[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Proposed Rules]
[Pages 72348-72351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19847]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2024-0528]
RIN 1625-AA08
Special Local Regulation; Seddon Channel, Tampa, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for certain waters of the Seddon Channel. This action
is necessary to provide for the safety of life on these navigable
waters near the Tampa Convention Center, Tampa, FL, during a marine
event on November 9, 2024. This proposed rulemaking would establish a
special local regulation with the following regulated areas: an event
area where all non-participant persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within unless
authorized by the Captain of the Port St. Petersburg (COTP) or a
designated representative; a spectator area where vessels will be
directed to anchor while the event is taking place; and an enforcement
area where designated representatives may control vessel traffic as
determined by the prevailing conditions. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 7, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0528 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
[[Page 72349]]
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, 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 Legal Basis
On January 13, 2024, an organization notified the Coast Guard that
it will be conducting the Red Bull Flugtag Tampa from 7 a.m. to 8 p.m.
on November 9, 2024. The Red Bull Flugtag is a free family-friendly
event that challenges people to design and construct homemade ``flying
crafts'' and attempt to fly or glide them off of a temporary structure
known as the ``Flight Deck''. Thirty-five (35) to 40 teams of 5 people
will be selected to participate. Spectating takes place from both land
and water. The COTP has determined that potential hazards associated
with the event would be a safety concern for spectators and mariners
adjacent to the Seddon channel.
The purpose of this rulemaking is to ensure the safety of event
participants, spectators, and the general public on certain waters
adjacent to the Seddon Channel before, during, and after the scheduled
event. The Coast Guard is proposing this rulemaking under authority in
46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP St. Petersburg is proposing to establish a special local
regulation from 7 a.m. until 8 p.m., on November 9, 2024. The special
local regulation would establish: (1) an event area where all non-
participant persons and vessels are prohibited from entering,
transiting through, anchoring in, or remaining within unless authorized
by the COTP or a designated representative. The event area would cover
all navigable waters in Seddon Channel commencing at latitude
27[deg]56'27'' N, 082[deg]27'28'' W, thence to position 27[deg]56'29''
N, 082[deg]27'28'' W, thence to position 27[deg]56'25'' N,
082[deg]27'18'' W, thence to position 27[deg]56'23'' N, 082[deg]27'19''
W, thence to the original position, (2) a spectator area where vessels
will be directed to anchor while the event is taking place. The
spectator area would cover all navigable waters in Seddon Channel
commencing at latitude 27[deg]56'25'' N, 082[deg]27'32'' W, thence to
position 27[deg]56'28'' N, 082[deg]27'30'' W, thence to position
27[deg]56'23'' N, 082[deg]27'19'' W, thence to position 27[deg]56'19''
N, 082[deg]27'23'' W, thence to position 27[deg]56'12'' N,
082[deg]27'21'' W, thence to position 27[deg]56'12'' N, 082[deg]27'23''
W, thence to original position, and (3) an enforcement area where
designated representatives may control vessel traffic as determined by
the prevailing conditions. The enforcement area would cover all
navigable waters in Seddon Channel commencing at latitude
27[deg]56'18'' N, 082[deg]27'43'' W, thence to position 27[deg]56'30''
N, 082[deg]27'33'' W, thence to position 27[deg]56'30'' N,
082[deg]27'29'' W, thence to position 27[deg]56'25'' N, 082[deg]27'17''
W, thence to position 27[deg]56'22'' N, 082[deg]27'16'' W, thence to
position 27[deg]56'18'' N, 082[deg]27'20'' W, thence to position
27[deg]56'04'' N, 082[deg]27'13'' W, thence to position 27[deg]56'02''
N, 082[deg]27'19'' W, thence to position 27[deg]56'23'' N,
082[deg]27'32'' W, thence to position 27[deg]56'17'' N, 082[deg]27'39''
W thence to the original position.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the event area by contacting the
COTP St. Petersburg by telephone at (727) 824-7506, or a designated
representative via VHF radio on channel 16. If authorization to enter,
transit through, anchor in, or remain within the regulated area is
granted by the COTP St. Petersburg or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the COTP St. Petersburg or a designated representative.
The Coast Guard will provide notice of the special local regulation by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
The regulatory text we are proposing appears at the end of this
document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM 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, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination is based on the following
reasons: (1) the special local regulation would be enforced in a small
designated area in the Seddon Channel for only one day; (2) although
persons and vessels may not enter, transit through, anchor in, or
remain within the event area without authorization from the COTP St.
Petersburg 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
spectator area and enforcement area; and (4) the Coast Guard will
provide advance notification of the special local regulation to the
local Notice to Mariners and Broadcast Notice to Mariners.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to enter,
transit through, anchor in, or remain within the enforcement area may
be small entities, for the reasons stated in section IV.A above, this
proposed rule would not have a significant economic impact on any
vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the
[[Page 72350]]
proposed 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. The Coast Guard
will not retaliate against small entities that question or complain
about this proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 13 total hours. Normally
such actions are categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A preliminary 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. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2024-0528 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR Part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T07-0528 to read as follows:
Sec. 100.T07-0528 Red Bull Flugtag Seddon Channel, Tampa, FL.
(a) Regulated areas. The regulations in this section apply to the
following areas (all coordinates are based on North American Datum
1983):
(1) An event area where all non-participant persons and vessels are
[[Page 72351]]
prohibited from entering, transiting through, anchoring in, or
remaining within unless authorized by the Captain of the Port St.
Petersburg (COTP) or a designated representative. The event area covers
all navigable waters in Seddon Channel commencing at latitude
27[deg]56'27'' N, 082[deg]27'28'' W, thence to position 27[deg]56'29''
N, 082[deg]27'28'' W, thence to position 27[deg]56'25'' N,
082[deg]27'18'' W, thence to position 27[deg]56'23'' N, 082[deg]27'19''
W, thence to the original position;
(2) A spectator area where vessels will be directed to anchor while
the event is taking place. The spectator area covers all navigable
waters in Seddon Channel commencing at latitude 27[deg]56'25'' N,
082[deg]27'32'' W, thence to position 27[deg]56'28'' N, 082[deg]27'30''
W, thence to position 27[deg]56'23'' N, 082[deg]27'19'' W, thence to
position 27[deg]56'19'' N, 082[deg]27'23'' W, thence to position
27[deg]56'12'' N, 082[deg]27'21'' W, thence to position 27[deg]56'12''
N, 082[deg]27'23'' W, thence to original position; and
(3) An enforcement area where designated representatives may
control vessel traffic as determined by the prevailing conditions. The
enforcement area covers all navigable waters in Seddon Channel
commencing at latitude 27[deg]56'18'' N, 082[deg]27'43'' W, thence to
position 27[deg]56'30'' N, 082[deg]27'33'' W, thence to position
27[deg]56'30'' N, 082[deg]27'29'' W, thence to position 27[deg]56'25''
N, 082[deg]27'17'' W, thence to position 27[deg]56'22'' N,
082[deg]27'16'' W, thence to position 27[deg]56'18'' N, 082[deg]27'20''
W, thence to position 27[deg]56'04'' N, 082[deg]27'13'' W, thence to
position 27[deg]56'02'' N, 082[deg]27'19'' W, thence to position
27[deg]56'23'' N, 082[deg]27'32'' W, thence to position 27[deg]56'17''
N, 082[deg]27'39'' W thence to the original position.
(b) Definitions. As used in this section--
Captain of the Port (COTP) St. Petersburg means the Commander, U.S.
Coast Guard Sector St. Petersburg or any Coast Guard commissioned,
warrant or petty officer who has been authorized by the COTP to act on
his behalf.
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 COTP in the enforcement of the
regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
event area described in paragraph (a)(1) of this section unless
authorized by the COTP or their designated representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area described in paragraph (a)(3) of this
section as determined by the prevailing conditions.
(3) To seek permission to enter, contact the COTP or the COTP's
representative by contacting the COTP St. Petersburg by telephone at
(727) 824-7506. Those in the regulated area must comply with all lawful
orders or directions given to them by the COTP or the designated
representative.
(4) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 7 a.m.
to 8 p.m. on November 9, 2024.
Dated: August 26, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2024-19847 Filed 9-4-24; 8:45 am]
BILLING CODE 9110-04-P