[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Rules and Regulations]
[Pages 36278-36280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14506]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0093]
RIN 1625-AA00


Safety Zone; Red Bull Flugtag, Seddon Channel Turning Basin, 
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 Turning Basin, Tampa, Florida. This temporary 
safety zone is intended to restrict non participant vessels from 
entering the waters in the vicinity of the Flugtag

[[Page 36279]]

event ramp unless specifically authorized by the Captain of the Port 
St. Petersburg or a designated representative. This rule is necessary 
to protect participants and spectators from the hazards associated with 
the launching of human powered flying craft over the navigable waters 
of the United States.

DATES: This rule is effective from 9 a.m. until 5 p.m. on July 19, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0093 and are available online 
at http://www.regulations.gov. They are also available for inspection 
or copying at two locations: The Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and 
the Coast Guard Sector St. Petersburg, Prevention Department between 
7:30 a.m. and 3:30 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: BM1 Charles Voss at Coast Guard Sector 
St. Petersburg, (813) 228-2191 Ext 8307.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final 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 information regarding the event was 
not provided with sufficient time to publish an NPRM. Publishing an 
NPRM and delaying its effective date would be contrary to the public 
interest since immediate action is needed to minimize potential danger 
to the public during the Red Bull Flugtag event.
    For the same reasons, 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. The Coast Guard will 
issue a broadcast notice to mariners to advise mariners of the 
restriction.

Background and Purpose

    Red Bull Corp. is sponsoring a Flugtag Event on July 19 from the 
Seddon Channel turning basin. The Flugtag is an event where 
participants build and then launch homemade human powered flying 
crafts, from a ramp that is 100-feet long and 30-feet high. The event 
is scheduled to commence at approximately 11 a.m. local and end at 
approximately 4 p.m. local. This rule is needed to protect participant 
and spectator craft in the vicinity of the event from the hazards 
associated with the launching of human powered flying craft.

Discussion of Rule

    The safety zone encompasses the following: All waters from surface 
to bottom, within the Seddon Channel Turning Basin. The exact location 
of the ramp and accompanying barges, which is needed to determine the 
exact location of the safety zone, is not yet known. However, once the 
final plans are set, the Coast Guard will publish the exact location of 
the safety zone in the District Seven Local Notice to Mariners. The 
safety zone will be 250-ft wide and extend out 300-ft. from the end of 
the ramp. Vessels are prohibited from anchoring, mooring, or transiting 
within this safety zone, unless authorized by the Captain of the Port 
St. Petersburg or a designated representative. The safety zone will be 
effective from 9 a.m. through 5 p.m. on July 19, 2008. Enforcement of 
the safety zone will commence approximately two hours prior to the 
event and will conclude approximately one hour after the completion of 
the event. The two-hour period prior to the event will enable the Coast 
Guard and/or local law enforcement vessels to conduct a sweep of the 
zone to ensure that it is clear and to position spectators in the 
proper locations. An additional 60-minute period has been added at the 
end of the event for possible delays.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. The rule will only be in effect for a short 
period of time. Moreover, two transit lanes have been established that 
will remain clear, to allow the unobstructed transit of vessels through 
the area.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit the Seddon Channel turning basin in Tampa, Florida. This safety 
zone will not have a significant economic impact on a substantial 
number of small entities for the following reasons: This rule will be 
effective for a limited time; and traffic will be allowed to transit 
through the area in the designated transit lanes.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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.

[[Page 36280]]

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
under the Instruction, that there are no factors in this case that 
would limit the use of a categorical exclusion under section 2.B.2 of 
the Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation.
    A final environmental analysis checklist and a final categorical 
exclusion determination are available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. A new temporary Sec.  165.T08-0093 is added to read as follows:


Sec.  165.T08-0093  Safety Zone; Redbull Flugtag, Seddon Channel 
turning basin, Tampa, Florida.

    (a) Regulated area. The Coast Guard is establishing a temporary 
safety zone on the waters of Seddon Channel turning basin, Tampa, FL. 
The safety zone will be 250-ft wide and extend out 300-ft from the end 
of the launch ramp. The exact location of the ramp is not yet known, 
however the Coast Guard will publish the location in the District Seven 
Local Notice to Mariners. The zone will be marked on the effective 
date.
    (b) Definitions. The following definition applies to this section:
    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, 
Florida, in the enforcement of regulated navigation areas and safety 
and security zones.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, no person or vessel may anchor, moor, or 
transit the Regulated Area without permission of the Captain of the 
Port St. Petersburg, Florida, or a designated representative. The Coast 
Guard will publish the safety zone in the Local Notice to Mariners and 
will issue a broadcast notice to mariners to advise mariners of the 
restriction.
    (d) Dates. This rule is in effect from 9 a.m. until 5 p.m. on July 
19, 2008.

    Dated: June 11, 2008.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg, 
Florida.
[FR Doc. E8-14506 Filed 6-25-08; 8:45 am]
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