[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Rules and Regulations]
[Pages 30634-30635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10588]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP TAMPA 05-062]
RIN 1625-AA00


Safety Zone; 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, including Sparkman Channel, Garrison 
Channel (east of the Beneficial Bridge), Ybor Turning Basin, and Ybor 
Channel. The safety zone is needed to ensure the safety of all mariners 
from hazards associated with a fireworks display. Entry into this zone 
is prohibited to all vessels and persons without the prior permission 
of the Coast Guard Captain of the Port Tampa or designated 
representative.

DATES: This rule is effective from 8:30 p.m. until 9:20 p.m. on May 29, 
2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP TAMPA 05-062] and are available for 
inspection or copying at Marine Safety Office Tampa, 155 Columbia 
Drive, Tampa, Florida 33606-3598 between 7:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer 
Andrew at Marine Safety Office Tampa (813) 228-2191 Ext. 8203.

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 necessary details for the 
final date of the fireworks demonstration 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 during the 
fireworks demonstration. The Coast Guard will issue a broadcast notice 
to mariners to advise mariners of the restriction.
    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

    Downtown Tampa Attractions Association is scheduled to conduct a 
fireworks display on May 29, 2005, in Tampa Bay, Florida. This safety 
zone is being established to ensure the safety of life during the 
event, as the public is invited to attend the fireworks display, and 
falling debris may present a danger to life and property.

Discussion of Rule

    The safety zone encompasses the following waters within Tampa Bay: 
Sparkman Channel, Garrison Channel (east of the Beneficial Bridge), 
Ybor Turning Basin, and Ybor Channel. Vessels are prohibited from 
anchoring, mooring, or transiting within this zone, unless authorized 
by the Captain of the Port Tampa or designated representative. The zone 
is effective from 8:30 p.m. until 9:20 p.m. on May 29, 2005.

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 be in effect for only 50 minuets during a time when vessel traffic 
is limited. Moreover, vessels may enter the zone with the express 
permission of the Captain of the Port Tampa or 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 will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit Sparkman Channel, Garrison Channel (east of the Beneficial 
Bridge), Ybor Turning Basin, and Ybor Channel from 8:30 p.m. until 9:20 
p.m. on May 29, 2005. 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 only 50 minutes late 
in the evening when vessel traffic is extremely low. Additionally, 
traffic will be allowed to enter the zone with the permission of the 
Coast Guard Captain of the Port Tampa or designated representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can 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.
    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).

[[Page 30635]]

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 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. This rule is a safety zone and therefore 
fits the category described in paragraph (34)(g). Under figure 2-1, 
paragraph (34)(g), of the Instruction, 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, 195; 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. Add Sec.  165.T07-147 to read as follows:


Sec.  165.T07-147  Safety Zone; Tampa Bay, Florida.

    (a) Regulated area. The following area is a safety zone: The waters 
of Garrison Channel east of an imaginary line connecting point 1: 
27[deg]56'32'' N, 082[deg]27'58'' W; south to point 2: 27[deg]56'27'' 
N, 082[deg]27'58'' W; and including Ybor Turning Basin, Ybor Channel, 
and all waters in Sparkman Channel north of an imaginary line 
connecting point 3: 27[deg]55'32'' N, 082[deg]26'55'' W, east to point 
4: 27[deg]55'32'' N, 082[deg]26'47'' W.
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited to all 
vessels and persons without the prior permission of the Coast Guard 
Captain of the Port Tampa or designated representative.
    (c) Date. This rule is effective from 8:30 p.m. until 9:20 p.m. on 
May 29, 2005.

    Dated: May 11, 2005.
J.M. Farley,
Captain, U.S. Coast Guard, Captain of the Port, Tampa, Florida.
[FR Doc. 05-10588 Filed 5-26-05; 8:45 am]
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