9448 Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0075] 

RIN 1625–AA00 

Safety Zone; Firestone Grand Prix of 

St. Petersburg, St. Petersburg, Florida 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the navigable waters of Tampa Bay, in 

the vicinity of the St. Petersburg 

Municipal Yacht Basin, St. Petersburg, 

Florida, during the Firestone Grand Prix 

of St. Petersburg. The temporary safety 

zone is needed to protect the safety of 

race participants, spectators, and vessels 

on the surrounding waterway during the 

race. Persons and vessels are prohibited 

from entering, transiting through, 

anchoring in, or remaining within the 

regulated area unless authorized by the 

Captain of the Port St. Petersburg or a 

designated representative. 

DATES: This rule is effective from 6:00 

a.m. on Feburary 25, 2022, through 

10:00 p.m. on February 27, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0075 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Marine Science Technician 

Second Class Regina Cuevas, Sector St. 

Petersburg Prevention Department, 

Coast Guard; telephone (813) 228–2191, 

email Regina.L.Cuevas@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. The Coast Guard received 

information regarding the need for a 

safety zone on February 2, 2022. 

Insufficient time remains to publish a 

NPRM and to receive public comments, 

as the event will occur before the 

rulemaking process would be 

completed. Because of the potential 

safety hazards associated with the race, 

the regulations is necessary to provide 

for the safety of race participants, 

spectators, and other vessels navigating 

the surrounding waterways. For those 

reasons, it would be impracticable to 

publish an NPRM. 

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. For the reasons discussed 

above, the Coast Guard finds that good 

cause exists. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port St. Petersburg has 

determined that potential hazards 

associated with the Firestone Grand Prix 

of St. Petersburg race, will be a safety 

concern for race participants, spectators, 

and vessels. This rule is needed to 

ensure the safety of vessels and persons 

within the navigable waters of the safety 

zone, during the race event. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 6 a.m. until 10 p.m., daily on 

February 25, 2022, through February 27, 

2022. The safety zone will cover all 

navigable waters within a specified area 

of Tampa Bay, in the vicinity of St. 

Petersburg, Florida. The duration of the 

zone is intended to ensure the safety of 

the public and these navigable waters 

during the race event. No vessel or 

person will be permitted to enter, transit 

through, anchor in, or remain within the 

safety zone without obtaining 

permission from the Captain of the Port 

St. Petersburg or a designated 

representative. 

Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated area by contacting the Captain 

of the Port 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 Captain 

of the Port St. Petersburg or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port St. Petersburg or a 

designated representative. The Coast 

Guard will provide notice of the safety 

zone by Local Notice to Mariners, 

Broadcast Notice to Mariners, and/or 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and scope of the safety zone. The safety 

zone will only be enforced for a limited 

period of time. This time period extends 

over the course of three days, during the 

Firestone Grand Prix of St. Petersburg 

race events. Although persons and 

vessels are prohibited to enter, transit 

through, anchor in, or remain within the 

regulated area, without authorization 

from the Captain of the Port St. 

Petersburg or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period. The Coast Guard 

will provide advance notification of the 

safety zone to the local maritime 

community by Local Notice to Mariners 

and/or 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 


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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Rules and Regulations 9449 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule would not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 

would 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 guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone that will prohibit persons and 

vessels from entering, transiting 

through, anchoring in, or remaining 

within the regulated area during a three 

day high speed grand prix race event. It 

is categorically excluded from further 

review under paragraph L60(a) Table 3– 

1 of U.S. Coast Guard Environmental 

Planning Implementing Procedures. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T07–0075 to read as 

follows: 

§ 165.T07–0075 Safety Zone; Firestone 

Grand Prix of St. Petersburg, St. 

Petersburg, FL. 

(a) Regulated area. The following area 

is established as a safety zone. All 

waters of the Gulf of Mexico 

encompassed within the following 

points: 27°46′18′′ N, 082°37′55.2′′ W, 

thence to position 27°46′18′′ N, 

082°37′54.6′′ W, thence to position 

27°46′9.6′′ N, 082°37′54.6′′ W, thence to 

position 27°46′9.6′′ N, 082°37′33′′ W, 

thence to position 27°46′4.2′′ N, 

082°37′33′′ W, thence to position 

27°45′59.4′′ N, 082°37′50.4′′ W, thence to 

position 27°46′6.6′′ N, 082°37′56.4′′ W, 

thence to position 27°46′13.8′′ N, 

082°37′55.8′′ W, thence back to the 

original position 27°46′18′′ N, 

082°37′55.2′′ W. All coordinates are 

North American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port St. Petersburg in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port St. Petersburg or a designated 

representative. 

(2) Designated representatives may 

control vessel traffic throughout the 

enforcement area as determined by the 

prevailing conditions. 

(3) Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated areas by contacting the 


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Captain of the Port St. Petersburg by 

telephone at (727) 824–7506, or a 

designated representative via VHF radio 

on channel 16. If authorization is 

granted by the Captain of the Port St. 

Petersburg or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port St. Petersburg or a 

designated representative. 

(d) Enforcement period. This section 

will be enforced daily from 6 a.m. until 

10 p.m., on February 25, 2022, through 

February 27, 2022. 

Dated: February 15, 2022. 

Matthew A. Thompson, 

Captain, U.S. Coast Guard, Captain of the 

Port Saint Petersburg. 

[FR Doc. 2022–03707 Filed 2–18–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0094] 

RIN 1625–AA00 

Safety Zone; Atlantic Ocean, Cape 

Lookout, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Atlantic 

Ocean near Cape Lookout, North 

Carolina. This temporary safety zone 

restricts vessel traffic in a portion of the 

Atlantic Ocean while crews continue to 

search a plane crash area. This action 

restricts vessel traffic to protect 

mariners, vessels, and dive crews from 

the hazards associated with the work or 

surveying a plane crash site. Entry of 

vessels or persons into this safety zone 

is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) North Carolina or a designated 

representative. 

DATES: This rule is effective without 

actual notice from February 22, 2022, 

until March 1, 2022. For the purposes of 

enforcement, actual notice will be used 

from February 15, 2022, until February 

22, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0094 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Ken Farah, 

Waterways Management Division, U.S. 

Coast Guard; telephone 910–772–2221, 

email ncmarineevents@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background 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 provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it 

would be impracticable and contrary to 

the public interest. The Coast Guard was 

unable to publish an NPRM and hold a 

reasonable comment period for this 

rulemaking due to the emergent nature 

of the recovery operations and required 

publication of this rule. Immediate 

action is needed to protect persons and 

vessels from the hazards associated with 

carrying out operations to recover the 

downed aircraft and survey the area for 

debris. It is impracticable and contrary 

to the public interest to publish an 

NPRM because a final rule needs to be 

in place by February 15, 2022. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date of this rule 

would be impracticable and contrary to 

the public interest for the reasons 

discussed above, immediate action is 

needed to protect persons, property, 

vessels, and the marine environment on 

the navigable waters of the Atlantic 

Ocean near Cape Lookout in North 

Carolina. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port North Carolina 

(COTP) has determined potential 

hazards associated with operations 

during recovery work on the site of a 

plane crash. Work on this site is starting 

February 15, 2022, and ongoing. This 

work is a safety concern for anyone 

transiting the designated recovery area 

of the Atlantic Ocean and Cape Lookout, 

NC, because the site work will involve 

persons in the water. This rule is 

necessary to protect persons, vessels, 

and participants from the hazards 

associated with the recovery efforts. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from on February 15, 2022, through 

March 1, 2022. The safety zone will be 

enforced from 7 a.m. through 7 p.m. 

each day the rule is in effect. The safety 

zone will include all navigable waters of 

the Atlantic Ocean within a 1,000 yard 

radius of position 34–48.81 N by 076– 

17.23 W. The duration of this zone is 

intended to protect persons, property, 

vessels, and the marine environment on 

the navigable waters of the Atlantic 

Ocean during the recovery efforts of at 

downed aircraft. No vessel or person 

will be permitted to enter the safety 

zone unless specifically authorized by 

the Captain of the Port North Carolina 

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 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the emergent nature of this 

event and limited impact to the public. 

The safety zone is in an area where 

there is ample space to pass around this 

area. Moreover, the Coast Guard will 

issue a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

zone, and the rule will allow vessels to 

seek permission to pass through the 

zone if necessary. 


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