[Federal Register Volume 89, Number 60 (Wednesday, March 27, 2024)]
[Rules and Regulations]
[Pages 21211-21213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06436]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2024-0229]
RIN 1625-AA00


Safety Zone; Anclote River, Tarpon Springs, 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 for 
navigable waters of the Anclote River in Tarpon Springs, FL for the 
removal of a dredging pipe. The safety zone will encompass all waters 
within a 200-yard radius of the dredge vessel DIAMOND 6 and the tug 
vessel LADY LAFON. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards created by 
dredge work and removal of a dredging pipe. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port St Petersburg.

DATES: This temporary rule is effective without actual notice from 
March 27, 2024 through March 30, 2024. For the purposes of enforcement, 
actual notice will be used from March 24, 2024, until March 27, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0229 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

[[Page 21212]]


FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Marine Science Technician First Class Mara J. Brown, 
Sector St. Petersburg Waterways Management Division, 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 
statutory 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.'' The Coast Guard did not receive final details of 
this event until March 11, 2024. It is impracticable to go through the 
full notice and comment rulemaking process because the Coast Guard must 
establish this safety zone by March 24, 2024 and lacks sufficient time 
to provide for a comment period and then consider those comments before 
issuing the rule. Additionally, immediate action is needed to protect 
personnel, vessels, and the marine environment in the Anclote River 
within the safety zone while the removal of a dredging pipe is 
underway.
    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 because immediate action is necessary 
to protect personnel, vessels, and the marine environment from the 
potential safety hazards associated with the removal of a dredging pipe 
located in the Anclote River in Tarpon Springs, FL.

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 removal of a dredging 
pipe beginning on March 24, 2024, will be a safety concern for anyone 
within a 200-yard radius of the dredge vessel DIAMOND 6 and tug vessel 
LADY LAFON. This rule is needed to ensure the safety of vessels and 
persons in the navigable waters within the safety zone during the 
removal of the dredging pipe.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 a.m. on March 24, 2024, 
through 7 p.m. on March 30, 2024. The safety zone will cover all 
navigable waters within 200 yards of the Dredge DIAMOND 6 and Tug LADY 
LAFON, located on the Anclote River, approximate position at Latitude: 
28[deg]9'21.51'' N, Longitude: 82[deg]45'58.68'' W. The duration of the 
zone is intended to ensure the safety of vessels and persons during the 
removal of the dredging pipe. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from 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 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 limited 
duration, narrowly tailored geographic area, and scope of the safety 
zone. Although the rule restricts access to the waters encompassed by 
the safety zone, the effect of this rule will not be significant 
because the local waterways users will be notified to ensure the safety 
zone will result in minimal impact during the 9 hours per day of the 
dredging pipe removal. It is limited in scope as vessel traffic may 
seek permission from the COTP to enter the zone. Additionally, vessel 
traffic will be able to safely transit around 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 
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

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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 9 hours per day that will prohibit 
entry within 200 yards of the dredge vessel DIAMOND 6 and the tug 
vessel LADY LAFON. 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, 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.T07-0229 to read as follows:


Sec.  165.T07-0229  Safety Zone; Anclote River, Tarpon Springs, FL.

    (a) Location. The following regulated area is a safety zone: All 
navigable waters of Anclote River, from surface to bottom, within a 
200-yard radius of the dredge vessel DIAMOND 6 and the tug vessel LADY 
LAFON in the approximate position latitude 28[deg]09'23'' N, longitude 
082[deg]45'58'' W. These coordinates are based on the 1984 World 
Geodetic System.
    (b) Definition. 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) 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.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by Marine Band Radio VHF-FM channel 16 (156.8 MHz). 
Those in 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 and enforcement period. This rule will be effective 
from 10 a.m. on March 24, 2024, through 7 p.m. on March 30, 2024.

    Dated: March 20, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2024-06436 Filed 3-26-24; 8:45 am]
BILLING CODE 9110-04-P