Rule2025-10224
Security Zones; Tampa Bay: Big Bend, Boca Grande, Crystal River, East Bay, Hillsborough Bay, MacDill Air Force Base, Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St. Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL
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
June 5, 2025
Effective
July 7, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is disestablishing a security zone in old Tampa Bay, including on land portions of Chemical Formulators Chlorine Facility. The security zone is no longer needed since Chemical Formulators facility is no longer operating. This action will remove existing regulations that restrict vessel movement through the area.
Full Text
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<title>Federal Register, Volume 90 Issue 107 (Thursday, June 5, 2025)</title>
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[Federal Register Volume 90, Number 107 (Thursday, June 5, 2025)]
[Rules and Regulations]
[Pages 23861-23864]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10224]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-1098]
RIN 1625-AA87
Security Zones; Tampa Bay: Big Bend, Boca Grande, Crystal River,
East Bay, Hillsborough Bay, MacDill Air Force Base, Manbirtee Key, Old
Port Tampa, Port Manatee, Port Tampa, Port St. Petersburg, Port Sutton,
Rattlesnake, and Weedon Island, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is disestablishing a security zone in old
Tampa Bay, including on land portions of Chemical Formulators Chlorine
Facility. The security zone is no longer needed since Chemical
Formulators facility is no longer operating. This action will remove
existing regulations that restrict vessel movement through the area.
DATES: This rule is effective July 7, 2025.
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-
2024-1098 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 Lieutenant Ryan McNaughton. Sector St. Petersburg, Ports
& Waterways Branch Chief, U.S. Coast Guard; telephone (813) 228-2191
ext. 8142, email <a href="/cdn-cgi/l/email-protection#a6f4dfc7c888e788ebc5e8c7d3c1ced2c9c8e6d3d5c5c188cbcfca"><span class="__cf_email__" data-cfemail="26745f47480867086b45684753414e5249486653554541084b4f4a">[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
On February 3, 2024, the Coast Guard was notified that a security
zone was no longer necessary due to the closure of the facility needing
the security zone. The security zone is described in 33 CFR
165.703(a)(1)(i).
In response, on March 24, 2025, the Coast Guard published a notice
of proposed rulemaking (NPRM) titled Security Zones; Tampa Bay: Big
Bend, Boca Grande, Crystal River, East Bay, Hillsborough Bay, MacDill
Air Force Base, Manbirtee Key, Old Port Tampa, Port Manatee, Port
Tampa, Port St. Petersburg, Port Sutton, Rattlesnake, and Weedon
Island, FL.\1\ There we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to the removal of
the security zone. During the comment period that ended March 24, 2025,
we received 2 comments.
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\1\ 90 FR 12118.
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III. Legal Authority and Need for Rule
With the closure of Chemical Formulators Chlorine facility, the
security zone is no longer necessary.
[[Page 23862]]
The Coast Guard is proposing this rulemaking under authority in 46
U.S.C. 70051 and 70124. The purpose of this rule is to remove the
security zone that is no longer necessary due to the closure of
Chemical Formulators Chlorine facility.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received 2 comments on our NPRM published March
24, 2025. Below is our discussion of these comments.
One commenter requested clarification on the summary of our rule.
We are removing the Rattlesnake, Tampa, FL security zone currently in
Sec. 165.703, paragraph(a)(1)(i). The remaining paragraphs will be
shifted up to maintain the current numbering system. With the removal
of the regulation for Rattlesnake, Tampa, FL security zone in paragraph
(a)(1)(i), current Old Port Tampa, Tampa, FL security zone in paragraph
(a)(1)(ii) will be moved up to paragraph (a)(1)(i) without change. The
remaining security zones in Sec. 165.703 will be redesignated from
paragraphs (a)(1)(iii) through (a)(1)(xii) to paragraphs (a)(1)(ii)
through (a)(1)(xi) without changes.
The commenter also stated the name ``Rattlesnake'' should be
removed from the title of Sec. 165.703, since it is no longer a
security zone. The Coast Guard will remove the word ``Rattlesnake''
from the title of the regulation.
Lastly, the commenter suggested revisions to existing Sec. 165.703
paragraph (c)(2) and (3). The Coast Guard is not revising these
paragraphs as part of this rule change.
Another commenter requested information about vessel traffic with
concerns about environmental impacts and marine species. The location
of the existing security zone is on a dead-end canal, adjacent to two
large marinas as well as a demanding public boat ramp. The removal of
the security zone does not promote or hinder vessel access to an area
that is already surrounded by industrial seawalls and multi-unit
condominiums. This is an area already dense with recreational vessel
traffic due to boat clubs, boat launches, marinas and public parks. The
original establishment of this zone was not to protect environmental
resources, but to protect a critical infrastructure. The removal of the
security zone is necessary as the infrastructure being protected is no
longer present.
The Coast Guard is revising the title of the regulation to remove
the name ``Rattlesnake'' for clarity. There are no other changes in the
regulatory text of this rule from the proposed rule in the NPRM, which
disestablishes the security zone for facilities and structures;
Rattlesnake, Tampa, FL. in Sec. 165.703(a)(1)(i). The regulation
places unnecessary restrictions on vessel movement in Old Tampa Bay.
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.
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.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the need to align
the regulations with the current arrangements of the port as the
waterfront facility safety zone is no longer required.
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 received 00 comments from the Small Business
Administration on this rulemaking. 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.
No restrictions will be placed on owners or operators of vessels of
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 will 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.
[[Page 23863]]
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
disestablishing a security zone. It is categorically excluded from
further review under paragraph L60(b) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1.
A Memorandum for the Record supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Safety 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. 01.4.
0
2. Revise Sec. 165.703 to read as follows:
Sec. 165.703 Security Zones; Tampa Bay: Big Bend, Boca Grande,
Crystal River, East Bay, Hillsborough Bay, MacDill Air Force Base,
Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St.
Petersburg, Port Sutton, and Weedon Island, FL.
(a) Regulated areas. The following areas, denoted by coordinates
fixed using the North American Datum of 1983 (World Geodetic System
1984) are security zones:
(1) Security zones for facilities and structures--(i) Old Port
Tampa, Tampa, FL. All waters, from surface to bottom, in Old Tampa Bay
encompassed within the following points: 27[deg]51.62' N,
082[deg]33.14' W; thence to 27[deg]51.71' N, 082[deg]32.5' W; thence to
27[deg]51.76' N, 082[deg]32.5' W; thence to 27[deg]51.73' N,
082[deg]33.16' W; thence to 27[deg]51.62' N, 082[deg]33.14' W, closing
off the Old Port Tampa Channel.
(ii) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from
surface to bottom, in Cut ``A'' channel beneath the bridge's main span
encompassed within the following points: 27[deg]37.30' N,
082[deg]39.38' W; 27[deg]37.13' N, 082[deg]39.26' W; and the bridge
structure columns, base and dolphins. This zone is specific to the
bridge structure and dolphins and does not include waters adjacent to
the bridge columns or dolphins outside of the bridge's main span. Any
vessel may transit through this zone but, may not loiter, anchor, or
conduct operations, including dredging, dive operation, surveying, or
maintenance, unless otherwise directed by the Captain of the Port.
Anyone wanting to conduct these operations must submit a request via
email to <a href="/cdn-cgi/l/email-protection#2176766c75404c514061545242460f4c484d"><span class="__cf_email__" data-cfemail="75222238211418051435000616125b181c19">[email protected]</span></a> or contact the Sector Command Center after
hours at 727.824.7506.
(iii) Manbirtee Key, Port of Manatee, FL. All waters, from surface
to bottom, surrounding, surrounding Manbirtee Key, Tampa Bay, FL
extending 500 yards from the island's shoreline, in all directions, not
to include the Port Manatee Channel.
(iv) MacDill Air Force Base, Tampa Bay, FL. All waters encompassed
within the following coordinates: 27[deg]51.88' N, 082[deg]29.31' W;
thence to 27[deg]52.01' N, 082[deg]28.85' W; thence to 27[deg]51.48' N,
082[deg]28.17' W; thence to 27[deg]51.02' N, 082[deg]27.76' W; thence
to 27[deg]50.72' N, 082[deg]27.61' W; thence to 27[deg]50.33' N,
082[deg]27.59' W; thence to 27[deg]49.65' N, 082[deg]27.73' W; thence
to 27[deg]49.34' N, 082[deg]27.79' W; thence to 27[deg]49.10' N,
082[deg]27.88' W; thence to 27[deg]48.88' N, 082[deg]28.10' W; thence
to 27[deg]48.76' N, 082[deg]28.54' W; thence to 27[deg]48.87' N,
082[deg]29.44' W; thence to 27[deg]49.06' N, 082[deg]30.39' W; thence
to 27[deg]48.75' N, 082[deg]31.17' W; thence to 27[deg]49.16' N,
082[deg]32.41' W; thence to 27[deg]49.64' N, 082[deg]33.04' W; thence
to 27[deg]49.95' N, 082[deg]32.75' W; thence to 27[deg]50.09' N,
082[deg]32.81' W; thence to 27[deg]50.56' N, 082[deg]32.75' W; thence
to 27[deg]50.71' N, 082[deg]32.18' W.
(v) Piers, seawalls, and facilities, Port of Tampa and Port Sutton,
Tampa, FL. All waters, from surface to bottom, extending 50 yards from
the shore, seawall, and piers around facilities in Port Sutton within
the Port of Tampa encompassed by a line connecting the following
points: 27[deg]54.15' N, 082[deg]26.06' W; thence to; 27[deg]54.46' N,
082[deg]25.71' W; closing off all Port Sutton Channel.
(vi) Piers, seawalls, and facilities, Port of Tampa, on the western
side of Hooker's Point, Tampa, FL. All waters, from surface to bottom,
extending 50 yards from the shore, seawall, and piers around facilities
on Hillsborough Bay northern portion of Cut ``D'' Channel, Sparkman
Channel, Ybor Turning Basin, and Ybor Channel within the Port of Tampa
encompassed by a line connecting the following points: 27[deg]54.74' N,
082[deg]26.47' W; thence to 27[deg]55.25' N, 082[deg]26.73' W; thence
to 27[deg]55.60' N, 082[deg]26.80' W; thence to 27[deg]56.00' N,
082[deg]26.75' W; thence to 27[deg]56.58' N, 082[deg]26.53' W; thence
to 27[deg]57.29' N, 082[deg]26.51' W; thence to 27[deg]57.29' N,
082[deg]26.61' W; thence to 27[deg]56.65' N, 082[deg]26.63' W; thence
to 27[deg]56.58' N, 082[deg]26.69' W; thence to 27[deg]56.53' N,
082[deg]26.90' W.
(vii) St. Petersburg Harbor, FL. All waters, from surface to
bottom, extending 50 yards from the seawall and around all moorings and
vessels in St. Petersburg Harbor (Bayboro Harbor), commencing on the
north side of the channel at day beacon ``10'' (LLNR 24995) in
approximate position 27[deg]45.56' N, 082[deg]37.55' W, and westward
along the seawall to the end of the cruise terminal in approximate
position 27[deg]45.72' N, 082[deg]37.97' W. The zone will also include
the Coast Guard south moorings in St. Petersburg Harbor. The zone will
extend 50 yards around the piers commencing from approximate position
27[deg]45.51' N, 082[deg]37.99' W; to 27[deg]45.52' N, 082[deg]37.57'
W. The southern boundary of the zone is shoreward of a line between the
entrance to Salt Creek easterly towards day beacon ``11'' (LLNR 24990).
(viii) Crystal River Nuclear Power Plant. All waters, from surface
to bottom, around the FL, Power Crystal River Nuclear Power Plant
located at the end of the Florida Power Corporation Channel, Crystal
River, Florida, encompassed by a line connecting the following points:
28[deg]56.87' N, 082[deg]45.17' W; thence to 28[deg]57.37' N,
082[deg]41.92' W; thence to 28[deg]56.79' N, 082[deg]45.13' W; thence
to 28[deg]57.32' N, 082[deg]41.92' W.
(ix) Crystal River Demory Gap Channel. All waters, from surface to
bottom, in the Demory Gap Channel in Crystal River, Florida,
encompassed by the following points: 28[deg]57.61' N, 082[deg]43.42' W
thence to; 28[deg]57.55' N, 082[deg]41.88' W thence to; 28[deg]57.58'
N, 082[deg]43.42' W thence to; 28[deg]57.51' N, 082[deg]41.88' W.
(x) Big Bend Power Plant, FL. All waters of Tampa Bay, from surface
to bottom, adjacent to the Big Bend Power Facility, and within an area
bounded by the following points: 27[deg]48.08' N, 082[deg]24.88' W;
thence to 27[deg]48.15' N, 082[deg]24.96' W; thence to; 27[deg]48.10'
N, 082[deg]25.00' W; thence to 27[deg]47.85' N, 082[deg]25.03' W;
thence to 27[deg]47.58' N, 082[deg]24.89' W; thence to 27[deg]47.58' N,
082[deg]24.06' W; thence to; 27[deg]47.62' N,
[[Page 23864]]
082[deg]24.04' W; thence to 27[deg]47.63' N, 082[deg]24.71' W; thence
to 27[deg]48.03' N, 082[deg]24.70' W; thence to 27[deg]48.08' N,
082[deg]24.88' W, closing off entrance to Big Bend Power Facility and
the attached cooling canal.
(xi) Weedon Island Power Plant, FL. All waters of Tampa Bay, from
surface to bottom, extending 50 yards from the shore, seawall and piers
around the Power Facility at Weedon Island encompassed by the following
points: 27[deg]51.52' N, 082[deg]35.82' W; thence along the shore to;
27[deg]51.54' N, 082[deg]35.78' W; thence to 27[deg]51.89' N,
082[deg]35.82' W; thence to 27[deg]51.89' N, 082[deg]36.14' W, closing
off the entrance to both canals.
(2) Vessel specific security zones--(i) Moving security zones for
Cruise Ships and vessels carrying Especially Hazardous Cargos. The
following security zones and procedures are established for all waters,
from surface to bottom, within a 500-yard radius, as outlined below:
(A) For inbound vessels commencing at Egmont Channel Lighted Buoys
``9'' (LLNR 22270) and ``10'' (LLNR 22275) through to berth.
(B) For shifting vessels from their departure berth to destination
berth.
(C) For outbound vessels commencing at berth through to Egmont
Channel Lighted Buoys ``9'' (LLNR 22270) and ``10'' (LLNR 22275).
(D) All subject vessels operating in the Captain of the Port St.
Petersburg Zone shall follow the reporting requirements in 33 CFR part
160, subpart C.
(E) Any vessel desiring to enter or transit the security zone shall
obtain permission from the Captain of the Port St. Petersburg or a
designated representative. If permission is granted, all persons and
vessels must comply with any given instructions.
(ii) Fixed security zones for moored cruise ships and moored
vessels carrying especially hazardous cargos. A security zone is
established for all waters, from surface to bottom, within a 200-yard
radius around moored cruise ships and moored vessels carrying
especially hazardous cargos, as outlined below:
(A) All subject vessels operating in the Captain of the Port St.
Petersburg Zone shall follow reporting requirements in 33 CFR part 160,
subpart C.
(B) Any vessel desiring to enter or transit the security zone shall
obtain permission from the Captain of the Port St. Petersburg or a
designated representative. If permission is granted, all persons and
vessels must comply with any given instructions.
(C) No vessel may loiter, anchor, or conduct maintenance operations
within the security zone, unless otherwise directed by the Captain of
the Port St. Petersburg or a designated representative. This includes,
but is not limited to dredging operations, dive operations, and
surveying. Anyone wanting to conduct these operations must submit a
request via email to <a href="/cdn-cgi/l/email-protection#792e2e342d18140918390c0a1a1e57141015"><span class="__cf_email__" data-cfemail="64333329300509140524111707034a090d08">[email protected]</span></a> or contact the Sector Command
Center after hours at 727.824.7506.
(b) Definitions. As used in this section:
Ammonium nitrate means ammonium nitrate and ammonium nitrate based
fertilizers listed as Division 5.1 (oxidizing) materials as defined in
33 CFR 172.101 except when carried as CDC residue.
Captain of the Port (COTP) for the purpose of this section means
the Commanding Officer of Coast Guard Sector St. Petersburg.
Captain of the Port St. Petersburg Zone as defined in 33 CFR 3.35-
35.
Certain dangerous cargo includes Division 1.5D blasting agents for
which a permit is required under 49 CFR 176.415 or, for which a permit
is required as a condition of Research and Special Programs
Administration exemption. This includes ammonium nitrate fuel oil
mixture.
Commercial vessels means any tank, bulk, container, cargo, cruise
ships, pilot vessels, or tugs. This definition excludes fishing
vessels, salvage vessels, dead ship tow operations.
Cruise Ship means the same as defined 33 CFR 101.105.
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 COTP, in the enforcement of regulated
navigation areas, safety zones, and security zones.
Especially hazardous cargo means anhydrous ammonia, ammonium
nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and
any other substance, material, or group or class in a particular amount
and form that the Secretary determines by regulation poses a
significant risk of creating a transportation security incident while
being transported in maritime commerce.
(c) Regulations. (1) Entry into or remaining on or within the zones
described in paragraph (a) of this section is prohibited unless
authorized by the Captain of the Port St. Petersburg or a designated
representative.
(2) Any changes to the requirements for these regulated areas will
be given by Broadcast Notice to Mariners on VHF-FM Channel 22A.
Note to Sec. 165.703(c)(2): A graphical representation of all
fixed security zones will be made available through nautical charts
via the Coast Pilot.
(3) The Captain of Port St. Petersburg has provisions for escorting
especially hazardous cargos as described in this subchapter, but
reserves the right to establish additional provisions for any
potentially hazardous cargos.
(d) Enforcement. Under Sec. 165.33, no person may authorize the
operation of a vessel in the security zones contrary to the provisions
of this section.
(e) Waivers. The Captain of the Port St. Petersburg may waive any
of the requirements of this subpart for any vessel, facility, or
structure upon finding that the vessel or class of vessel, operational
conditions, or other circumstances are such that application of this
subpart is unnecessary or impractical for purposes of port safety and
security or environmental safety.
Dated: May 29, 2025.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port, Sector St. Petersburg.
[FR Doc. 2025-10224 Filed 6-4-25; 8:45 am]
BILLING CODE 9110-04-P
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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.