[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Proposed Rules]
[Pages 55409-55412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21984]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0650]
RIN 1625-AA00


Safety Zone; Old Port Tampa Exercise 2014, Tampa Bay, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish temporary safety zones 
on the waters of Tampa Bay, Florida during Old Port Tampa Exercise 
2014. The exercise is scheduled to take place on November 4, 2014. The 
proposed safety zone is necessary to protect the public from the 
hazards associated with environmental response operations occurring 
during the exercise. Persons and vessels will be prohibited from 
entering, transiting through, anchoring in, or remaining within the 
safety zone unless authorized by the Captain of the Port St. Petersburg 
or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 16, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is (202) 366-9329. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for further instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Brett Sillman, Sector St. 
Petersburg Waterways Management Branch, U.S. Coast Guard; telephone 
(813) 228-2191, email [email protected]. If you have questions 
on viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a

[[Page 55410]]

mailing address, an email address, or a telephone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2014-0650 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2014-0650 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Old Port Tampa Exercise 2014 is a one-time, unique event. 
Therefore, temporary safety zones are more conducive than establishing 
a permanent regulation.

C. Basis and Purpose

    The legal basis for this proposed rule is the Coast Guard's 
authority to establish safety zones: 33 U.S.C. 1225, 1231; 33 CFR 1.05-
1, 6.04-1, 160.5; Department of Homeland Security Delegation No. 
0170.1.
    The purpose of the regulation is to provide for the safety of life 
on the navigable waters in the Captain of the Port St. Petersburg Zone 
during the Old Port Tampa Exercise 2014 while oil spill response 
operations are being conducted.

D. Discussion of Proposed Rule

    The Coast Guard will be conducting an oil spill response equipment 
deployment exercise in Tampa Bay for the purpose of testing deployment 
techniques, procedures, and accuracy of the Geographical Response Plan 
oil spill boom deployment recommendations. The areas are: (1) Directly 
off of the Picnic Island boat ramp, (2) directly south of Picnic 
Island, and (3) north of Picnic Island. Equipment deployment vessels 
will avoid impacting commercial traffic and will coordinate with the 
Cooperative Vessel Traffic Service to operate while no commercial 
traffic is expected to transit near the operational area. The nature of 
the exercise and accompanying equipment pose a potential danger to 
mariners. The Coast Guard is proposing these safety zones to protect 
mariners on the navigable waters of the United States. The Coast Guard 
Sector St. Petersburg will give notice of the safety zones by issuing a 
Broadcast Notice to Mariners, and by placing Coast Guard vessels on-
scene.
    The proposed safety zones will encompass all waters within the 
following three areas.
    1. Area 1--all waters within the following: 27[deg]52'18'' N 
082[deg]33'02'' W, 27[deg]52'11'' N 082[deg]32'48'' W, 27[deg]51'46'' N 
082[deg]33'06'' W, 27[deg]51'55'' N 082[deg]33'21'' W.
    2. Area 2--all waters within the following: 27[deg]51'30'' N 
082[deg]33'10'' W, 27[deg]51'30'' N 082[deg]33'08'' W, 27[deg]51'29'' N 
082[deg]33'08'' W, 27[deg]51'28'' N 082[deg]33'10'' W.
    3. Area 3--all waters within the following: 27[deg]50'51'' N 
082[deg]33'39'' W, 27[deg]50'51'' N 082[deg]33'06'' W, 27[deg]50'29'' N 
082[deg]32'43'' W, 27[deg]50'14'' N 082[deg]33'10'' W.
    The proposed safety zones will be enforced only while Coast Guard 
and environmental response vessels are on-scene during actual equipment 
deployment operations of the exercise. Vessels will be prohibited from 
anchoring, mooring, or transiting within the zones unless authorized by 
the Captain of the Port St. Petersburg or a designated representative.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    This regulation is not a significant regulatory action because this 
proposed rule establishes safety zones in areas with minimum commercial 
and recreational traffic.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    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 proposed 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

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listed in the FOR FURTHER INFORMATION CONTACT section above. The Coast 
Guard will not retaliate against small entities that question or 
complain about this proposed rule or any policy or action of the Coast 
Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.

6. 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.

7. 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 proposed rule would not 
result in such expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination 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 proposed rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A preliminary environmental 
analysis checklist supporting this determination is 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 proposed rule.

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; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 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 temporary section 165.T07-0650 is added to read as follows:


Sec.  165.T07-0650  Safety Zone; Old Port Tampa Exercise 2014, Tampa 
Bay, FL.

    (a) Regulated area. The safety zone will encompass all waters 
within the following three areas.
    (1) Area 1--all waters within the following: 27[deg]52'18'' N 
082[deg]33'02'' W, 27[deg]52'11'' N 082[deg]32'48'' W, 27[deg]51'46'' N 
082[deg]33'06'' W, 27[deg]51'55'' N 082[deg]33'21'' W. All coordinates 
referenced use datum: NAD 83.
    (2) Area 2--all waters within the following: 27[deg]51'30'' N 
082[deg]33'10'' W, 27[deg]51'30'' N 082[deg]33'08'' W, 27[deg]51'29'' N 
082[deg]33'08'' W, 27[deg]51'28'' N 082[deg]33'10'' W. All coordinates 
referenced use datum: NAD 83.
    (3) Area 3--all waters within the following: 27[deg]50'51'' N 
082[deg]33'39'' W, 27[deg]50'51'' N 082[deg]33'06'' W, 27[deg]50'29'' N 
082[deg]32'43'' W, 27[deg]50'14'' N 082[deg]33'10'' W. All coordinates 
referenced use datum: NAD 83.
    (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, St. Petersburg, 
Florida, in the enforcement of regulated navigation areas and safety 
and security zones.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, no person or vessel may anchor, moor or 
transit the safety zone without the prior permission of the Captain of 
the Port St. Petersburg, Florida, or a designated representative. Coast 
Guard Sector St. Petersburg will give notice of the enforcement of the 
safety zone by issuing a Broadcast Notice to Mariners and placing a 
Coast Guard vessel on-scene. Captain of the Port St. Petersburg or a 
designated representative may be contacted on VHF channel 16.

[[Page 55412]]

    (d) Dates. The regulation will be effective on November 4, 2014 and 
will be enforced during the exercise when equipment deployment 
operations are underway.

    Dated: September 5, 2014.
G. D. Case,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2014-21984 Filed 9-15-14; 8:45 am]
BILLING CODE 9110-04-P