[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Rules and Regulations]
[Pages 16695-16697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04951]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0166]
RIN 1625-AA00


Safety Zone; St. Petersburg, Florida

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 for 
navigable waters of Tampa Bay, in the vicinity of the St. Petersburg 
Municipal Yacht Basin, during a racing event in St. Petersburg, FL. The 
safety zone is necessary to ensure the safety of participant vessels, 
spectators, and the general public during the event. Entry of vessels 
or persons into this zone is prohibited unless specifically authorized 
by the Captain of the Port St. Petersburg or a designated 
representative.

DATES: This rule is effective daily from 6 a.m. until 10 p.m., on March 
7, 2024, through March 10, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0166 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 First Class Mara Brown, Sector 
St. Petersburg Prevention Department, U.S. 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 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 
public interest. The Coast Guard did not receive notice that a safety 
zone would be part of the pre-scheduled Firestone Grand Prix race event 
unitl February 15, 2024. This action is necessary for the protection of 
life and property on the navigable waters of the United States. The 
event would begin before the rulemaking process would be completed. It 
is impracticable to publish an NPRM because we must establish this 
safety zone by March 7, 2024.
    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. It is impracticable and contrary 
to the public interest to delay this rule because it is necessary to 
protect spectators, vessels, and the marine environment from potential 
hazards created by the race event.

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 race event near St. 
Petersburg Municipal Yacht Basin. This rule is necessary to ensure the 
safety of the spectators, the general public, vessels and the navigable 
waters of St. Petersburg, FL, during the race event.

IV. Discussion of the Rule

    This rule establishes a safety zone on certain waters near the 
Municipal Yacht Basin in St. Petersburg, FL, during the Firestone Grand 
Prix race event in St. Petersburg, FL. This safety zone will be 
enforced from 6 a.m. until 10 p.m., daily on March 7, 2024 through 
March 10, 2024. The safety zone will cover all navigable waters within 
a specified area of Tampa Bay, during the race event. The safety zone 
is needed to protect the public, vessels, and the marine environment 
from potential hazards created by spectators of the race event. No 
person or vessel 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

[[Page 16696]]

must comply with the instructions of the COTP or a designated 
representative. The Coast Guard will provide notice of the safety zone 
by Broadcast Notice to Mariners, and/or by 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    This regulatory action determination is based on the, location, 
duration, and scope of the safety zone. This rule involves a safety 
zone that will prohibit persons and vessels from entering, transiting 
through, anchoring in, or remaining within certain waters around 
Municipal Yacht Basin, in St. Petersburg, FL during the Firestone Grand 
Prix of St. Petersburg race event lasting four days.
    Although persons and vessels may not enter, transit through, anchor 
in, or remain within the safety zone without authorization from the 
COTP or a designated representative, they will be able to safely 
transit around the zone. Moreover, the Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter 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 
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 
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 
contact 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 that will prohibit persons and vessels from entering, 
transiting through, anchoring in, or remaining within within certain 
waters around Municipal Yacht Basin, in St. Petersburg, FL during the 
Firestone Grand Prix of St. Petersburg race event lasting four days. 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.


[[Page 16697]]


    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, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.


0
2. Add Sec.  165.T07-0166 to read as follows:


Sec.  165.T07-0166  Safety Zone; Firestone Grand Prix of St. 
Petersburg, St. Petersburg, FL.

    (a) Location. The following area is a safety zone. All waters of 
Tampa Bay encompassed within the following points: 27[deg]46'18'' N, 
082[deg]37'55.2'' W, thence to position 27[deg]46'18'' N, 
082[deg]37'54.6'' W, thence to position 27[deg]46'9.6'' N, 
082[deg]37'54.6'' W, thence to position 27[deg]46'9.6'' N, 
082[deg]37'33'' W, thence to position 27[deg]46'4.2'' N, 
082[deg]37'33'' W, thence to position 27[deg]45'59.4'' N, 
082[deg]37'50.4'' W, thence to position 27[deg]46'6.6'' N, 
082[deg]37'56.4'' W, thence to position 27[deg]46'13.8'' N, 
082[deg]37'55.8'' W, thence back to the original position 
27[deg]46'18'' N, 082[deg]37'55.2'' W. All coordinates are North 
American Datum 1983.
    (b) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer operating a Coast 
Guard vessel and a Federal, State, and local officer designated by or 
assisting the Captain of the Port St. Petersburg (COTP) in the 
enforcement of the safety zone.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within the regulated 
area unless authorized by the COTP or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain within the regulated area may contact the COTP by 
telephone at 727-824-7506, or a designated representative via VHF-FM 
radio on channel 16 to request authorization. If authorization is 
granted, all persons and vessels receiving such authorization must 
comply with the instructions of the COTP St. Petersburg or a designated 
representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Broadcast Notice to Mariners via VHF-FM channel 16, and/or by on-scene 
designated representatives.
    (d) Enforcement Period. This rule will be enforced daily from 6 
a.m. until 10 p.m., on March 7, 2024, through March 10, 2024.

    Dated: March 1, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2024-04951 Filed 3-7-24; 8:45 am]
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