[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Rules and Regulations]
[Pages 74028-74030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29357]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-1013]
RIN 1625-AA00
Safety Zone; Reduced Visibility, Sector St. Petersburg Captain of
the Port Zone, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary safety zones for all
of Tampa Bay during periods of reduced visibility. The safety zones
will be enforced when visibility falls below one nautical mile. Tampa
Bay will be categorized into seven zones in order to close only the
affected areas of Tampa Bay. Heavy fog affects Tampa Bay an average of
22 days annually, mainly between the months of November through March.
These safety zones are necessary to protect commercial traffic from the
hazards resulting from reduced visibility. Entering, transiting within,
or transiting through this safety zone is prohibited unless authorized
by the Captain of the Port St. Petersburg or a designated
representative.
DATES: This rule is effective without actual notice from December 15,
2014 until March 31, 2015. For purposes of enforcement, actual notice
will be used from the date the rule was signed, November 26, 2014,
until December 15, 2014. The rule will be enforced when visibility is
reduced below one nautical mile in affected zones.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-1013. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Lieutenant Omar La Torre Reyes,
Sector St. Petersburg Prevention Department, Coast Guard; telephone
(813) 228-2191, email [email protected]. If you have questions
on viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
The Coast Guard is issuing this temporary final 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 Tampa Bay has recently experienced
periods of reduced visibility that present a hazard to vessels and
people in the port. In 1980, during a period of reduced visibility, the
MV Summit Venture allided with the Sunshine Skyway Bridge resulting in
the death of 35 people. This rule seeks to avoid such incidents by
prohibiting vessel movements when visibility is reduced to less than 1
nautical mile. Any delay in the effective date of this rule would be
contrary to public interest as immediate action is needed to protect
the public from hazards associated with reduced visibility.
For the same reason discussed above, 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.
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 1225, 1231; 33 CFR 1.05-1, 6.04-1; Department of Homeland
Security Delegation No. 0170.1.
B. Discussion of the Temporary Final Rule
The Coast Guard is establishing a temporary safety zone for all of
Tampa Bay for the purpose of closing Tampa Bay's navigable waterways or
sections of Tampa Bay's waterways when visibility is reduced below one
nautical mile due to fog and other inclement weather conditions.
Persons and vessels are prohibited from entering, transiting
through, anchoring in, or getting underway within the safety zone
unless authorized by the Captain of the Port St. Petersburg or a
designated representative. Persons and vessels desiring to enter,
transit within, transit through, or anchor in the safety zone may
contact the Captain of the Port St. Petersburg by telephone at (727)
824-7506, or a designated representative via VHF radio on channel 16,
to request authorization. If authorization to enter, transit through,
anchor in, or remain within the safety zone 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 Broadcast Notice to Mariners and on-scene designated
representatives.
C. 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 or executive orders.
[[Page 74029]]
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
This rule does not have a significant economic impact due to the
fact that the zones will only be in effect during the time period
necessary for visibility to improve to greater than one nautical mile.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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.
3. Assistance for Small Entities
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. 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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. 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 responsibilities
between the Federal Government and Indian Tribes.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Commandant Instruction. This rule involves establishing a temporary
safety zone.
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
[[Page 74030]]
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2. Add a temporary Sec. 165.T07-1013 to read as follows:
Sec. 165.T07-1013 Safety Zone; Reduced Visibility, Sector St.
Petersburg Captain of the Port Zone, FL
(a) Regulated Areas. When directed by the COTP, the following areas
are established as safety zones:
(1) Zone 1 (Interbay) means all navigable waters within a box
marked by the following coordinates: 27[deg]52'56'' N, 82[deg]29'44''
W; thence to 27[deg]52'50'' N, 82[deg]23'41'' W; thence to
27[deg]57'27'' N, 82[deg]23'50'' W thence to 27[deg]57'19'' N,
82[deg]29'39'' W. This encompasses all navigable waterways north of
Hillsborough Cut ``C'' Channel LB ``25'' (LLNR 23445) & ``26'' (LLNR
23450).
(2) Zone 2 (East Tampa/Big Bend) means all navigable waters within
a box marked by the following coordinates: 27[deg]52'50'' N,
82[deg]23'41'' W; thence to 27[deg]46'36'' N; 82[deg]24'04'' W; thence
to 27[deg]46'29'' N, 82[deg]31'21'' W; thence to 27[deg]52'59'' N,
82[deg]31'24'' W. This zone encompasses all navigable waterways between
Hillsborough Cut ``C'' Channel LB ``25'' (LLNR 23445) & ``26'' (LLNR
23450) to Cut ``6F'' (LLNR 22830) Channel.
(3) Zone 3 (Old Tampa Bay) means all navigable waters within a box
marked by the following coordinates: 27[deg]46'29'' N, 82[deg]31'21''
W; 28[deg]01'58'' N, 82[deg]31'39'' W; thence to 28[deg]02'01'' N,
82[deg]43'20'' W; thence to 27[deg]46'15'' N, 82[deg]43'24'' W. This
zone encompasses all navigable waterways between all of Old Tampa Bay
to Cut ``6F'' (LLNR 22830) Channel.
(4) Zone 4 (Middle Tampa Bay) means all navigable waters within a
box marked by the following coordinates: 27[deg]46'34'' N,
82[deg]34'04'' W; thence to 27[deg]38'40'' N, 82[deg]31'54'' W; thence
to 27[deg]44'38'' N, 82[deg]40'44'' W; thence to 27[deg]46'15'' N,
82[deg]40'46'' W. This zone encompasses all navigable waterways between
Cut ``6F'' (LLNR 22830) Channel to Tampa Bay ``1C'' (LLNR 22590).
(5) Zone 5 (Lower Tampa Bay/Manatee) means all navigable waters
within a box marked by the following coordinates: 27[deg]44'33'' N,
82[deg]40'37'' W; thence to 27[deg]58'59'' N, 82[deg]40'34'' W; thence
to 27[deg]36'18'' N, 82[deg]38'57'' W; thence to 27[deg]34'10'' N,
82[deg]34'50'' W; thence to 27[deg]37'56'' N, 82[deg]31'15'' W. This
zone encompasses all navigable waterways between Tampa Bay ``1C'' (LLNR
22590) to Sunshine Skyway Bridge.
(6) Zone 6 (Mullet Key) means all navigable waters within a box
marked by the following coordinates: 27[deg]38'59'' N, 82[deg]40'35''
W; thence to 27[deg]36'44'' N, 82[deg]44'13'' W; thence to
27[deg]32'20'' N, 82[deg]44'37'' W; thence to 27[deg]31'18'' N,
82[deg]38'59'' W; thence to 27[deg]34'09'' N, 82[deg]34'53'' W; thence
to 27[deg]36'15'' N, 82[deg]39'00'' W. This zone encompasses all
navigable waterways between the Sunshine Skyway Bridge to Mullet Key
Channel LB ``21'' (LLNR 22365) & ``22'' (LLNR 22370).
(7) Zone 7 (Egmont Entrance) means all navigable waters within the
area encompassed by the following coordinates: 27[deg]36'27'' N,
82[deg]44'14'' W; thence to 27[deg]39'46'' N, 82[deg]44'45'' W; thence
to 27[deg]39'36'' N, 83[deg]05'10'' W; thence to 27[deg]32'29'' N,
83[deg]04'50'' W; thence to 27[deg]32'21'' N, 82[deg]44'42'' W. This
zone includes the fairway anchorages.
(b) Definition. As used in this section:
Captain of the Port (COTP) for the purpose of this section means
the Commanding Officer of Coast Guard Sector St. Petersburg.
Captain of the Port St. Petersburg Zone as defined in 33 CFR 3.35-
35.
(c) Regulations. (1) Vessels shall not commence an inbound transit,
shift, or outbound transit when the safety zones are in effect for
visibility less than one nautical mile due to fog or inclement weather.
(2) The COTP may open or close Tampa Bay or specific zones
described in the regulated areas section of this chapter.
(3) The Coast Guard will provide notice of the regulated area via
Broadcast Notice to Mariners.
(d) Enforcement Date. This rule is effective from the date this
temporary final rule is signed by the Captain of the Port until March
31, 2015 and will be enforced when visibility is reduced to less than
one nautical mile.
Dated: November 26, 2014.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg.
[FR Doc. 2014-29357 Filed 12-12-14; 8:45 am]
BILLING CODE 9110-04-P