Safety Zone; Anclote River, Tarpon Springs, FL, 21211-21213 [2024-06436]
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Federal Register / Vol. 89, No. 60 / Wednesday, March 27, 2024 / Rules and Regulations
amount of the general income exclusion
(§ 416.1124(c)(12)), unless you can show
that its value is less as described in
§ 416.1140(a)(2).
(d) * * *
(1) * * * We value any shelter
received by the one outside of the
medical institution at one-third of an
eligible individual’s Federal benefit rate,
plus the amount of the general income
exclusion (§ 416.1124(c)(12)), unless
you can show that its value is less as
described in § 416.1140(a)(2). * * *
*
*
*
*
*
■ 12. Amend § 416.1148 by revising
paragraph (b) to read as follows:
§ 416.1148 If you have both in-kind
support and maintenance and income that
is deemed to you.
*
*
*
*
*
(b) The presumed value rule and
deeming of income. (1) If you live in the
same household with someone whose
income can be deemed to you
(§§ 416.1160 through 416.1169), or with
a parent whose income is not deemed to
you because of the provisions of
§ 416.1165(i), any shelter that person
provides is not income to you. However,
if you receive any shelter from another
source, it is income and we value it
under the presumed value rule
(§ 416.1140). We also apply the deeming
rules.
(2) If you are a child under age 18
who lives in the same household with
an ineligible parent whose income may
be deemed to you, and you are
temporarily absent from the household
to attend school (§ 416.1167(b)), any
shelter you receive at school is income
to you unless your parent purchases it.
Unless otherwise excluded, we value
this income under the presumed value
rule (§ 416.1140). We also apply the
deeming rules to you (§ 416.1165).
■ 13. Amend § 416.1149 by revising
paragraph (c)(1) to read as follows:
§ 416.1149 What is a temporary absence
from your living arrangement.
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*
*
*
*
*
(c) * * *
(1)(i) If you enter a medical treatment
facility where you are eligible for the
reduced benefits payable under
§ 416.414 for full months in the facility,
and you are not eligible for either
benefit payable under § 416.212 (and
you have not received such benefits
during your current period of
confinement) and you intend to return
to your prior living arrangement, we
consider this a temporary absence
regardless of the length of your stay in
the facility. We use the rules that apply
to your permanent living arrangement to
value any shelter you receive during the
VerDate Sep<11>2014
16:04 Mar 26, 2024
Jkt 262001
month (for which reduced benefits
under § 416.414 are not payable) you
enter or leave the facility. During any
full calendar month you are in the
medical treatment facility, you cannot
receive more than the Federal benefit
rate described in § 416.414(b)(1). We do
not consider shelter provided during a
medical confinement to be income.
(ii) If you enter a medical treatment
facility and you are eligible for either
benefit payable under § 416.212, we also
consider this a temporary absence from
your permanent living arrangement. We
use the rules that apply to your
permanent living arrangement to value
any shelter you receive during the
month you enter the facility and
throughout the period you are eligible
for these benefits. We consider your
absence to be temporary through the last
month benefits under § 416.212 are paid
unless you are discharged from the
facility in the following month. In that
case, we consider your absence to be
temporary through the date of discharge.
*
*
*
*
*
21211
Background
The final regulations (TD 9981) that
are the subject of this correction are
under section 509(a) of the Code.
Corrections to Publication
Accordingly, the correction to the
final regulations (TD 9981) that are the
subject of FR Doc. 2023–25510,
published on November 20, 2023, on
page 80584, in the second column, is
corrected by correcting the fifth line of
the heading to read ‘‘1545–BJ53’’.
Oluwafunmilayo A. Taylor,
Section Chief, Publications and Regulations
Section, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. 2024–06485 Filed 3–26–24; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[FR Doc. 2024–06464 Filed 3–26–24; 8:45 am]
33 CFR Part 165
BILLING CODE 4191–02–P
[Docket Number USCG–2024–0229]
RIN 1625–AA00
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Safety Zone; Anclote River, Tarpon
Springs, FL
[TD 9981]
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
RIN 1545–BJ53
SUMMARY:
AGENCY:
26 CFR Parts 1 and 53
Requirements for Type I and Type III
Supporting Organizations; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations; correction.
AGENCY:
This document corrects the
correction to Treasury Decision 9981,
published in the Federal Register on
November 20, 2023. Treasury Decision
9981 issued final regulations providing
guidance on the prohibition on certain
gifts or contributions to Type I and Type
III supporting organizations from
persons who control a supported
organization and on certain other
requirements for Type III supporting
organizations. The regulations reflect
changes to the law made by the Pension
Protection Act of 2006.
DATES: This correction is effective on
March 27, 2024, and is applicable on
November 20, 2023.
FOR FURTHER INFORMATION CONTACT:
Michael Gruccio at (202) 317–4541 (not
a toll-free number), or Don Spellmann at
(202) 317–4086 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
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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.’’
E:\FR\FM\27MRR1.SGM
27MRR1
21212
Federal Register / Vol. 89, No. 60 / Wednesday, March 27, 2024 / Rules and Regulations
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 Mara.J.Brown@
uscg.mil.
SUPPLEMENTARY INFORMATION:
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.
I. Table of Abbreviations
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°9′21.51″ N, Longitude: 82°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.
FOR FURTHER INFORMATION CONTACT:
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
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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
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16:04 Mar 26, 2024
Jkt 262001
IV. Discussion of the Rule
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.
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Fmt 4700
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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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Federal Register / Vol. 89, No. 60 / Wednesday, March 27, 2024 / Rules and Regulations
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.
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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
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16:04 Mar 26, 2024
Jkt 262001
21213
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
Dated: March 20, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg.
List of Subjects in 33 CFR Part 165
[FR Doc. 2024–06436 Filed 3–26–24; 8:45 am]
BILLING CODE 9110–04–P
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:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
[Docket No. 130403320–4891–02; RTID
0648–XD749]
1. The authority citation for part 165
continues to read as follows:
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic;
2024–2025 Recreational Fishing
Season for Black Sea Bass
■
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.T07–0229 to read as
follows:
■
§ 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°09′23″
N, longitude 082°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.
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Fmt 4700
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; recreational
fishing season.
AGENCY:
NMFS announces that the
recreational fishing season for black sea
bass in South Atlantic Federal waters
will extend throughout the species’
2024–2025 fishing year. Announcing the
length of recreational fishing season for
black sea bass is one of the
accountability measures (AMs) for the
recreational sector. This announcement
allows recreational fishers to maximize
their opportunity to harvest the
recreational annual catch limit (ACL) for
black sea bass while NMFS manages
harvest to protect the black sea bass
resource.
DATES: This temporary rule is effective
from April 26, 2024, through March 31,
2025.
FOR FURTHER INFORMATION CONTACT:
Nikhil Mehta, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
nikhil.mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: The South
Atlantic snapper-grouper fishery
includes black sea bass south of
35°15.19′ N latitude, due east of Cape
Hatteras Light, North Carolina, and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The South Atlantic
Fishery Management Council and
NMFS prepared the FMP, and NMFS
implements the FMP under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. Black
SUMMARY:
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]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[[Page 21213]]
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
