[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Rules and Regulations]
[Pages 71693-71695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29347]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0989]
RIN 1625-AA00
Safety Zone; Unexploded Ordnance Detonation; Passage Key, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone within
a 2000-ft radius of an ordnance detonation area. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by the unexploded ordnance detonation. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port St. Petersburg.
DATES: This rule is effective without actual notice from November 17,
2015 through December 18, 2015. For the purposes of enforcement, actual
notice will be used from November 6, 2015 through November 17, 2015.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0989 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 Boatswain's Mate First Class Tyrone J. Stafford, Sector
St. Petersburg Prevention Department, Coast Guard; telephone (813) 228-
2191 ext. 8307, email [email protected].
[[Page 71694]]
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 the Coast Guard was not aware of the
ordinance removal operation or details needed to implement a safety
zone in time to publish an NPRM and to receive public comments. It is
impracticable and contrary to the public interest to publish an NPRM
because we must establish this safety zone by November 06, 2015 to
ensure the protection of personnel, vessels, and the marine environment
from potential hazards created by the unexploded ordnance detonation.
We are issuing this temporary final 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
for the same reasons discussed above. The need for this safety zone has
been deemed necessary as the detonation of unexploded ordnance will
occur during the dates specified in this document.
The purpose of this event is to clear any unexploded ordnance from
a former gunnery training site. The Passage Key Air-to Ground Gunnery
Range area was formerly used for arial training during World War II.
The U.S. Army Corps of Engineers USACE will search for and destroy any
ordinance found in the vicinity of Passage Key with controlled
explosives. The safety zone will incorporate a 2000-ft buffer area
outside of the investigation and detonation area. The U.S. USACE will
be responsible for the detonation of ordnance within the specified
area.
III. Legal Authority and Need for Rule
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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5;
Department of Homeland Security Delegation No. 0170.1.
The purpose of this rule is to protect the personnel, vessels, and
the marine environment in the navigable waters within the safety zone.
IV. Discussion of the Rule
This rule establishes a safety zone from November 06, 2015 through
December 18, 2015. The safety zone will include waters within a 2000-ft
radius of the unexploded ordnance detonation zone around the Passage
Key Air-to-Ground Gunnery Range located in Manatee County, FL,
identified by several law enforcement vessels showing flashing blue
lights. All persons and vessels are prohibited from entering or
remaining in the safety zone unless authorized by the Captain of the
Port St. Petersburg or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around the safety zone. The safety zone
will only be enforced for a total of 36 days between the hours of 6
a.m. and 6 p.m., in a location where commercial vessel traffic is
expected to be minimal. Commercial vessel traffic may transit the
safety zone to the extent compatible with public safety if authorized
by the Captain of the Port or designated representatives. The Coast
Guard will provide advance notification of the safety zone to the local
community by a Local 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 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, 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 E.O. 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 E.O. 13132.
[[Page 71695]]
Also, this rule does not have tribal implications under E.O. 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 will not result in
such 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
Management Directive 023-01 and Commandant Instruction M16475.1D, 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 a safety zone lasting no more than 36 days. It will
prohibit entry within all navigable waters within a 2000-ft radius of
an unexploded ordnance detonation zone identified by law enforcement
vessels showing flashing blue lights in the vicinity of Passage Key
Air-to-Ground Gunnery Range located in Manatee County, FL. It is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T07-0989 to read as follows:
Sec. 165.T07-0989 Safety Zone; Unexploded Ordnance Detonation;
Passage Key, FL.
(a) Regulated areas. The following regulated area is a safety zone;
all waters within a 2000-ft radius of the unexploded ordnance
detonation zone around the Passage Key Air-to-Ground Gunnery Range
located in Manatee County, FL, identified by several law enforcement
vessels showing flashing blue lights.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard boat coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officials designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
areas.
(c) Enforcement period. This rule is effective without actual
notice from November 17, 2015 through December 18, 2015. For purposes
of enforcement, actual notice will be used from November 6, 2015
through November 17, 2015.
(d) Regulations. (1) All persons and vessels desiring to enter or
remain within the regulated area may contact the Captain of the Port
St. Petersburg by telephone at (727) 824-7524, or a designated
representative via VHF radio on channel 16, to request authorization.
(2) If authorization to enter 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. Recreational vessels
authorized to enter the regulated area may be subject to boarding and
inspection of the vessel and persons onboard.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, and/or on-scene designated representatives.
Dated: November 10, 2015.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg.
[FR Doc. 2015-29347 Filed 11-16-15; 8:45 am]
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