[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Rules and Regulations]
[Pages 14381-14383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2748]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP St. Petersburg 06-034]
RIN 1625-AA00
Safety Zone for St Petersburg; Tampa Bay, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters within Tampa Bay, Florida in the vicinity of the St Petersburg
Municipal Yacht Basin. The safety zone is needed to ensure the safety
of all mariners during the St Petersburg Grand Prix. This rule is
necessary to provide for the safety of life on the navigable waters of
the United States.
DATES: This rule is effective from 9 a.m. on March 30, 2006, through 8
p.m. on April 2, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP St. Petersburg 06-034] and are
available for inspection or copying at Coast Guard Sector St
Petersburg, Prevention Department, 155 Columbia Drive, Tampa, Florida
33606-3598 between 7:30 a.m. and 3:30 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BM1 Charles Voss at Coast Guard Sector
St. Petersburg, Prevention Department, (813) 228-2191, Ext. 8307.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The
[[Page 14382]]
necessary details for the race and the location of the safety zone
surrounding it were not provided with sufficient time remaining to
publish an NPRM. Publishing an NPRM and delaying its effective date
would be contrary to the public interest since immediate action is
needed to minimize potential danger to the public and participants
during the auto race. The Coast Guard will issue a broadcast notice to
mariners to advise mariners of the restriction along with Coast Guard
assets on scene who will also provide notice of the safety zone to
mariners.
For the same reasons, 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.
Background and Purpose
The City of St. Petersburg and Honda Motor Company are sponsoring
the St. Petersburg Grand Prix auto race from March 30, 2006 through
April 2, 2006. Portions of the race course run adjacent to the St
Petersburg Municipal Yacht Basin. The nature of high speed automobiles
in the close proximity to the waterway presents a hazard to mariners
and rescue personnel in the area. Honda Motor Company has taken extreme
measures to ensure safety of all involved; 15 foot high concrete and
steel walls have been erected to minimize the risk of automobiles
entering the water. However, should an accident occur rescue personnel
will need unrestricted access to the wreckage. In past events there
have been a high number of vessels anchored in close proximity to the
seawall to view the event, that could have impeded rescue operations.
This safety zone is being established to make certain that the area
near the seawall remains clear of spectator vessels, thus ensuring the
safety of life in the navigable waters of the United States during this
event.
Discussion of Rule
The safety zone encompasses waters within Tampa Bay, Florida in the
vicinity of the St Petersburg Municipal Yacht Basin. Vessels are
prohibited from anchoring, mooring, or transiting within this zone,
unless authorized by the Captain of the Port or his designated
representative. This zone is effective from 9 a.m. on March 30, 2006,
through 8 p.m. on April 2, 2006.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). The Coast Guard expects the impact of this rule to be
so minimal that a full Regulatory Evaluation under the regulatory
policies and procedures of DHS is unnecessary because the safety zone
will only be in effect for a limited period of time. Moreover, vessels
may enter with the express permission of the Captain of the Port of St
Petersburg or his designated representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit Tampa Bay near St Petersburg Municipal Yacht Basin, Florida
from 9 a.m. on March 30, 2006, through 8 p.m. on April 2, 2006. This
safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for a limited period of time in an area where
vessel traffic is extremely low. Additionally, vessel traffic may be
allowed to enter the safety zone with the expressed permission of the
Captain of the Port of St Petersburg or his designated representative.
Assistance for Small Entities
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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
[[Page 14383]]
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. An ``Environmental Analysis Check List''
and a ``Categorical Exclusion Determination'' are not required for this
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. A new temporary section 165.T07-034 is added to read as follows:
Sec. 165.T07-034 Safety Zone; Tampa Bay Florida.
(a) Regulated Area. The Coast Guard is establishing a temporary
safety zone on the waters of Tampa Bay, Florida in the vicinity of the
St. Petersburg Municipal Yacht Basin within approximately 100 feet of
the sea wall. This encompasses all waters between the seawall and an
imaginary line drawn from the following positions. (All coordinates
referenced use datum: NAD 83):
27[deg]46'05'' N., 082[deg]37'33'' W.
27[deg]46'01'' N., 082[deg]37'46'' W.
27[deg]46'03'' N., 082[deg]37'50'' W.
27[deg]46'06'' N., 082[deg]37'54'' W.
27[deg]46'17'' N., 082[deg]37'54'' W.
(b) Definitions. The following definition applies to this section:
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 (COTP), Coast Guard
Sector St. Petersburg, in the enforcement of the safety zone.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this regulated area is prohibited
to all vessels and persons without the prior permission of the Coast
Guard Captain of the Port St. Petersburg or his designated
representative.
(d) Enforcement Period. This rule will be enforced on March 30,
2006 from 12 p.m. to 6 p.m. and on March 31, 2006 through April 2, 2006
from 8 a.m. to 6 p.m. daily.
(e) Dates. This rule is effective from 9 a.m. on March 30, 2006,
through 8 p.m. on April 2, 2006.
Dated: February 23, 2006.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg,
Florida.
[FR Doc. 06-2748 Filed 3-21-06; 8:45 am]
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