[Federal Register Volume 90, Number 165 (Thursday, August 28, 2025)]
[Rules and Regulations]
[Pages 41891-41893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-16570]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0798]
RIN 1625-AA00
Safety Zone; Tampa Bay, St. Petersburg, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters for a high-speed boat race. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by high-speed boat racing. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Sector St. Petersburg.
DATES: This rule is effective from 8 a.m. on September 6, 2025, through
6:30 p.m. on September 7, 2025. It is subject to enforcement from 8
a.m. through 6:30 p.m. each day.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0798 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 about this rule,
call or email Lieutenant Ryan McNaughton, Sector St. Petersburg
Prevention Department, U.S. Coast Guard; telephone 813-918-7270, 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 comment under the authority in 5 U.S.C. 553(b)(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 finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because it is impracticable due to the fact that the event sponsor
moved the date of the race up by one month. Normally, the event is in
October, and the Coast Guard would activate the zone listed in Special
Local Regulation in Item No. 6, Table 1 to 33 CFR 100.703, but the
event is now in early September, and we did not have enough notice to
establish this zone with an NPRM and comment opportunity. The Coast
Guard must
[[Page 41892]]
establish a safety zone to protect spectators and the waterways during
the two-day event starting on September 6, 2025.
Also, 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 is impracticable because prompt action is needed to respond
to the potential safety concerns associated with high-speed boat races.
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 high-speed boat races
starting September 6, 2025, will be a safety concern for anyone within
the race area. This rule is needed to protect personnel, vessels, and
the marine environment in the navigable waters within the safety zone
while the event is occurring.
IV. Discussion of the Rule
This rule establishes a safety zone from 8 a.m. until 6:30 p.m. on
September 6, 2025 and September 7, 2025. The safety zone will cover all
navigable waters within and around the race course. The duration of the
zone is intended to protect personnel, vessels, and the marine
environment in these navigable waters during the racing event. 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.
A. 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 for the following reasons. The safety zone will only be
enforced for approximately 10 hours a day for 2 days. Vessels will be
able to transit around the zone and we will broadcast information about
the zone via local notice to mariners.
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 will 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.
B. 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).
C. 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.
D. 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.
E. 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 only 2 days that will prohibit entry within a
designated racecourse area. 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.
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. 01.4.
0
2. Add Sec. 165.T07-0798 to read as follows:
Sec. 165.T07-0798 Safety Zone; Tampa Bay, St. Petersburg, FL.
(a) Location. The following area is a safety zone: ``All waters of
Tampa Bay encompassed within the following
[[Page 41893]]
points: 27[deg]46'56.22'' N, 082[deg]36'55.50'' W, thence to position
27[deg]47'08.82'' N, 082[deg]34'33.24'' W, thence to position
27[deg]46'06.96'' N, 082[deg]34'29.04'' W, thence to position
27[deg]45'59.22'' N, 082[deg]37'02.88'' W, thence back to the original
position 27[deg]46'24.24'' N, 082[deg]37'30.24'' W.
(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. Peterburg (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) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions
(3) 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) Enforcement periods. This section will be subject to
enforcement from 8 a.m. to 6:30 p.m. on September 6, 2025 and September
7, 2025.
Dated: August 26, 2025.
Courtney A. Sergent,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2025-16570 Filed 8-27-25; 8:45 am]
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