Special Local Regulation; Seddon Channel, Tampa, FL, 72348-72351 [2024-19847]

Download as PDF 72348 Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Proposed Rules appears to suggest) would lead to absurd results, such as requiring political committees to assign a value to and report everything they have ‘‘received,’’ including uncompensated volunteer services 28 and other goods and services that are not ‘‘contributions’’ under the Act. Additionally, the equal-value exchange of mailing lists is better suited to disposition on a case-by-case basis through advisory opinions and the enforcement process, as the Commission has been doing for the past 40 years. The Commission has issued several advisory opinions over the course of four decades on the treatment of mailing lists, several of which are referred to above. The Commission also previously conducted the 2003 rulemaking to consider whether to change its historical case-by-case practice to valuing mailing list exchanges and ultimately concluded that a case-by-case approach is the right way to go. Further, a case-by-case approach is more appropriate if, as several commenters in the prior rulemaking indicated, the proper valuation of a mailing list often depends on case-by-case facts. Finally, there does not appear to be great public interest in the proposed rulemaking. The Commission received only six public comments in response to its Notice of Availability, half of which came from the petitioner here. Accordingly, after considering the comments received regarding the Petition and in consideration of each of the factors discussed, the Commission declines to initiate a rulemaking in response to the Petition. Dated: August 29, 2024. On behalf of the Commission, Sean J. Cooksey, Chairman, Federal Election Commission. [FR Doc. 2024–19900 Filed 9–4–24; 8:45 am] BILLING CODE 6715–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 khammond on DSKJM1Z7X2PROD with PROPOSALS [REG–120137–19] RIN 1545–BP66 Update of Regulations Regarding Payment of Tax by Commercially Acceptable Means Internal Revenue Service (IRS), Treasury. AGENCY: 28 11 CFR 100.74. VerDate Sep<11>2014 21:09 Sep 04, 2024 Jkt 262001 ACTION: Notice of proposed rulemaking; reopening of comment period. has been reopened through Tuesday, September 24, 2024. This document reopens the period to submit comments or to request a public hearing for a notice of proposed rulemaking (REG–120137–19) that was published in the Federal Register on Tuesday, July 2, 2024. The proposed regulations relate to the payment of tax by commercially acceptable means and reflect changes to the law made by the Taxpayer First Act that would allow the IRS to directly accept payments of tax by credit or debit card, without having to connect taxpayers to third-party payment processors. DATES: The comment period to submit written or electronic comments for the notice of proposed rulemaking published on July 2, 2024 (89 FR 54746), or to request a public hearing, is reopened through September 24, 2024. ADDRESSES: Commenters are strongly encouraged to submit public comments electronically. Submit electronic submissions via the Federal eRulemaking Portal at https:// www.regulations.gov (indicate IRS and REG–120137–19) by following the online instructions for submitting comments. Requests for a public hearing must be submitted as prescribed in the ‘‘Comments and Requests for a Public Hearing’’ section. Once submitted to the Federal eRulemaking Portal, comments cannot be edited or withdrawn. The Department of the Treasury (Treasury Department) and the IRS will publish any comments submitted electronically or on paper to the public docket. Send paper submissions to: CC:PA:01:PR (REG–120137–19), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Crystal Jackson-Kaloz of the Office of the Associate Chief Counsel (Procedure and Administration), (202) 317–5191 (not a toll-free number); concerning the submission of comments and requests for a public hearing, Publications and Regulations Section at (202) 317–6901 (not a toll-free number), or by sending an email at publichearings@irs.gov (preferred). SUPPLEMENTARY INFORMATION: A notice of proposed rulemaking and request for comments that appeared in the Federal Register on Tuesday, July 2, 2024 (89 FR 54746), announced that written or electronic comments must be received by September 3, 2024. Due to public interest, the due date to receive comments or request a public hearing Regina L. Johnson, Federal Register Liaison, Publications and Regulations Section, Associate Chief Counsel, (Procedure and Administration). SUMMARY: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 [FR Doc. 2024–19854 Filed 9–4–24; 8:45 am] BILLING CODE 4830–01–P 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 Coast Guard, Department of Homeland Security (DHS). ACTION: Notice of proposed rulemaking. AGENCY: 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 DecisionMaking 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, 100word-or-less proposed rule summary will be available in this same docket. SUMMARY: E:\FR\FM\05SEP1.SGM 05SEP1 Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Proposed Rules 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 Mara.J.Brown@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 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 khammond on DSKJM1Z7X2PROD with PROPOSALS 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°56′27″ N, 082°27′28″ W, thence to position 27°56′29″ N, 082°27′28″ W, thence to position 27°56′25″ N, 082°27′18″ W, thence to position 27°56′23″ N, 082°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 VerDate Sep<11>2014 21:09 Sep 04, 2024 Jkt 262001 cover all navigable waters in Seddon Channel commencing at latitude 27°56′25″ N, 082°27′32″ W, thence to position 27°56′28″ N, 082°27′30″ W, thence to position 27°56′23″ N, 082°27′19″ W, thence to position 27°56′19″ N, 082°27′23″ W, thence to position 27°56′12″ N, 082°27′21″ W, thence to position 27°56′12″ N, 082°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°56′18″ N, 082°27′43″ W, thence to position 27°56′30″ N, 082°27′33″ W, thence to position 27°56′30″ N, 082°27′29″ W, thence to position 27°56′25″ N, 082°27′17″ W, thence to position 27°56′22″ N, 082°27′16″ W, thence to position 27°56′18″ N, 082°27′20″ W, thence to position 27°56′04″ N, 082°27′13″ W, thence to position 27°56′02″ N, 082°27′19″ W, thence to position 27°56′23″ N, 082°27′32″ W, thence to position 27°56′17″ N, 082°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 onscene 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 72349 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 E:\FR\FM\05SEP1.SGM 05SEP1 72350 Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Proposed Rules 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. khammond on DSKJM1Z7X2PROD with PROPOSALS 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. VerDate Sep<11>2014 21:09 Sep 04, 2024 Jkt 262001 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 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add § 100.T07–0528 to read as follows: ■ § 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 nonparticipant persons and vessels are E:\FR\FM\05SEP1.SGM 05SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Proposed Rules 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°56′27″ N, 082°27′28″ W, thence to position 27°56′29″ N, 082°27′28″ W, thence to position 27°56′25″ N, 082°27′18″ W, thence to position 27°56′23″ N, 082°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°56′25″ N, 082°27′32″ W, thence to position 27°56′28″ N, 082°27′30″ W, thence to position 27°56′23″ N, 082°27′19″ W, thence to position 27°56′19″ N, 082°27′23″ W, thence to position 27°56′12″ N, 082°27′21″ W, thence to position 27°56′12″ N, 082°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°56′18″ N, 082°27′43″ W, thence to position 27°56′30″ N, 082°27′33″ W, thence to position 27°56′30″ N, 082°27′29″ W, thence to position 27°56′25″ N, 082°27′17″ W, thence to position 27°56′22″ N, 082°27′16″ W, thence to position 27°56′18″ N, 082°27′20″ W, thence to position 27°56′04″ N, 082°27′13″ W, thence to position 27°56′02″ N, 082°27′19″ W, thence to position 27°56′23″ N, 082°27′32″ W, thence to position 27°56′17″ N, 082°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 nonparticipants are prohibited from entering, transiting through, anchoring in, or remaining within the event area VerDate Sep<11>2014 21:09 Sep 04, 2024 Jkt 262001 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 DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 21 RIN 2900–AS15 Timely Certification and Reporting for Veterans Attending Training Programs Department of Veterans Affairs. Proposed rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) Veteran Readiness and Employment (VR&E) Service is proposing to amend a regulation to establish timeframes for initial or monthly certification to VA of a Chapter 31 veteran’s enrollment at a facility, which would include information regarding the veteran’s rate of pursuit, dates of attendance, and the number of credit or training hours, and for reporting to VA when changes are made. This would allow for the timely processing of monthly subsistence allowance payments to participating veterans who depend on these funds. It would also help prevent undue hardship for veterans resulting from underpayments or overpayments caused by the delay in reporting changes in rate of pursuit, dates of attendance, or the number of credit or training hours. SUMMARY: PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 72351 Comments must be received on or before November 4, 2024. ADDRESSES: Comments must be submitted through www.regulations.gov. Except as provided below, comments received before the close of the comment period will be available at www.regulations.gov for public viewing, inspection, or copying, including any personally identifiable or confidential business information that is included in a comment. We post the comments received before the close of the comment period on www.regulations.gov as soon as possible after they have been received. VA will not post on www.regulations.gov public comments that make threats to individuals or institutions or suggest that the commenter will take actions to harm an individual. VA encourages individuals not to submit duplicative comments; however, we will post comments from multiple unique commenters even if the content is identical or nearly identical to other comments. Any public comment received after the comment period’s closing date is considered late and will not be considered in the final rulemaking. In accordance with the Providing Accountability Through Transparency Act of 2023, a 100 word Plain-Language Summary of this proposed rule is available at Regulations.gov, under RIN 2900–AS15. FOR FURTHER INFORMATION CONTACT: Loraine Spangler, Policy Analyst, Veteran Readiness and Employment Services (28), 810 Vermont Avenue NW, Washington, DC 20420, loraine.spangler@va.gov, (202) 461– 9600. (This is not a toll-free telephone number.) SUPPLEMENTARY INFORMATION: Per 38 U.S.C. 3100, one of the purposes of the VR&E program (also known as Chapter 31) is to provide services and assistance necessary to enable veterans with service-connected disabilities to obtain suitable employment. This may encompass training or retraining at a facility as part of a veteran’s Chapter 31 vocational rehabilitation program. As provided in 38 U.S.C. 3684(a)(1), the veteran and the educational institution offering a course in which such veteran is enrolled under Chapter 31 ‘‘shall, without delay, report to the Secretary, in the form prescribed by the Secretary, such enrollment and any interruption or termination of the education of each such veteran.’’ VA also pays veterans a subsistence allowance during the period of training. The purpose of the subsistence allowance is to assist with expenses related to the training. VA pays the DATES: E:\FR\FM\05SEP1.SGM 05SEP1

Agencies

[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.