[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Proposed Rules]
[Pages 32-34]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26070]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0691]
RIN 1625-AA00


Safety Zone; Super Bowl LV; Hillsborough Bay and River, Tampa, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone on certain waters of Garrison Channel, Seddon Channel Turning 
Basin, and the Hillsborough River, in the vicinity of downtown Tampa, 
Florida during the Super Bowl LV celebrations from January 29, 2021, 
through February 7, 2021. The safety zone is necessary to protect the 
public and Super Bowl event

[[Page 33]]

personnel from the hazards associated with potential vessel traffic 
within the area of the safety zone. All persons and vessels would be 
required to transit through the safety zone at a steady speed and may 
not slow down, stop or anchor except in the case of unforeseen 
mechanical failure or other emergency unless given prior authorization 
from the Captain of the Port. Any person or vessel forced to slow or 
stop in the established zone must immediately notify the Captain of the 
Port Tampa via VHF channel 16. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 3, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0691 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Marine Science Technician First 
Class Michael D. Shackleford, Sector St. Petersburg Prevention 
Department, Coast Guard; telephone (813) 228-2191, email 
[email protected].

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 Legal Basis

    On September 22, 2020, the Maritime Subcommittee for Super Bowl LV 
notified the Coast Guard that during the Super bowl LV event 
celebrations there will be several planned Super Bowl-related events 
throughout the waterfront areas of Tampa, FL. These events will occur 
at various times from January 29, 2021 through February 7, 2021. These 
events could lead to large gatherings of persons and vessels in 
waterways around the Tampa area. The Captain of the Port St. Petersburg 
(COTP) has determined that the potential hazards associated with 
persons and vessel congestion within the proposed safety zone during 
these events is a safety concern.
    The purpose of this rulemaking is to ensure the safety of vessels 
and persons and the navigable waters within the safety zone before, 
during, and after the scheduled events. The Coast Guard is proposing 
this rulemaking under the authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP Saint Petersburg is proposing a safety zone from January 
29, 2021, through February 7, 2021. The safety zone would cover certain 
navigable waters of Garrison Channel, Seddon Channel Turning Basin, and 
the Hillsborough River, in the vicinity of downtown Tampa, Florida. The 
duration of the zone is intended to ensure the safety of persons, 
vessels, and navigable waters before, during, and after the scheduled 
events. All persons and vessels would be required to transit through 
the safety zone at a steady speed and may not slow down, stop or anchor 
except in the case of unforeseen mechanical failure or other emergency 
unless given prior authorization from the COTP. Any person or vessel 
forced to slow or stop in the established zone must immediately notify 
the Captain of the Port Tampa via VHF channel 16.

IV. Regulatory Analyses

    We developed this proposed 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, scope and duration of the safety zone. The rule will impact 
only a small designated area of Garrison Channel, Seddon Channel 
Turning Basin, and the Hillsborough River in the vicinity of downtown 
Tampa, Florida, and vessel traffic will be able to safely operate in 
the area with minimal restrictions, hence the safety zone is limited in 
size and location. Vessels will be able to transit through the safety 
zone at a steady speed, making it limited in scope. The safety zone 
will be in effect for ten days, making it limited in duration. The 
Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM 
Channel 16 about 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 
proposed 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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

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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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves a safety 
zone lasting 10 days that would restrict certain aspects of navigation 
on certain waters in the vicinity of Tampa, Florida within the safety 
zone. Normally such actions are 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 preliminary 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. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 is 
proposing to amend 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; 46 U.S.C. 70051; 33 CFR 1.05-1, 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T07-0691 to read as follows:


Sec.  165.T07-0691   Safety Zone; Super Bowl LV, Hillsborough Bay and 
River, Tampa, FL.

    (a) Location. The following regulated area is a safety zone: All 
waters of Hillsborough River south of the N. Boulevard Bridge, Seddon 
Channel Turning Basin, and Garrison Channel in the vicinity of 
downtown, Tampa, Florida.
    (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 
area.
    (c) Regulations. (1) All persons and vessels are required to 
transit through the safety zone at a steady speed and may not slow 
down, stop or anchor except in the case of unforeseen mechanical 
failure or other emergency unless given prior authorization from the 
Captain of the Port. Any person or vessel forced to slow or stop in the 
established zone must immediately notify the Captain of the Port Tampa 
via VHF channel 16.
    (2) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement period. This rule will be enforced daily from 
January 29, 2021, through February 7, 2021.

    Dated: November 19, 2020.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2020-26070 Filed 12-31-20; 8:45 am]
BILLING CODE 9110-04-P