[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36713-36717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15756]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0764]
RIN 1625-AA00


Safety Zones, St. Petersburg Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing several safety zones within 
the Sector St. Petersburg Captain of the Port Zone. This action will 
establish safety zones that restrict port operations in the event of 
reduced or restricted visibility, or during natural disasters, e.g. 
hurricanes. It will also establish safety zones around firework 
platforms, structures or barges during the storage, preparation, and 
launching of fireworks.

DATES: This rule is effective on June 26, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0764. 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

[[Page 36714]]

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 Lieutenant Omar La Torre Reyes, 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. Regulatory History and Information

    This regulatory amendment will add safety zone regulations 
regarding port closures due to hurricanes and other disasters, reduced 
or restricted visibility as well as a safety zone around all fireworks 
barges, structures, and piers.
    We received one comment on the proposed rule. No public meeting was 
requested and none were held.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish safety zones: 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 these regulations is to ensure the safety of life on 
navigable waters of the United States through the addition of 
regulations regarding port closures in the event of hurricanes and 
other disasters and reduced or restricted visibility. It will establish 
a safety zone around all firework barges, structures, and piers.
    Under 5 U.S.C. 553(b)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Due to the dangers involved with 
restricted visibility, hurricanes, and fireworks as well as the 
upcoming hurricane season starting June 1, it is in the best interest 
of the public to have a regulation in place and to not delay its 
effective date.

C. Comments, Changes and the Final Rule

    One comment was received after the NPRM (80 FR 14335, Mar. 19, 
2015) comment period closed expressing concern about potential over-
regulation. Specifically, the comment relayed that fireworks displays 
could be sufficiently regulated biannually; however, there are several 
documented fireworks displays throughout the calendar year that require 
barges. The comment also proposed alternative methods of regulation 
during hurricanes by using VTS for restricted visibility and relying on 
television stations to inform the public about hurricanes in order to 
relieve cost and burden on the taxpayer. However, the safety zones will 
reduce cost to the taxpayer by eliminating the need to draft a 
temporary final rule for each period of restricted visibility, 
hurricane, and fireworks event. This will significantly reduce the man 
hours and resources used to draft these regulations.

D. 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. These 
regulations were routed through and approved by the Tampa Bay Harbor 
Safety and Security Committee.

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.
    Due to the unexpected and quick nature of hurricanes and other 
disasters, emergency temporary final rules are implemented for each 
individual event. This regulation is not significant regulatory action 
and will reduce time and paper work since an emergency temporary final 
rule would not have to be implemented each time. This rule provides 
advance notice of actions the Coast Guard intends to take in the event 
a natural disaster occurs.
    There are already several special local regulations establishing 
regulated areas around fireworks events. The safety zone that is being 
added is not expected to have a significant regulatory action due to 
the use of temporary final rules to establish safety zones for each 
event.

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 (Public Law 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. 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.

[[Page 36715]]

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

8. Taking of Private Property

    This 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 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 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 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 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 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 made a 
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 rule is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A 
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 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; 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 Sec.  165.781 to read as follows:


Sec.  165.781  Safety Zone; Hurricanes and other Disasters in Western 
Florida.

    (a) Regulated Areas. The following areas are established as a 
safety zone during the specified conditions:
    (1) All waters within the Sector St. Petersburg Captain of the Port 
zone encompassing all navigable waters or tributaries between or within 
Fenholloway River through Chokoloskee Pass, Florida.
    (2) [Reserved]
    (b) Definition. (1) 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 COTP, in the enforcement 
of regulated navigation areas, safety zones, and security zones.
    (2) Hurricane Port Condition WHISKEY means condition set when 
weather advisories indicates sustained gale force winds (39-54 mph/34-
47 knots) from a tropical or hurricane force storm are predicted to 
make landfall at the port within 72 hours.
    (3) Hurricane Port Condition X-RAY means condition set when weather 
advisories indicates sustained gale force winds (39-54 mph/34-47 knots) 
from a tropical or hurricane force storm are predicted to make landfall 
at the port within 48 hours.
    (4) Hurricane Port Condition YANKEE means condition set when 
weather advisories indicate that sustained gale force winds (39-54 mph/
34-47 knots) from a tropical or hurricane force storm are predicted to 
make landfall at the port within 24 hours.
    (5) Hurricane Port Condition ZULU means condition set when weather 
advisories indicate that sustained gale force winds (39-54 mph/34-47 
knots) from a tropical or hurricane force storm are predicted to make 
landfall at the port within 12 hours.
    (c) Regulations. (1) Hurricane Port Condition WHISKEY. All vessel 
and port facilities must exercise due diligence in preparation for 
potential storm impacts. Slow-moving vessels may be ordered to depart 
to ensure safe avoidance of the incoming storm upon the anticipation of 
the setting of Port Condition X-RAY. The PHWAG will make 
recommendations to the Captain of the Port to identify vessels that may 
need to be diverted to ensure the safety of the port. Ports and 
waterfront facilities shall begin removing all debris and securing 
potential flying hazards. Container stacking plans shall be 
implemented. Waterfront facilities that, are unable to reduce container 
stacking height to no more than four high, must submit a container 
stacking protocol to the Captain of the Port (COTP).
    (2) Hurricane Port Condition X-RAY. All vessels and port facilities 
shall ensure that potential flying debris is removed or secured. 
Hazardous materials/pollution hazards must be secured in a safe manner 
and away from waterfront areas. Facilities shall continue to implement 
container stacking protocol. Containers must not exceed four tiers, 
unless previously approved by the COTP. Containers carrying hazardous 
materials may not be stacked above the second tier. All oceangoing 
commercial vessels greater than 500-gross tons must prepare to depart 
ports and anchorages within Tampa Bay. These vessels shall depart 
immediately upon the setting of Port Condition YANKEE. During this 
condition slow-moving vessels may be ordered to depart to ensure safe 
avoidance of the incoming storm. A

[[Page 36716]]

COTP Order will be issued to vessels asked to depart early. COTP orders 
requiring vessel departure will be considered on a case-by-case basis. 
Vessels that are unable to depart the port must contact the COTP to 
request and receive permission to remain in port. Proof of facility 
owner/operator approval is required. Vessels with COTP's permission to 
remain in port must implement their pre-approved mooring arrangement. 
Terminal operators shall prepare to terminate all cargo operations. The 
COTP may require additional precautions to ensure the safety of the 
ports and waterways. Coast Guard Port Assessment Teams will be deployed 
to validate implementation of Port Condition X-RAY. The COTP will 
convene the Port Heavy Weather Advisory Group (PHWAG) as deemed 
necessary.
    (3) Hurricane Port Condition YANKEE. Affected ports are closed to 
inbound vessel traffic. All oceangoing commercial vessels greater than 
500-gross tons must have departed Tampa Bay. Appropriate container 
stacking protocol must be completed. Terminal operators must terminate 
all cargo operations not associated with storm preparations: cargo 
operations associated with storm preparations include moving cargo 
within or off the port for securing purposes, crane and other port/
facility equipment preparations, and similar activities, but do not 
include moving cargo onto the port or vessel loading/discharging 
operations unless specifically authorized by the COTP. All facilities 
shall continue to operate in accordance with approved Facility Security 
Plans and comply with the requirements of the Maritime Transportation 
Security Act (MTSA). Drawbridges may be closed to vessel traffic as 
early as eight hours prior to the arrival of tropical storm force 
winds. Coast Guard Port Assessment Teams will conduct Port Condition 
YANKEE validation. The COTP will convene the Port Heavy Weather 
Advisory Group (PHWAG), as deemed necessary.
    (4) Hurricane Port Condition ZULU. All port waterfront operations 
are suspended, except final preparations that are expressly permitted 
by the COTP necessary to ensure the safety of the ports and facilities. 
Coast Guard Port Assessment Teams will conduct final port assessments.
    (5) Emergency Restrictions for Other Disasters. Any natural or 
other disasters that are anticipated to affect the Sector St. 
Petersburg Captain of the Port zone will result in the prohibition of 
commercial vessel traffic transiting or remaining in the port and/or 
facility operations.

0
3. Add Sec.  165.782 to read as follows:


Sec.  165.782  Safety Zone; Restricted Visibility in Tampa Bay.

    (a) Regulated Areas. The following areas are established as safety 
zones during the specified conditions:
    (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.
    (8) All coordinates are North American Datum 1983.
    (b) Definition. (1) 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 COTP, in the enforcement 
of regulated navigation areas, safety zones, and security zones.
    (2) [Reserved]
    (c) Regulations. (1) Vessel should not commence an inbound, shift, 
or outbound transit during periods where visibility is less than one 
nautical mile due to fog or inclement weather.
    (2) The COTP may open or close Tampa Bay or specific zones to 
vessel traffic described in the regulated areas section of this 
chapter.

0
4. Add Sec.  165.783 to read as follows:


Sec.  165.783  Safety Zone; Firework Displays in Captain of the Port 
Zone St. Petersburg, Florida.

    (a) Regulated Area. The following area is established as a safety 
zone during the specified conditions: All waters within the Sector St. 
Petersburg COTP Zone up to a 500-yard radius of all firework platforms, 
structures or barges during the storage, preparation, and launching of 
fireworks. Designated representatives may reduce the 500-yard zone 
based on prevailing conditions and enforcement needs.
    (1) The Coast Guard realizes that some large scale events, such as 
those with many participants or spectators, or those that could 
severely restrict navigation or pose a significant hazard, may still 
require separate special local regulations or safety zones that address 
the specific peculiarities of the event. In those situations, the Coast 
Guard will create special local regulations or safety zones 
specifically for the event. Those regulations will supersede the 
regulations in this section.

[[Page 36717]]

    (2) All firework platforms, structures or barges will also have a 
sign on their port and starboard side labeled ``FIREWORKS--STAY AWAY''. 
This sign will consist of 10-inch high by 1.5-inch wide red lettering 
on a white background. Shore fireworks site that affect navigable 
waterways will display a sign with the aforementioned specifications.
    (b) Definitions.
    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 COTP, in the enforcement of regulated 
navigation areas, safety zones, and security zones.
    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 is defined in 33 CFR 3.35-
35.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Coast Guard Captain of the Port 
St. Petersburg or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor 
in, or remain in the regulated area may contact the Captain of the Port 
St. Petersburg via 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 in 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 via 
Broadcast Notice to Mariners or by on-scene designated representatives. 
Fireworks platforms, piers, and structures will also have signs to 
notify the public of the danger and to keep away.
    (4) This section does not apply to authorized law enforcement 
agencies operating within the regulated area.

    Dated: June 2, 2015.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2015-15756 Filed 6-25-15; 8:45 am]
 BILLING CODE 9110-04-P