[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