[Federal Register Volume 86, Number 19 (Monday, February 1, 2021)]
[Rules and Regulations]
[Pages 7651-7653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02107]


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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, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing 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. The safety zone is necessary to 
protect the public and Super Bowl LV event 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.

DATES: This rule is effective daily from 12:01 a.m. on January 29, 
2021, through 11:59 p.m. on February 7, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0691 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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 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 
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 bypassing the full notice and comment process because 
it is impracticable and contrary to the public interest to do so in 
this situation. 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 safety zone during these 
events is a safety concern. A notice of proposed rulemaking was 
published to the Federal Register on January 4, 2021, however, there 
remains insufficient time to complete the full rulemaking process.\1\ 
It is necessary for the Coast Guard to establish this safety zone by 
January 29, 2021, in order to ensure the appropriate level of 
protection exists in order to mitigate the potential safety hazards 
associated with the Super Bowl LV event celebrations. Therefore, this 
temporary final rule is being published before the comment period ends 
on the notice of proposed rulemaking.
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    \1\ See Coast Guard notice of proposed rulemaking, ``Safety 
Zone; Super Bowl LV; Hillsborough Bay and River, Tampa, FL'' (86 FR 
32) (this document is available at: https://beta.regulations.gov/document/USCG-2020-0691-0001).
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    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 for the same reasons stated in the preceding paragraph.

III. Discussion of the Rule

    This rule establishes 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 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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

[[Page 7652]]

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 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 
IV.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 
safety zone lasting approximately 4 days that will prohibit entry to 
all navigable waters of Tampa Bay, Florida east of a line formed by 
connecting the points of 27[deg]48'9'' N, 082[deg]24'56'' W and 
27[deg]48'0'' N, 082[deg]24'56'' W. 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; 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 in the vicinity of downtown, Tampa, Florida, in the Hillsborough 
River downstream of the North Boulevard Bridge; the turning basin at 
the mouth of Hillsborough River north of Seddon Channel, west of the 
South Harbour Island Boulevard Bridge, and northeast of the northwest-
bound span of the Davis Islands Bridge; and Garrison Channel west of 
the Beneficial Drive Bridge.
    (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

[[Page 7653]]

may not slow down, stop, or anchor except in the case of unforeseen 
mechanical failure or other emergency, to avoid collision, or to 
otherwise comply with the Inland Navigation Rules (33 CFR part 83), 
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 section will be enforced daily from 
January 29, 2021, through February 7, 2021.

    Dated: January 15, 2021.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2021-02107 Filed 1-28-21; 11:15 am]
BILLING CODE 9110-04-P