Rule2024-06436
Safety Zone; Anclote River, Tarpon Springs, FL
Primary source
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Published
March 27, 2024
Effective
March 27, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of the Anclote River in Tarpon Springs, FL for the removal of a dredging pipe. The safety zone will encompass all waters within a 200-yard radius of the dredge vessel DIAMOND 6 and the tug vessel LADY LAFON. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by dredge work and removal of a dredging pipe. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port St Petersburg.
Full Text
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<title>Federal Register, Volume 89 Issue 60 (Wednesday, March 27, 2024)</title>
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[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Rules and Regulations]
[Pages 21211-21213]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06436]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0229]
RIN 1625-AA00
Safety Zone; Anclote River, Tarpon Springs, 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 safety zone for
navigable waters of the Anclote River in Tarpon Springs, FL for the
removal of a dredging pipe. The safety zone will encompass all waters
within a 200-yard radius of the dredge vessel DIAMOND 6 and the tug
vessel LADY LAFON. The safety zone is needed to protect personnel,
vessels, and the marine environment from potential hazards created by
dredge work and removal of a dredging pipe. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port St Petersburg.
DATES: This temporary rule is effective without actual notice from
March 27, 2024 through March 30, 2024. For the purposes of enforcement,
actual notice will be used from March 24, 2024, until March 27, 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-
2024-0229 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
[[Page 21212]]
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Marine Science Technician First Class Mara J. Brown,
Sector St. Petersburg Waterways Management Division, Coast Guard;
telephone 813-228-2191, email <a href="/cdn-cgi/l/email-protection#e6ab879487c8acc8a494899188a693958581c88b8f8a"><span class="__cf_email__" data-cfemail="5c113d2e3d7216721e2e332b321c292f3f3b72313530">[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
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 did not receive final details of
this event until March 11, 2024. It is impracticable to go through the
full notice and comment rulemaking process because the Coast Guard must
establish this safety zone by March 24, 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 Anclote River
within the safety zone while the removal of a dredging pipe is
underway.
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 impracticable because immediate action is necessary
to protect personnel, vessels, and the marine environment from the
potential safety hazards associated with the removal of a dredging pipe
located in the Anclote River in Tarpon Springs, FL.
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 removal of a dredging
pipe beginning on March 24, 2024, will be a safety concern for anyone
within a 200-yard radius of the dredge vessel DIAMOND 6 and tug vessel
LADY LAFON. This rule is needed to ensure the safety of vessels and
persons in the navigable waters within the safety zone during the
removal of the dredging pipe.
IV. Discussion of the Rule
This rule establishes a safety zone from 10 a.m. on March 24, 2024,
through 7 p.m. on March 30, 2024. The safety zone will cover all
navigable waters within 200 yards of the Dredge DIAMOND 6 and Tug LADY
LAFON, located on the Anclote River, approximate position at Latitude:
28[deg]9'21.51'' N, Longitude: 82[deg]45'58.68'' W. The duration of the
zone is intended to ensure the safety of vessels and persons during the
removal of the dredging pipe. 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, narrowly tailored geographic area, and scope 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 9 hours per day of the
dredging pipe removal. It is limited in scope as vessel traffic may
seek permission from the COTP to enter the zone. 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 (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
[[Page 21213]]
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 approximately 9 hours per day that will prohibit
entry within 200 yards of the dredge vessel DIAMOND 6 and the tug
vessel LADY LAFON. 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
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.T07-0229 to read as follows:
Sec. 165.T07-0229 Safety Zone; Anclote River, Tarpon Springs, FL.
(a) Location. The following regulated area is a safety zone: All
navigable waters of Anclote River, from surface to bottom, within a
200-yard radius of the dredge vessel DIAMOND 6 and the tug vessel LADY
LAFON in the approximate position latitude 28[deg]09'23'' N, longitude
082[deg]45'58'' W. These coordinates are based on the 1984 World
Geodetic System.
(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 St. Petersburg (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) Effective and enforcement period. This rule will be effective
from 10 a.m. on March 24, 2024, through 7 p.m. on March 30, 2024.
Dated: March 20, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2024-06436 Filed 3-26-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on March 27, 2024.
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