[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)]
[Rules and Regulations]
[Pages 71693-71695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29347]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0989]
RIN 1625-AA00


Safety Zone; Unexploded Ordnance Detonation; Passage Key, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within 
a 2000-ft radius of an ordnance detonation area. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by the unexploded ordnance detonation. Entry 
of vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port St. Petersburg.

DATES: This rule is effective without actual notice from November 17, 
2015 through December 18, 2015. For the purposes of enforcement, actual 
notice will be used from November 6, 2015 through November 17, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0989 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Boatswain's Mate First Class Tyrone J. Stafford, Sector 
St. Petersburg Prevention Department, Coast Guard; telephone (813) 228-
2191 ext. 8307, email [email protected].

[[Page 71694]]

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 the Coast Guard was not aware of the 
ordinance removal operation or details needed to implement a safety 
zone in time to publish an NPRM and to receive public comments. It is 
impracticable and contrary to the public interest to publish an NPRM 
because we must establish this safety zone by November 06, 2015 to 
ensure the protection of personnel, vessels, and the marine environment 
from potential hazards created by the unexploded ordnance detonation.
    We are issuing this temporary final rule and under 5 U.S.C. 
553(d)(3), the Coast Guard finds that good cause exists for making it 
effective less than 30 days after publication in the Federal Register 
for the same reasons discussed above. The need for this safety zone has 
been deemed necessary as the detonation of unexploded ordnance will 
occur during the dates specified in this document.
    The purpose of this event is to clear any unexploded ordnance from 
a former gunnery training site. The Passage Key Air-to Ground Gunnery 
Range area was formerly used for arial training during World War II. 
The U.S. Army Corps of Engineers USACE will search for and destroy any 
ordinance found in the vicinity of Passage Key with controlled 
explosives. The safety zone will incorporate a 2000-ft buffer area 
outside of the investigation and detonation area. The U.S. USACE will 
be responsible for the detonation of ordnance within the specified 
area.

III. Legal Authority and Need for Rule

    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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of this rule is to protect the personnel, vessels, and 
the marine environment in the navigable waters within the safety zone.

IV. Discussion of the Rule

    This rule establishes a safety zone from November 06, 2015 through 
December 18, 2015. The safety zone will include waters within a 2000-ft 
radius of the unexploded ordnance detonation zone around the Passage 
Key Air-to-Ground Gunnery Range located in Manatee County, FL, 
identified by several law enforcement vessels showing flashing blue 
lights. All persons and vessels are prohibited from entering or 
remaining in the safety zone unless authorized by the Captain of the 
Port St. Petersburg or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. Vessel traffic 
will be able to safely transit around the safety zone. The safety zone 
will only be enforced for a total of 36 days between the hours of 6 
a.m. and 6 p.m., in a location where commercial vessel traffic is 
expected to be minimal. Commercial vessel traffic may transit the 
safety zone to the extent compatible with public safety if authorized 
by the Captain of the Port or designated representatives. The Coast 
Guard will provide advance notification of the safety zone to the local 
community by a Local Notice to Mariners.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.

[[Page 71695]]

    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (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 involves a safety zone lasting no more than 36 days. It will 
prohibit entry within all navigable waters within a 2000-ft radius of 
an unexploded ordnance detonation zone identified by law enforcement 
vessels showing flashing blue lights in the vicinity of Passage Key 
Air-to-Ground Gunnery Range located in Manatee County, FL. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are 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.

G. 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.

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, 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T07-0989 to read as follows:


Sec.  165.T07-0989  Safety Zone; Unexploded Ordnance Detonation; 
Passage Key, FL.

    (a) Regulated areas. The following regulated area is a safety zone; 
all waters within a 2000-ft radius of the unexploded ordnance 
detonation zone around the Passage Key Air-to-Ground Gunnery Range 
located in Manatee County, FL, identified by several law enforcement 
vessels showing flashing blue lights.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard boat coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officials designated by or assisting the 
Captain of the Port St. Petersburg in the enforcement of the regulated 
areas.
    (c) Enforcement period. This rule is effective without actual 
notice from November 17, 2015 through December 18, 2015. For purposes 
of enforcement, actual notice will be used from November 6, 2015 
through November 17, 2015.
    (d) Regulations. (1) All persons and vessels desiring to enter or 
remain within the regulated area may contact the Captain of the Port 
St. Petersburg by telephone at (727) 824-7524, or a designated 
representative via VHF radio on channel 16, to request authorization.
    (2) If authorization to enter 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. Recreational vessels 
authorized to enter the regulated area may be subject to boarding and 
inspection of the vessel and persons onboard.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, and/or on-scene designated representatives.

    Dated: November 10, 2015.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg.
[FR Doc. 2015-29347 Filed 11-16-15; 8:45 am]
 BILLING CODE 9110-04-P