[Federal Register Volume 89, Number 214 (Tuesday, November 5, 2024)]
[Rules and Regulations]
[Pages 87787-87789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25712]


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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, DHS.

ACTION: Temporary final rule.

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SUMMARY: 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.

DATES: This rule is effective from 7 a.m. through 8 p.m. on November 9, 
2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2024-0528 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Marine Science Technician Second Class Zachary VanLier, 
Sector St. Petersburg Prevention Department, U.S. Coast Guard; 
telephone 813-228-2191, email <a href="/cdn-cgi/l/email-protection#663c07050e07141f482f483007080a0f03142613150501480b0f0a"><span class="__cf_email__" data-cfemail="cc96adafa4adbeb5e285e29aada2a0a5a9be8cb9bfafabe2a1a5a0">[email protected]</span></a>.

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

    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 Federal Register. 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.

III. Legal Authority and Need for Rule

    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.

IV. Discussion of Comments, Changes, and the Rule

    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

[[Page 87788]]

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.

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 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.

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 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 FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have Tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian Tribes, on the relationship between the Federal 
Government and Indian Tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian Tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 
1969(42 U.S.C. 4321-4370f), and have determined that this action is one 
of a category of actions that do not individually or cumulatively have 
a significant effect on the human environment. This rule involves 
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. It is 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A

[[Page 87789]]

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 100

    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 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) Event area. 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) Spectator area. 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.
    (3) Enforcement area. 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 
(866) 881-1392. 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: October 30, 2024.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2024-25712 Filed 11-4-24; 8:45 am]
BILLING CODE 9110-04-P


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