[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Rules and Regulations]
[Pages 22901-22903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09580]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0071]
RIN 1625-AA00


Safety Zone; 24 Mile Tampa Bay Marathon Swim, Tampa Bay; Tampa, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard establishes a temporary moving safety zone on 
the waters of Tampa Bay in the vicinity of Tampa, Florida during the 24 
Mile Tampa Bay Marathon Swim. The 24 Mile Tampa Bay Marathon Swim is 
scheduled to take place on April 25, 2015. Approximately 30 swimmers 
are anticipated to participate in the marathon swim event. No 
spectators are expected to be present during the event. The safety zone 
is necessary to provide for the safety of the participants, participant 
vessels, and the general public on the navigable waters of the United 
States during the event. The safety zone will establish a moving 
protective area around safety vessels including kayaks involved in the 
race. Persons and vessels, except those participating in the event, 
will be prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by the Captain of 
the Port St. Petersburg or a designated representative.

DATES: This rule will be effective from April 24, 2015 through April 
25, 2015. This rule will be enforced from 4 a.m. until 9 p.m. on April 
25, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0071]. 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 rule, 
call or email Tyrone J. Stafford, Sector St. Petersburg Prevention 
Department, U.S. Coast Guard; telephone (813) 228-2191, email [email protected]. If you have questions on viewing or submitting 
material to the docket, call Rich Walter, 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

    On March 9, 2015, a notice of proposed rulemaking (NPRM) entitled 
Safety Zone; 24 Mile Tampa Bay Marathon Swim; Tampa Bay; Tampa, FL was 
published in the Federal Register (80 FR 12365). Only 1 comment was 
received; however, the comment was provided under a separate event 
(Swim Around Lido Key) comment section. The comment stated concern for 
a safety zone encompassing the entire 24 mile swim route for the event. 
The safety zone will be a moving zone that will not impact any other 
areas of the race path while not in use by the swimmers during the 
race.

[[Page 22902]]

    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. Any delay in the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to minimize potential hazards associated with a 
marathon swim with approximately 30 swimmers involved.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to provide for the safety of life on 
navigable waters of the United States during the swimming event.

C. Discussion of the Final Rule

    On April 25, 2015, Distance Matters, Inc. is sponsoring The 24 Mile 
Tampa Bay Marathon Swim. This open water swim event will be held on the 
waters of Tampa Bay, Tampa, Florida. Approximately 30 participants are 
anticipated to participate in the event. No spectator vessels are 
expected during the event.
    This rule will establish a temporary moving safety zone that will 
encompass certain waters of Tampa Bay located in the vicinity of Tampa, 
Florida. The temporary moving safety zone will be enforced from 4 a.m. 
until 9 p.m. on April 25, 2015. The safety zone will establish a moving 
protective area around all safety vessels involved in the race. Persons 
and vessels, except those participating in the event, will be 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by the Captain of 
the Port St. Petersburg or a designated representative.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the enforcement areas by 
contacting the Captain of the Port St. Petersburg by telephone at (727) 
824-7506, or a designated representative via VHF radio on channel 16. 
If authorization to enter, transit through, anchor in, or remain within 
the event area 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 Local Notice to Mariners, 
Broadcast Notice to Mariners, and/or on-scene designated 
representatives.

D. Regulatory Analyses

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

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. The economic impact of 
this rule is not significant for the following reasons: (1) The safety 
zone will be enforced for seventeen hours; (2) although non-participant 
persons and vessels will not be able to enter, transit through, anchor 
in, or remain within the safety zone without authorization from the 
Captain of the Port St. Petersburg or a designated representative, they 
may operate in the surrounding areas during the enforcement period; (3) 
non-participant persons and vessels may still enter, transit through, 
anchor in, or remain within the safety zone during the enforcement 
period if authorized by the Captain of the Port St. Petersburg or a 
designated representative; and (4) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners and/or Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 non-participant 
vessels intending to enter, transit through, anchor in, or remain 
within the safety zone described in this regulation during the 
respective enforcement period. For the reasons discussed in the 
Regulatory Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.

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 above.
    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

[[Page 22903]]

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 an 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 determined 
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 rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction. This rule involves establishing 
a temporary safety zone that will be enforced for 17 hours total. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add a temporary Sec.  165.T07-0071 to read as follows:


Sec.  165.T07-0071  Safety Zone; 24 Mile Tampa Bay Marathon Swim, Tampa 
Bay; Tampa, FL.

    (a) The following regulated area is a safety zone: All waters 
within a 50-yard radius around safety vessels including kayaks.
    (b) Definition. The term ``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 in the enforcement of the regulated 
areas.
    (c) Regulations. (1) Non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in or remaining 
within the regulated area unless authorized by the Captain of the Port 
St. Petersburg or a designated representative.
    (2) Non-participant persons and vessels desiring to enter, transit 
through, anchor in, or remain within the regulated area 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. If authorization 
to enter, transit through, anchor in, or remain within the regulated 
area 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.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and/or on-scene 
designated representatives.
    (d) Enforcement date. This rule will be enforced from 4 a.m. until 
9 p.m. on April 25, 2015.

    Dated: April 1, 2015.
G. D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2015-09580 Filed 4-23-15; 8:45 am]
 BILLING CODE 9110-04-P