[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Rules and Regulations]
[Pages 74028-74030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29357]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-1013]
RIN 1625-AA00


Safety Zone; Reduced Visibility, Sector St. Petersburg Captain of 
the Port Zone, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary safety zones for all 
of Tampa Bay during periods of reduced visibility. The safety zones 
will be enforced when visibility falls below one nautical mile. Tampa 
Bay will be categorized into seven zones in order to close only the 
affected areas of Tampa Bay. Heavy fog affects Tampa Bay an average of 
22 days annually, mainly between the months of November through March. 
These safety zones are necessary to protect commercial traffic from the 
hazards resulting from reduced visibility. Entering, transiting within, 
or transiting through this safety zone is prohibited unless authorized 
by the Captain of the Port St. Petersburg or a designated 
representative.

DATES: This rule is effective without actual notice from December 15, 
2014 until March 31, 2015. For purposes of enforcement, actual notice 
will be used from the date the rule was signed, November 26, 2014, 
until December 15, 2014. The rule will be enforced when visibility is 
reduced below one nautical mile in affected zones.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-1013. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Lieutenant Omar La Torre Reyes, 
Sector St. Petersburg Prevention Department, 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. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because Tampa Bay has recently experienced 
periods of reduced visibility that present a hazard to vessels and 
people in the port. In 1980, during a period of reduced visibility, the 
MV Summit Venture allided with the Sunshine Skyway Bridge resulting in 
the death of 35 people. This rule seeks to avoid such incidents by 
prohibiting vessel movements when visibility is reduced to less than 1 
nautical mile. Any delay in the effective date of this rule would be 
contrary to public interest as immediate action is needed to protect 
the public from hazards associated with reduced visibility.
    For the same reason discussed above, 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.
    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and limited access areas: 33 
U.S.C. 1225, 1231; 33 CFR 1.05-1, 6.04-1; Department of Homeland 
Security Delegation No. 0170.1.

B. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary safety zone for all of 
Tampa Bay for the purpose of closing Tampa Bay's navigable waterways or 
sections of Tampa Bay's waterways when visibility is reduced below one 
nautical mile due to fog and other inclement weather conditions.
    Persons and vessels are prohibited from entering, transiting 
through, anchoring in, or getting underway within the safety zone 
unless authorized by the Captain of the Port St. Petersburg or a 
designated representative. Persons and vessels desiring to enter, 
transit within, transit through, or anchor in the safety zone may 
contact the Captain of the Port St. Petersburg by telephone at (727) 
824-7506, or a designated representative via VHF radio on channel 16, 
to request authorization. If authorization to enter, transit through, 
anchor in, or remain within the safety zone is granted by the Captain 
of the Port St. Petersburg or a designated representative, all persons 
and vessels receiving such authorization must comply with the 
instructions of the Captain of the Port St. Petersburg or a designated 
representative. The Coast Guard will provide notice of the safety zone 
by Broadcast Notice to Mariners and on-scene designated 
representatives.

C. Regulatory Analyses

    We developed this 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.

[[Page 74029]]

1. Regulatory Planning and Review

    This 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 rule does not have a significant economic impact due to the 
fact that the zones will only be in effect during the time period 
necessary for visibility to improve to greater than one nautical mile.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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.
    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 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 listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This 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 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 rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will 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 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

    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.

11. 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.

12. Energy Effects

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

14. Environment

    We have analyzed this 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 concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Commandant Instruction. This rule involves establishing a temporary 
safety zone.

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, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1.


[[Page 74030]]



0
2. Add a temporary Sec.  165.T07-1013 to read as follows:


Sec.  165.T07-1013  Safety Zone; Reduced Visibility, Sector St. 
Petersburg Captain of the Port Zone, FL

    (a) Regulated Areas. When directed by the COTP, the following areas 
are established as safety zones:
    (1) Zone 1 (Interbay) means all navigable waters within a box 
marked by the following coordinates: 27[deg]52'56'' N, 82[deg]29'44'' 
W; thence to 27[deg]52'50'' N, 82[deg]23'41'' W; thence to 
27[deg]57'27'' N, 82[deg]23'50'' W thence to 27[deg]57'19'' N, 
82[deg]29'39'' W. This encompasses all navigable waterways north of 
Hillsborough Cut ``C'' Channel LB ``25'' (LLNR 23445) & ``26'' (LLNR 
23450).
    (2) Zone 2 (East Tampa/Big Bend) means all navigable waters within 
a box marked by the following coordinates: 27[deg]52'50'' N, 
82[deg]23'41'' W; thence to 27[deg]46'36'' N; 82[deg]24'04'' W; thence 
to 27[deg]46'29'' N, 82[deg]31'21'' W; thence to 27[deg]52'59'' N, 
82[deg]31'24'' W. This zone encompasses all navigable waterways between 
Hillsborough Cut ``C'' Channel LB ``25'' (LLNR 23445) & ``26'' (LLNR 
23450) to Cut ``6F'' (LLNR 22830) Channel.
    (3) Zone 3 (Old Tampa Bay) means all navigable waters within a box 
marked by the following coordinates: 27[deg]46'29'' N, 82[deg]31'21'' 
W; 28[deg]01'58'' N, 82[deg]31'39'' W; thence to 28[deg]02'01'' N, 
82[deg]43'20'' W; thence to 27[deg]46'15'' N, 82[deg]43'24'' W. This 
zone encompasses all navigable waterways between all of Old Tampa Bay 
to Cut ``6F'' (LLNR 22830) Channel.
    (4) Zone 4 (Middle Tampa Bay) means all navigable waters within a 
box marked by the following coordinates: 27[deg]46'34'' N, 
82[deg]34'04'' W; thence to 27[deg]38'40'' N, 82[deg]31'54'' W; thence 
to 27[deg]44'38'' N, 82[deg]40'44'' W; thence to 27[deg]46'15'' N, 
82[deg]40'46'' W. This zone encompasses all navigable waterways between 
Cut ``6F'' (LLNR 22830) Channel to Tampa Bay ``1C'' (LLNR 22590).
    (5) Zone 5 (Lower Tampa Bay/Manatee) means all navigable waters 
within a box marked by the following coordinates: 27[deg]44'33'' N, 
82[deg]40'37'' W; thence to 27[deg]58'59'' N, 82[deg]40'34'' W; thence 
to 27[deg]36'18'' N, 82[deg]38'57'' W; thence to 27[deg]34'10'' N, 
82[deg]34'50'' W; thence to 27[deg]37'56'' N, 82[deg]31'15'' W. This 
zone encompasses all navigable waterways between Tampa Bay ``1C'' (LLNR 
22590) to Sunshine Skyway Bridge.
    (6) Zone 6 (Mullet Key) means all navigable waters within a box 
marked by the following coordinates: 27[deg]38'59'' N, 82[deg]40'35'' 
W; thence to 27[deg]36'44'' N, 82[deg]44'13'' W; thence to 
27[deg]32'20'' N, 82[deg]44'37'' W; thence to 27[deg]31'18'' N, 
82[deg]38'59'' W; thence to 27[deg]34'09'' N, 82[deg]34'53'' W; thence 
to 27[deg]36'15'' N, 82[deg]39'00'' W. This zone encompasses all 
navigable waterways between the Sunshine Skyway Bridge to Mullet Key 
Channel LB ``21'' (LLNR 22365) & ``22'' (LLNR 22370).
    (7) Zone 7 (Egmont Entrance) means all navigable waters within the 
area encompassed by the following coordinates: 27[deg]36'27'' N, 
82[deg]44'14'' W; thence to 27[deg]39'46'' N, 82[deg]44'45'' W; thence 
to 27[deg]39'36'' N, 83[deg]05'10'' W; thence to 27[deg]32'29'' N, 
83[deg]04'50'' W; thence to 27[deg]32'21'' N, 82[deg]44'42'' W. This 
zone includes the fairway anchorages.
    (b) Definition. As used in this section:
    Captain of the Port (COTP) for the purpose of this section means 
the Commanding Officer of Coast Guard Sector St. Petersburg.
    Captain of the Port St. Petersburg Zone as defined in 33 CFR 3.35-
35.
    (c) Regulations. (1) Vessels shall not commence an inbound transit, 
shift, or outbound transit when the safety zones are in effect for 
visibility less than one nautical mile due to fog or inclement weather.
    (2) The COTP may open or close Tampa Bay or specific zones 
described in the regulated areas section of this chapter.
    (3) The Coast Guard will provide notice of the regulated area via 
Broadcast Notice to Mariners.
    (d) Enforcement Date. This rule is effective from the date this 
temporary final rule is signed by the Captain of the Port until March 
31, 2015 and will be enforced when visibility is reduced to less than 
one nautical mile.

    Dated: November 26, 2014.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg.
[FR Doc. 2014-29357 Filed 12-12-14; 8:45 am]
BILLING CODE 9110-04-P