[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Rules and Regulations]
[Pages 24339-24340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11564]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP TAMPA-97-022]
RIN 2115-AA97


Safety Zone Regulations; Tampa Bay, Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone from 
27-52.05N, 082-35.06W for the South Gandy Channel Marker R2 to include 
the entire width of subject channel to 27-52.06N, 082-35.00W for the 
South Gandy Channel Marker G4. Another boundary line extending from 
South Gandy Channel Marker G4 to 27-51.08N, 082-32.08W for the northern 
edge of Picnic Island and a boundary line extending from 27-50.08N, 
082-33.03W for the southern edge of Picnic Island returning to 27-
52.05N, 082-35.06W for the South Gandy Channel Marker R2. This 
temporary safety zone has been established to facilitate the Tampa Bay 
Open Water Challenge 5k Swim. The temporary safety zone is necessary to 
protect race participants from vessel traffic that could result in 
injury to race participants. All vessels are prohibited from transiting 
the prescribed safety zone unless specifically authorized by the 
Captain of the Port Tampa, Florida.

DATES: These regulations become effective at 9 a.m. and terminate at 1 
p.m. Eastern Daylight Savings Time (EDT) on May 10, 1997.

FOR FURTHER INFORMATION CONTACT: Lieutenant David Murk, Coast Guard 
Marine Safety Office Tampa at (813) 228-2189.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    Tampa Baywatch and Clearwater Aquatics Team are sponsoring the 
first of its kind 2.5 mile open water swimming race form Gandy Beach in 
Pinellas County to Picnic Island in Hillsborough County. The race 
participants will be transiting across the established safety zone 
between 27-52.05N, 082-35.06W for the South Gandy Channel Marker R2 to 
include the entire width of subject channel to 27-52.06N, 082-35.00W 
for the South Gandy Channel Marker G4. Another boundary line extending 
from South Gandy Channel Marker G4 to 27-51.08N, 082-32.08W for the 
northern edge of Picnic Island and a boundary line extending from 27-
50.08N, 082-33.03W for the southern edge of Picnic Island returning to 
27-52.05N, 082-35.06W for the South Gandy Channel Marker R2. The event 
is expected to last approximately 4 hours.
    In accordance with 5 U.S.C. 553, a notice for proposed rulemaking 
has not been published for this regulation and good cause exists for 
making it effective in less than 30 days from the date of publication. 
Publishing a NPRM and delaying its effective date would be contrary to 
national safety interests since immediate action is needed to protect 
the race participants from injury associated with swimming events 
within Tampa Bay.

Regulatory Evaluation

    This regulation is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this regulation to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary. Entry into the area is prohibited 
for approximately 4 hours.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 602 et seq.), the 
Coast Guard must consider whether this regulation will have a 
significant economic impact on a substantial number of small entities. 
``Small Entities'' include

[[Page 24340]]

independently owned and operated businesses that are not dominant in 
their field and that otherwise qualify as ``small business concerns'' 
under section 3 of the Small Business Act (15 U.S.C. 632).
    The Coast Guard certifies under section 605(b) of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.), that this rule will not have a 
significant economic impact on a substantial number of small entities, 
because the regulations will only be in effect for a total of four 
hours in a limited area.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this regulation under the principles 
and criteria of Executive Order 12612 and has determined that it does 
not raise sufficient federalism implications to warrant the preparation 
of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action and has determined pursuant to section 2.B.2.e(34)(h) of 
Commandant Instruction M16475.1B, that this action is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Temporary Final Regulations

    In consideration of the foregoing, the Coast Guard amends Part 165 
of Title 33, Code of Federal Regulations, as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C.191; and 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; and 49 CFR 1.46.
    2. A new temporary section 165.T07-022 is added to read as follows:


Sec. 165.T07-022  Safety Zone; Tampa Bay, Florida.

    (a) Location. Tampa Bay within the boundaries of a line beginning 
at 27-52.05N, 082-35.06W for the South Gandy Channel Marker R2 to 
include the entire width of subject channel to 27-52.06N, 082-35.00W 
for the South Gandy Channel Marker G4. Another boundry line extending 
from South Gandy Channel Marker G4 to 27-51.08N, 082-32.08W for the 
northern edge of Picnic Island and a boundry line extending from 27-
50.08N, 082-33.03W for the southern edge of Picnic Island returning to 
27-52.05N, 082-35.06W for the South Gandy Channel Marker R2. All 
coordinates referenced use Datum: NAD 83.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec. 165.23, entry into this zone is prohibited except as authorized by 
the Captain of the Port.
    (2) This section does not apply to authorized law enforcement or 
search and rescue vessels operating within the safety zone.
    (3) The Captain of the Port Tampa, Florida will issue a Marine 
Safety Information Broadcast Notice to Mariners to notify the maritime 
community of the safety zone and the restrictions imposed.
    (c) Effective date. This section becomes effective at 9 a.m. and 
terminates at 1 p.m. EDT on May 10, 1997.

    Dated: April 24, 1997.
B. G. Basel,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 97-11564 Filed 5-2-97; 8:45 am]
BILLING CODE 4910-14-M