[Federal Register Volume 87, Number 161 (Monday, August 22, 2022)]
[Rules and Regulations]
[Pages 51251-51253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18069]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0612]
RIN 1625-AA87


Security Zone; Seddon Channel, VIP Visit, 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 security zone in 
the vicinity of the Tampa Convention Center, Tampa, FL, during a 
Government ceremony featuring several high-level officials. The 
security zone will cover all navigable waters of the Seddon Channel and 
Hillsborough River within 100 yards of the Tampa Convention Center, 
Tampa, FL. The security zone is necessary to protect the official 
party, the public, and the surrounding waterway from terrorist acts, 
sabotage, or other subversive acts, accidents, or other causes of a 
similar nature. Entering or remaining in this security zone is 
prohibited unless authorized by the Captain of the Port St. Petersburg 
or a designated representative.

DATES: This rule is effective from 5 a.m. through 4 p.m., on August 30, 
2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0612 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 the Captain of the Port St. 
Petersburg did not receive sufficient notice of this visit. Therefore, 
the Coast Guard lacks sufficient time to provide a reasonable comment 
period and then consider those comments before issuing the rule. Any 
delay in the effective date of this rule would be contrary to the 
public interest as immediate action is needed to protect the official 
party, the public, and the surrounding waterway from sabotage or other 
subversive acts, accidents, or other causes of a similar nature.
    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 contrary to the public interest because immediate 
action is needed to provide adequate security to protect the official 
party, the public, and the surrounding waterway.

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 Sector St Petersburg (COTP) has 
determined that potential hazards associated with this Government 
ceremony starting August 30, 2022, has security concern for the 
official party within a 100-yard radius of the Tampa Convention center 
in the waters of the Seddon Channel and the Hillsborough River. This 
rule is needed to protect the official party, the public, and the 
surrounding waterway from potential terrorist threats.

IV. Discussion of the Rule

    This rule establishes a security zone from 5 a.m. through 4 p.m., 
on August 30, 2022. The security zone will cover all navigable waters 
of Seddon Channel and the Hillborough River within 100 yards of the 
Tampa Convention Center, Tampa, FL. The duration of the zone is 
intended to ensure the security of the VIP during the scheduled event. 
No vessel or person will be permitted to enter, transit through, anchor 
in or remain within the security zone without obtaining permission from 
the COTP or a designated representative. If

[[Page 51252]]

authorization to enter, transit through, anchor in, or remain within 
the security 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. The Coast Guard will provide notice of the security 
zone by Broadcast Notice to Mariners, or by on-scene designated 
representatives.
    Persons and vessels are prohibited from entering, transiting 
through, anchoring in, or remaining within the security zone unless 
authorized by the Captain of the Port St. Petersburg or a designated 
representative. Persons and vessels desiring to enter, transit through, 
anchor in, or remain within the security zone may contact the Captain 
of the Port St. Petersburg by telephone at (727) 824-7506, or a 
designated representative via VHF radio on channel 16, to request 
authorization. If authorization to enter, transit through, anchor in, 
or remain within the security zone is granted by the Captain of the 
Port St. Petersburg or a designated representative, all persons and 
vessels receiving such authorization must comply with the instructions 
of the Captain of the Port St. Petersburg or a designated 
representative. The Coast Guard will provide notice of the security 
zone by Broadcast Notice to Mariners and on-scene designated 
representatives.

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: (1) the security 
zone will be enforced for approximately 11 hours; (2) although persons 
and vessels will not be able to enter or remain in the security zone 
without authorization from the Captain of the Port St. Petersburg or a 
designated representative, they may operate in the surrounding area 
during the enforcement period; and (3) persons and vessels may still 
enter or remain in this security zone if authorized by the Captain of 
the Port St. Petersburg or a designated representative.

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 
security 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 
security zone lasting only 11 hours that will prohibit entry within 100 
yards of the Tampa Convention Center in the waters of the Seddon 
Channel and Hillsborough River. 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

[[Page 51253]]

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. 
00170.1, Revision No. 01.2.


0
2. Add Sec.  165.T07-0612 to read as follows:


Sec.  165.T07-0612  Security Zone; Seddon Channel, VIP Visit, Tampa, 
FL.

    (a) Location. The following is a security zone: All navigable 
waters of the Seddon Channel and Hillsborough River within the 
following area: South of the Platt Street Bridge from position 
27[deg]56'30.1'' N, 82[deg]27'29.84'' W, thence to positon 
27[deg]56'27.37'' N, 82[deg]27'29.32'' W, thence to position 
27[deg]56'24.78'' N, 82[deg]27'23.3'' W, thence to position 
27[deg]56'26.577'' N, 82[deg]27'21.419'' W, thence to 27[deg]56'30.1'' 
N, 82[deg]27'29.84'' W.
    (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) in the enforcement of the security zone.
    (c) Regulations. (1) No person or vessel will be permitted to 
enter, transit, anchor, or remain within the security zone unless 
authorized by the COTP St. Petersburg or a designated representative. 
If authorization is granted, persons and/or vessels receiving such 
authorization must comply with the instructions of the COTP St. 
Petersburg or designated representative.
    (2) Persons who must notify or request authorization from the COTP 
St. Petersburg may do so by telephone at (727) 824-7534, or may contact 
a designated representative via VHF radio on channel 16.
    (d) Enforcement period. This section will be enforced from 5 a.m. 
through 4 p.m., on August 30, 2022.

    Dated: August 16, 2022.
Micheal P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St Petersburg.
[FR Doc. 2022-18069 Filed 8-19-22; 8:45 am]
BILLING CODE 9110-04-P