Safety Zone; St. Petersburg, Florida, 16695-16697 [2024-04951]
Download as PDF
Federal Register / Vol. 89, No. 47 / Friday, March 8, 2024 / Rules and Regulations
environment. This proposed rule
involves a correction of a geographic
coordinate identifying the entrance
Bouy for Tampa Bay. Normally such
actions are categorically excluded from
further review under paragraph L60a 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. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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
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.
2. In § 165.753, revise paragraph (a) to
read as follows:
■
(a) The following is a regulated
navigation area (RNA): All the navigable
waters of Tampa Bay, Hillsborough Bay
and Old Tampa Bay, including all
navigable waterways tributary thereto.
Also included are the waters of Egmont
Channel, Gulf of Mexico from Tampa
Bay, Tampa Bay Entrance, approximate
position (27°35.2′ N, 083°00.4′ W).
*
*
*
*
*
[FR Doc. 2024–05008 Filed 3–7–24; 8:45 am]
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BILLING CODE 9110–04–P
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Jkt 262001
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0166]
RIN 1625–AA00
Safety Zone; St. Petersburg, Florida
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
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.
SUMMARY:
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.’’
DATES:
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
Mara.J.Brown@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
§ 165.753 Regulated navigation area;
Tampa Bay, Florida.
Dated: March 1, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the
Port Sector St. Petersburg.
DEPARTMENT OF HOMELAND
SECURITY
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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
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Fmt 4700
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16695
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
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16696
Federal Register / Vol. 89, No. 47 / Friday, March 8, 2024 / Rules and Regulations
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.
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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
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16:02 Mar 07, 2024
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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,
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Fmt 4700
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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.
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Federal Register / Vol. 89, No. 47 / Friday, March 8, 2024 / Rules and Regulations
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
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.
2. Add § 165.T07–0166 to read as
follows:
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]
BILLING CODE 9110–04–P
■
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
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§ 165.T07–0166 Safety Zone; Firestone
Grand Prix of St. Petersburg, St.
Petersburg, FL.
36 CFR Part 1202
(a) Location. The following area is a
safety zone. All waters of Tampa Bay
encompassed within the following
points: 27°46′18″ N, 082°37′55.2″ W,
thence to position 27°46′18″ N,
082°37′54.6″ W, thence to position
27°46′9.6″ N, 082°37′54.6″ W, thence to
position 27°46′9.6″ N, 082°37′33″ W,
thence to position 27°46′4.2″ N,
082°37′33″ W, thence to position
27°45′59.4″ N, 082°37′50.4″ W, thence to
position 27°46′6.6″ N, 082°37′56.4″ W,
thence to position 27°46′13.8″ N,
082°37′55.8″ W, thence back to the
original position 27°46′18″ N,
082°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
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[FDMS No. NARA–24–0004; NARA–2024–
017]
RIN 3095–AC21
Making a Privacy Act Request
National Archives and Records
Administration (NARA).
ACTION: Direct final rule.
AGENCY:
The National Archives and
Records Administration (NARA) is
amending our regulations on the Privacy
Act to allow individuals to submit
electronic Privacy Act requests.
DATES: This rule is effective April 17,
2024, without further action, unless we
receive actionable adverse comments by
March 28, 2024. If we receive such
comments, we will publish a
withdrawal of the rule in the Federal
Register.
ADDRESSES: You may submit comments,
identified by RIN 3095–AC21 by the
following method:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments. All submissions must
include NARA’s name and the
regulatory information number for this
rule (RIN 3095–AC21). We may publish
any comments we receive without
changes, including any personal
information you include.
• Mail (for paper, flash drive, or CD–
ROM submissions. Include ‘‘RIN 3095–
AC21’’ on the submission): National
Archives and Records Administration;
Regulation Comments Desk, Suite 4100;
8601 Adelphi Road; College Park, MD
20740–6001.
FOR FURTHER INFORMATION CONTACT:
Kimberly Richardson, Strategy and
Performance Division, by email at
regulation_comments@nara.gov, by
email at kimberly.richardson@nara.gov,
or by phone at 301–837–2902. Contact
privacy@nara.gov with any questions on
NARA’s privacy program.
SUMMARY:
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16697
The
National Archives and Records
Administration (NARA) is amending
our regulations to allow individuals to
submit electronic Privacy Act requests.
The revision will incorporate the
requirements of the CASES Act and
OMB Memo M–21–04. These authorities
require agencies to provide a digital
service option for individuals to make a
digital Privacy Act request. The revised
regulation will describe how
individuals can make a digital Privacy
Act request through NARA’s website.
SUPPLEMENTARY INFORMATION:
Regulatory Analysis
Review Under Executive Order 12866,
Regulatory Planning and Review, 58 FR
51735; Executive Order 13563,
Improving Regulation and Regulation
Review, 76 FR 23821; and Executive
Order 14094, Modernizing Regulatory
Review, 88 FR 21879
The Office of Management and Budget
(OMB) has reviewed this rule and
determined it is not ‘‘significant’’ under
section 3(f) of Executive Order 12866. It
is not significant because it consists of
administrative and minor revisions,
involves agency organization and
management, does not change
substantive requirements, and imposes
no costs on the public.
Review Under the Regulatory Flexibility
Act (5 U.S.C. 601, et seq.)
This review requires an agency to
prepare an initial regulatory flexibility
analysis and publish it when the agency
publishes the proposed rule. This
requirement does not apply if the
agency certifies that the rulemaking will
not, if promulgated, have a significant
economic impact on a substantial
number of small entities (5 U.S.C. 603).
We certify, after review and analysis,
that this rule will not have a significant
adverse economic impact on small
entities.
Review Under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not impose additional
information collection requirements on
the public that are subject to the
Paperwork Reduction Act.
Review Under Executive Order 13132,
Federalism, 64 FR 43255
Review under Executive Order 13132
requires that agencies review
regulations for federalism effects on the
institutional interest of states and local
governments, and, if the effects are
sufficiently substantial, prepare a
federalism assessment to assist senior
policy makers. This rule will not have
any effects on state and local
governments within the meaning of the
E:\FR\FM\08MRR1.SGM
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Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 9110-04-P