Rule2024-09697
Safety Zone; Seddon Channel, Tampa, FL
Primary source
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Published
May 3, 2024
Effective
May 6, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 87 (Friday, May 3, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#7c311d0e1d5236523e0e130b123c090f1f1b52111510"><span class="__cf_email__" data-cfemail="eca18d9e8dc2a6c2ae9e839b82ac999f8f8bc2818580">[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 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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