa Convention Center, Tampa, FL. The security zone is necessary to protect the official party, the public, and the surrounding waterway from terrorist acts, sabotage, or other subversive acts, accidents, or other causes of a similar nature. Entering or remaining in this security zone is prohibited unless authorized by the Captain of the Port St. Petersburg or a designated representative.
Full Text
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<title>Federal Register, Volume 87 Issue 161 (Monday, August 22, 2022)</title>
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[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Rules and Regulations]
[Pages 51251-51253]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18069]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0612]
RIN 1625-AA87
Security Zone; Seddon Channel, VIP Visit, Tampa, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone in
the vicinity of the Tampa Convention Center, Tampa, FL, during a
Government ceremony featuring several high-level officials. The
security zone will cover all navigable waters of the Seddon Channel and
Hillsborough River within 100 yards of the Tampa Convention Center,
Tampa, FL. The security zone is necessary to protect the official
party, the public, and the surrounding waterway from terrorist acts,
sabotage, or other subversive acts, accidents, or other causes of a
similar nature. Entering or remaining in this security zone is
prohibited unless authorized by the Captain of the Port St. Petersburg
or a designated representative.
DATES: This rule is effective from 5 a.m. through 4 p.m., on August 30,
2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2022-0612 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 on this rule,
call or email Marine Science Technician Second Class Regina L Cuevas,
Sector St. Petersburg Prevention Department, Coast Guard; telephone
(813) 228-2191, email <a href="/cdn-cgi/l/email-protection#1d4f787a74737c3351335e68786b7c6e5d686e7e7a33707471"><span class="__cf_email__" data-cfemail="ebb98e8c82858ac5a7c5a89e8e9d8a98ab9e98888cc5868287">[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
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 the Captain of the Port St.
Petersburg did not receive sufficient notice of this visit. Therefore,
the Coast Guard lacks sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule. Any
delay in the effective date of this rule would be contrary to the
public interest as immediate action is needed to protect the official
party, the public, and the surrounding waterway from sabotage or other
subversive acts, accidents, or other causes of a similar nature.
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 would be contrary to the public interest because immediate
action is needed to provide adequate security to protect the official
party, the public, and the surrounding waterway.
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 this Government
ceremony starting August 30, 2022, has security concern for the
official party within a 100-yard radius of the Tampa Convention center
in the waters of the Seddon Channel and the Hillsborough River. This
rule is needed to protect the official party, the public, and the
surrounding waterway from potential terrorist threats.
IV. Discussion of the Rule
This rule establishes a security zone from 5 a.m. through 4 p.m.,
on August 30, 2022. The security zone will cover all navigable waters
of Seddon Channel and the Hillborough River within 100 yards of the
Tampa Convention Center, Tampa, FL. The duration of the zone is
intended to ensure the security of the VIP during the scheduled event.
No vessel or person will be permitted to enter, transit through, anchor
in or remain within the security zone without obtaining permission from
the COTP or a designated representative. If
[[Page 51252]]
authorization to enter, transit through, anchor in, or remain within
the security 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. The Coast Guard will provide notice of the security
zone by Broadcast Notice to Mariners, or by on-scene designated
representatives.
Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the security zone unless
authorized by the Captain of the Port St. Petersburg or a designated
representative. Persons and vessels desiring to enter, transit through,
anchor in, or remain within the security zone may contact the Captain
of the Port St. Petersburg by telephone at (727) 824-7506, or a
designated representative via VHF radio on channel 16, to request
authorization. If authorization to enter, transit through, anchor in,
or remain within the security zone 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. The Coast Guard will provide notice of the security
zone by Broadcast Notice to Mariners and on-scene designated
representatives.
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 Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
This regulatory action determination is based on: (1) the security
zone will be enforced for approximately 11 hours; (2) although persons
and vessels will not be able to enter or remain in the security zone
without authorization from the Captain of the Port St. Petersburg or a
designated representative, they may operate in the surrounding area
during the enforcement period; and (3) persons and vessels may still
enter or remain in this security zone if authorized by the Captain of
the Port St. Petersburg 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
security 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
security zone lasting only 11 hours that will prohibit entry within 100
yards of the Tampa Convention Center in the waters of the Seddon
Channel and Hillsborough River. 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
[[Page 51253]]
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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T07-0612 to read as follows:
Sec. 165.T07-0612 Security Zone; Seddon Channel, VIP Visit, Tampa,
FL.
(a) Location. The following is a security zone: All navigable
waters of the Seddon Channel and Hillsborough River within the
following area: South of the Platt Street Bridge from position
27[deg]56'30.1'' N, 82[deg]27'29.84'' W, thence to positon
27[deg]56'27.37'' N, 82[deg]27'29.32'' W, thence to position
27[deg]56'24.78'' N, 82[deg]27'23.3'' W, thence to position
27[deg]56'26.577'' N, 82[deg]27'21.419'' W, thence to 27[deg]56'30.1''
N, 82[deg]27'29.84'' W.
(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 (COTP) in the enforcement of the security zone.
(c) Regulations. (1) No person or vessel will be permitted to
enter, transit, anchor, or remain within the security zone unless
authorized by the COTP St. Petersburg or a designated representative.
If authorization is granted, persons and/or vessels receiving such
authorization must comply with the instructions of the COTP St.
Petersburg or designated representative.
(2) Persons who must notify or request authorization from the COTP
St. Petersburg may do so by telephone at (727) 824-7534, or may contact
a designated representative via VHF radio on channel 16.
(d) Enforcement period. This section will be enforced from 5 a.m.
through 4 p.m., on August 30, 2022.
Dated: August 16, 2022.
Micheal P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St Petersburg.
[FR Doc. 2022-18069 Filed 8-19-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 22, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.