[Federal Register Volume 65, Number 61 (Wednesday, March 29, 2000)]
[Rules and Regulations]
[Pages 16522-16523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7750]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Tampa 00-016]
RIN 2115-AA97


Safety Zone Regulations: Saint Pete Beach, FL

AGENCY: Coast Guard, DOT

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
closing the waters of Blind Pass, Pinellas County, Florida. The zone 
will be placed into effect and terminated at different times by a 
broadcast notice to mariners to protect recovery personnel and vessels 
in the vicinity of pollution response operations. Entry into this zone 
is prohibited unless authorized by the Captain of the Port.

DATES: This regulation becomes effective at 9 a.m., on March 9, 2000 
through 9 a.m., on May 1, 2000.

FOR FURTHER INFORMATION CONTACT: Commanding Officer, Marine Safety 
Office Tampa, 155 Columbia Drive, Tampa, Florida 33606, Attention: 
Lieutenant Warren Weedon, or phone (813) 228-2189 ext 101.

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) and 553(d)(3), the Coast Guard 
finds that good cause exists for not publishing an NPRM and making 
these regulations effective less than 30 days after the Federal 
Register publication. Publishing a Notice of Proposed Rulemaking and 
delaying the effective date would be contrary to national safety 
interests since immediate action is needed to minimize potential danger 
to the public as the updated information concerning the channel 
blockage was received only one day prior.

Background and Purpose

    A permit was granted by the U. S. Army Corp of Engineers to conduct 
dredging operations in Blind Pass. During the dredging operations it 
was determined that some oil was buried in the pass. The Coast Guard is 
now conducting oil recovery operations and has determined that a safety 
zone is needed to ensure the safety of personnel engaged in recovery 
operations. The Coast Guard is establishing a temporary safety zone 
closing the waters of Blind Pass, Pinellas County, Florida. The zone 
will be placed into effect and terminated at different times by a 
broadcast notice to mariners to protect recovery personnel and vessels 
in the vicinity of pollution response operations. Entry into this zone 
is prohibited unless authorized by the Captain of the Port.

Regulatory Evaluation

    This rule 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 the 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 
proposal to be so minimal that a full regulatory evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This regulation will only be in effect in a limited area 
of Saint Pete Beach.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612 et seq.), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``Small 
entities'' comprises small businesses and not for profit organizations 
that are independently owned and operated and are not dominant in their 
field 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 as the regulations will only be in effect in a limited area of 
Saint Pete Beach.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-221), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees of the Coast Guard. 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 contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531--1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking disproportionately affect children.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

[[Page 16523]]

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or safety that may disproportionately affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
action and has determined under figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1C, that this rule is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and Record 
keeping requirements, Safety measures, Waterways.

    Temporary Regulations: In consideration of the foregoing, the Coast 
Guard amends Subpart C of 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; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.5.

    2. Temporary Sec. 165.T07-016 is added to read as follows:


Sec. 165.T07-016  Safety Zone; Tampa Bay, Florida

    (a) Regulated area. A temporary fixed safety zone is established 
closing the entrance to Blind Pass, Saint Pete Beach, Florida from a 
line drawn across Blind Pass between Treasure Island and Long Key as 
defined by COLREGS Demarcation Line, 33 CFR 80.753 (a), to a line drawn 
500 yards north, again crossing Blind Pass channel, during periods when 
oil spill recovery operations are being conducted in Blind Pass 
Channel.
    (b) Periods of closure. The COTP will notify the maritime community 
and local agencies of periods when the safety zone is in effect by 
providing notice via telephone and/or Broadcast Notice to Mariners.
    (c) Regulations. In accordance with the general regulations in 
165.23 of this part, entry into this zone is prohibited to all vessels 
without the prior permission of the Coast Guard Captain of the Port.
    (d) Dates. These regulations will remain in effect from between 9 
a.m. on March 9, 2000, through 9 a.m. on May 1, 2000.

    Dated: March 9, 2000.
D.M. Smith,
Commander, U.S. Coast Guard, Acting Captain of the Port, Tampa, 
Florida.
[FR Doc. 00-7750 Filed 3-28-00; 8:45 am]
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