Special Local Regulation; Seddon Channel, Tampa, FL

<RULE> DEPARTMENT OF HOMELAND SECURITY <SUBAGY>Coast Guard</SUBAGY> <CFR>33 CFR Part 100</CFR> <DEPDOC>[Docket Number USCG-2024-0528]</DEPDOC> <RIN>RIN 1625-AA08</RIN> <SUBJECT>Special Local Regulation; Seddon Channel, Tampa, FL</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Coast Guard, DHS. <HD SOURCE="HED">ACTION:</HD> Temporary final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Coast Guard is establishing a temporary special local regulation for certain navigable waters in Seddon Channel near the Tampa Convention Center in Tampa, FL during the Red Bull Flugtag event. This temporary special local regulation is necessary to ensure the safety of spectators and mariners transiting the area from the dangers associated with this competitive event. This rulemaking would temporarily prohibit entering, transiting through, anchoring, blocking, or loitering within the regulated area, unless authorized by the Captain of the Port St. Petersburg or designated representative. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective from 7 a.m. through 8 p.m. on November 9, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> To view documents mentioned in this preamble as being available in the docket, go to <E T="03">https://www.regulations.gov,</E> type USCG-2024-0528 in the search box and click “Search.” Next, in the Document Type column, select “Supporting & Related Material.” <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> If you have questions about this rule, call or email Marine Science Technician Second Class Zachary VanLier, Sector St. Petersburg Prevention Department, U.S. Coast Guard; telephone 813-228-2191, email <E T="03">Zachary.I.Vanlier@uscg.mil.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Table of Abbreviations</HD> <EXTRACT> <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP> <FP SOURCE="FP-1">DHS Department of Homeland Security</FP> <FP SOURCE="FP-1">FR Federal Register</FP> <FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP> <FP SOURCE="FP-1">§ Section </FP> <FP SOURCE="FP-1">U.S.C. United States Code</FP> </EXTRACT> <HD SOURCE="HD1">II. Background Information and Regulatory History</HD> On January 13, 2024, the Red Bull organization notified the Coast Guard of the intention to conduct the “Red Bull Flugtag” event adjacent to the Tampa Convention Center waterfront in the vicinity of the Seddon Channel in Tampa, FL. The Red Bull Flugtag is a free event that challenges people to design and construct homemade “flying crafts” and attempt to fly or glide those crafts off a temporary structure. Approximately 35 to 40 teams composed of individuals will participate in the event. However, the expectation is that many spectators will be in attendance to witness the competition from both land and water. In response, on September 5, 2024, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Special Local Regulation; Seddon Channel, Tampa, FL (89 FR 72348). There we stated why we issued the NPRM and invited comments on our proposed regulatory action related to this fireworks display. During the comment period that ended October 7, 2024, we received 0 comments. 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 <E T="04">Federal Register</E> . Delaying the effective date of this rule would be impracticable because immediate action is needed to respond to the potential safety hazards associated with the establishment of the Special Local Regulation during the marine event. <HD SOURCE="HD1">III. Legal Authority and Need for Rule</HD> The Coast Guard is issuing this rule under the authority in 46 U.S.C. 70034. The Captain of the Port Sector St. Petersburg (COTP) has determined that potential hazards associated with the marine event, and there is an increase in navigational risk associated with the competitors attempt to fly home-made, human-powered flying machines into the Seddon Channel. The purpose of this rule is to ensure safety of vessels and the navigable waters in the special local regulated area before, during, and after the scheduled event. <HD SOURCE="HD1">IV. Discussion of Comments, Changes, and the Rule</HD> As noted above, we received no comments on our NPRM published September 5, 2024. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes 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; (2) spectator area; and (3) an enforcement area on the Seddon Channel near the Tampa Convention Center in Tampa, FL during the Red Bull Flugtag event. For the event area 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. For the spectator area, vessels will be directed to anchor while the event is taking place. For the enforcement area, designated representatives may control vessel traffic as determined by the prevailing conditions. 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 (866) 881-1392, 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. <HD SOURCE="HD1">V. Regulatory Analyses</HD> 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. <HD SOURCE="HD2">A. Regulatory Planning and Review</HD> 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 rule being enforced in a small, designated area in the Seddon Channel for only one day. 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. Persons and vessels may still enter, transit through, anchor in, or remain within the spectator area and enforcement area. The Coast Guard will provide advance notification of the special local regulation to the local Notice to Mariners and Broadcast Notice to Mariners. <HD SOURCE="HD2">B. Impact on Small Entities</HD> 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 received 0 comments from the Small Business Administration on this rulemaking. 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 <E T="02">FOR FURTHER INFORMATION CONTACT</E> 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. <HD SOURCE="HD2">C. Collection of Information</HD> This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). <HD SOURCE="HD2">D. Federalism and Indian Tribal Governments</HD> 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 dist ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 17k characters. 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