Rule2024-04951
Safety Zone; St. Petersburg, Florida
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 8, 2024
Effective
March 7, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of Tampa Bay, in the vicinity of the St. Petersburg Municipal Yacht Basin, during a racing event in St. Petersburg, FL. The safety zone is necessary to ensure the safety of participant vessels, spectators, and the general public during the event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port St. Petersburg or a designated representative.
Full Text
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<title>Federal Register, Volume 89 Issue 47 (Friday, March 8, 2024)</title>
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[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Rules and Regulations]
[Pages 16695-16697]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04951]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0166]
RIN 1625-AA00
Safety Zone; St. Petersburg, Florida
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of Tampa Bay, in the vicinity of the St. Petersburg
Municipal Yacht Basin, during a racing event in St. Petersburg, FL. The
safety zone is necessary to ensure the safety of participant vessels,
spectators, and the general public during the event. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port St. Petersburg or a designated
representative.
DATES: This rule is effective daily from 6 a.m. until 10 p.m., on March
7, 2024, through March 10, 2024.
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-
2024-0166 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 First Class Mara Brown, Sector
St. Petersburg Prevention Department, U.S. Coast Guard; telephone (813)
228-2191, email <a href="/cdn-cgi/l/email-protection#fdb09c8f9cd3b7d3bf8f928a93bd888e9e9ad3909491"><span class="__cf_email__" data-cfemail="96dbf7e4f7b8dcb8d4e4f9e1f8d6e3e5f5f1b8fbfffa">[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, Purpose, 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 it is impracticable and contrary to
public interest. The Coast Guard did not receive notice that a safety
zone would be part of the pre-scheduled Firestone Grand Prix race event
unitl February 15, 2024. This action is necessary for the protection of
life and property on the navigable waters of the United States. The
event would begin before the rulemaking process would be completed. It
is impracticable to publish an NPRM because we must establish this
safety zone by March 7, 2024.
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. It is impracticable and contrary
to the public interest to delay this rule because it is necessary to
protect spectators, vessels, and the marine environment from potential
hazards created by the race event.
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 St. Petersburg (COTP) has determined
that potential hazards associated with the race event near St.
Petersburg Municipal Yacht Basin. This rule is necessary to ensure the
safety of the spectators, the general public, vessels and the navigable
waters of St. Petersburg, FL, during the race event.
IV. Discussion of the Rule
This rule establishes a safety zone on certain waters near the
Municipal Yacht Basin in St. Petersburg, FL, during the Firestone Grand
Prix race event in St. Petersburg, FL. This safety zone will be
enforced from 6 a.m. until 10 p.m., daily on March 7, 2024 through
March 10, 2024. The safety zone will cover all navigable waters within
a specified area of Tampa Bay, during the race event. The safety zone
is needed to protect the public, vessels, and the marine environment
from potential hazards created by spectators of the race event. No
person or vessel 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
[[Page 16696]]
must comply with the instructions of the COTP or a designated
representative. The Coast Guard will provide notice of the safety zone
by Broadcast Notice to Mariners, and/or by 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 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, location,
duration, and scope of the safety zone. This rule involves a safety
zone that will prohibit persons and vessels from entering, transiting
through, anchoring in, or remaining within certain waters around
Municipal Yacht Basin, in St. Petersburg, FL during the Firestone Grand
Prix of St. Petersburg race event lasting four days.
Although persons and vessels may not enter, transit through, anchor
in, or remain within the safety zone without authorization from the
COTP or a designated representative, they will be able to safely
transit around the zone. Moreover, the Coast Guard would issue a
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter 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
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
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
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 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 that will prohibit persons and vessels from entering,
transiting through, anchoring in, or remaining within within certain
waters around Municipal Yacht Basin, in St. Petersburg, FL during the
Firestone Grand Prix of St. Petersburg race event lasting four days. 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.
[[Page 16697]]
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; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T07-0166 to read as follows:
Sec. 165.T07-0166 Safety Zone; Firestone Grand Prix of St.
Petersburg, St. Petersburg, FL.
(a) Location. The following area is a safety zone. All waters of
Tampa Bay encompassed within the following points: 27[deg]46'18'' N,
082[deg]37'55.2'' W, thence to position 27[deg]46'18'' N,
082[deg]37'54.6'' W, thence to position 27[deg]46'9.6'' N,
082[deg]37'54.6'' W, thence to position 27[deg]46'9.6'' N,
082[deg]37'33'' W, thence to position 27[deg]46'4.2'' N,
082[deg]37'33'' W, thence to position 27[deg]45'59.4'' N,
082[deg]37'50.4'' W, thence to position 27[deg]46'6.6'' N,
082[deg]37'56.4'' W, thence to position 27[deg]46'13.8'' N,
082[deg]37'55.8'' W, thence back to the original position
27[deg]46'18'' N, 082[deg]37'55.2'' W. All coordinates are North
American Datum 1983.
(b) Definitions. 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 St. Petersburg (COTP) in the
enforcement of the safety zone.
(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 COTP or a designated representative.
(2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP by
telephone at 727-824-7506, or a designated representative via VHF-FM
radio on channel 16 to request authorization. If authorization is
granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP St. Petersburg or a designated
representative.
(3) The Coast Guard will provide notice of the regulated area by
Broadcast Notice to Mariners via VHF-FM channel 16, and/or by on-scene
designated representatives.
(d) Enforcement Period. This rule will be enforced daily from 6
a.m. until 10 p.m., on March 7, 2024, through March 10, 2024.
Dated: March 1, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2024-04951 Filed 3-7-24; 8:45 am]
BILLING CODE 9110-04-P
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