[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Rules and Regulations]
[Pages 14381-14383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2748]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP St. Petersburg 06-034]
RIN 1625-AA00


Safety Zone for St Petersburg; 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 in the vicinity of the St Petersburg 
Municipal Yacht Basin. The safety zone is needed to ensure the safety 
of all mariners during the St Petersburg Grand Prix. This rule is 
necessary to provide for the safety of life on the navigable waters of 
the United States.

DATES: This rule is effective from 9 a.m. on March 30, 2006, through 8 
p.m. on April 2, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP St. Petersburg 06-034] and are 
available for inspection or copying at Coast Guard Sector St 
Petersburg, Prevention Department, 155 Columbia Drive, Tampa, Florida 
33606-3598 between 7:30 a.m. and 3:30 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BM1 Charles Voss at Coast Guard Sector 
St. Petersburg, Prevention Department, (813) 228-2191, Ext. 8307.

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

[[Page 14382]]

necessary details for the race 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 and participants 
during the auto race. The Coast Guard will issue a broadcast notice to 
mariners to advise mariners of the restriction along with Coast Guard 
assets on scene who will also provide notice of the safety zone to 
mariners.
    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

    The City of St. Petersburg and Honda Motor Company are sponsoring 
the St. Petersburg Grand Prix auto race from March 30, 2006 through 
April 2, 2006. Portions of the race course run adjacent to the St 
Petersburg Municipal Yacht Basin. The nature of high speed automobiles 
in the close proximity to the waterway presents a hazard to mariners 
and rescue personnel in the area. Honda Motor Company has taken extreme 
measures to ensure safety of all involved; 15 foot high concrete and 
steel walls have been erected to minimize the risk of automobiles 
entering the water. However, should an accident occur rescue personnel 
will need unrestricted access to the wreckage. In past events there 
have been a high number of vessels anchored in close proximity to the 
seawall to view the event, that could have impeded rescue operations. 
This safety zone is being established to make certain that the area 
near the seawall remains clear of spectator vessels, thus ensuring the 
safety of life in the navigable waters of the United States during this 
event.

Discussion of Rule

    The safety zone encompasses waters within Tampa Bay, Florida in the 
vicinity of the St Petersburg Municipal Yacht Basin. Vessels are 
prohibited from anchoring, mooring, or transiting within this zone, 
unless authorized by the Captain of the Port or his designated 
representative. This zone is effective from 9 a.m. on March 30, 2006, 
through 8 p.m. on April 2, 2006.

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 only be in effect for a limited period of time. Moreover, vessels 
may enter with the express permission of the Captain of the Port of St 
Petersburg or his 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 may affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit Tampa Bay near St Petersburg Municipal Yacht Basin, Florida 
from 9 a.m. on March 30, 2006, through 8 p.m. on April 2, 2006. 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 a limited period of time in an area where 
vessel traffic is extremely low. Additionally, vessel traffic may be 
allowed to enter the safety zone with the expressed permission of the 
Captain of the Port of St Petersburg or his designated representative.

Assistance for Small Entities

    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 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

[[Page 14383]]

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. 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; 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. A new temporary section 165.T07-034 is added to read as follows:


Sec.  165.T07-034  Safety Zone; Tampa Bay Florida.

    (a) Regulated Area. The Coast Guard is establishing a temporary 
safety zone on the waters of Tampa Bay, Florida in the vicinity of the 
St. Petersburg Municipal Yacht Basin within approximately 100 feet of 
the sea wall. This encompasses all waters between the seawall and an 
imaginary line drawn from the following positions. (All coordinates 
referenced use datum: NAD 83):

27[deg]46'05'' N., 082[deg]37'33'' W.
27[deg]46'01'' N., 082[deg]37'46'' W.
27[deg]46'03'' N., 082[deg]37'50'' W.
27[deg]46'06'' N., 082[deg]37'54'' W.
27[deg]46'17'' N., 082[deg]37'54'' W.

    (b) Definitions. The following definition applies to this section:
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and Federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP), Coast Guard 
Sector St. Petersburg, in the enforcement of the safety zone.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this regulated area is prohibited 
to all vessels and persons without the prior permission of the Coast 
Guard Captain of the Port St. Petersburg or his designated 
representative.
    (d) Enforcement Period. This rule will be enforced on March 30, 
2006 from 12 p.m. to 6 p.m. and on March 31, 2006 through April 2, 2006 
from 8 a.m. to 6 p.m. daily.
    (e) Dates. This rule is effective from 9 a.m. on March 30, 2006, 
through 8 p.m. on April 2, 2006.

    Dated: February 23, 2006.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg, 
Florida.
[FR Doc. 06-2748 Filed 3-21-06; 8:45 am]
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