[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Rules and Regulations]
[Pages 29043-29045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10181]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2022-0245]
RIN 1625-AA00
Safety Zone; International Special Operations Exercise, Seddon
Channel, Tampa, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Seddon Channel in Tampa Bay, in Tampa, Florida, during the
International Special Operations Exercise. 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 12 p.m. until 3 p.m., on May 17,
2022, through May 18, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0245 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 on this rule,
call or email Marine Science Technician Second Class Regina L. Cuevas,
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 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 primary justification for this action
is that the Coast Guard was given short notice from the event sponsor
leaving insufficient time to publish an NPRM and to receive public
comments prior to the exercise. We must establish a safety zone by May
17, 2022, to protect the public from hazards associated with the
International Special Operations Exercise.
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 would be impracticable and contrary to the public interest
because immediate action is needed to respond to the potential dangers
to the public during the exercise.
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 St. Petersburg (COTP) has determined
that potential hazards associated with the exercise will be a safety
concern for anyone within the exercise area. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone during the exercise.
IV. Discussion of the Rule
This rule establishes a safety zone on certain navigable waters of
the Seddon Channel from 12 p.m. until 3 p.m., on May 17, 2022 through
May 18, 2022. The safety zone will cover an area of the Seddon Channel
located in the vicinity of the Tampa Convention Center in Tampa,
Florida. The International Special Operations Exercise is expected to
consist of multiple airborne and waterborne activities including:
Persons fast-roping and jumping out of helicopters, high-speed boat
pursuits, amphibious vehicles operations, and blank ammunition use.
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 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 following
reasons: (1) The safety zone only being enforced for a total of six
hours over two days; (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.
[[Page 29044]]
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. 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 where
indicated under 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 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, 160.5; and Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.
0
2. Add Sec. 165.T07-0351 to read as follows:
Sec. 165.T07-0351 Safety Zone; International Special Operations
Exercise, Seddon Channel, Tampa, FL.
(a) Location. The following regulated area is a safety zone: All
waters of Seddon Channel within the following area: North of
27[deg]56'15'' N, 082[deg]27'19'' W and 27[deg]56'14'' N,
082[deg]27'25'' W; northeast of 27[deg]56'22'' N, 082[deg]27'16'' W and
27[deg]56'25'' N, 082[deg]27'17'' W; south of 27[deg]56'30'' N,
082[deg]27'29'' W and 27[deg]56'29'' N, 082[deg]27'33'' W (Platt St.
Bridge); west of 27[deg]56'23'' N, 082[deg]27'32'' W and 27[deg]56'25''
N, 082[deg]27'35'' W (South Harbor Island Blvd. Bridge). 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 (COTP) St. Petersburg in the enforcement of the
regulated area.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative, unless you are an authorized
participant in the event.
(2) To seek permission to enter, transit through, anchor in or
remain within the safety zone contact the COTP St. Petersburg by
telephone at at (727) 824-7506 or the COTP's representative via VHF-FM
radio on channel 16. Those in
[[Page 29045]]
the safety zone must comply with all lawful orders or directions given
to them by the COTP or the COTP's designated representative.
(d) Effective date. This rule is effective from 12 p.m. until 3
p.m., on May 17, 2022, through May 18, 2022.
Dated: May 6, 2022.
Matthew A. Thompson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2022-10181 Filed 5-11-22; 8:45 am]
BILLING CODE 9110-04-P