80_FR_12410 80 FR 12365 - Safety Zone; 24 Mile Tampa Bay Marathon Swim, Tampa Bay, Tampa, FL

80 FR 12365 - Safety Zone; 24 Mile Tampa Bay Marathon Swim, Tampa Bay, Tampa, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 45 (March 9, 2015)

Page Range12365-12368
FR Document2015-05471

The Coast Guard is proposing to establish a temporary moving safety zone on the waters of the Tampa Bay in Tampa, Florida during the 24 Mile Tampa Bay Marathon Swim. The swim is scheduled to take place from 4 a.m. to 9 p.m. 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 all swimmers 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.

Federal Register, Volume 80 Issue 45 (Monday, March 9, 2015) 
[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Proposed Rules]
[Pages 12365-12368]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05471]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0071]
RIN 1625-AA08


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary moving 
safety zone on the waters of the Tampa Bay in Tampa, Florida during the 
24 Mile Tampa Bay Marathon Swim. The swim is scheduled to take place 
from 4 a.m. to 9 p.m. 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 all swimmers 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: Requests for public meetings, comments or related material must 
be received by the Coast Guard on or before March 16, 2015.

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 Tyrone J. Stafford, 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: 

[[Page 12366]]

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 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-2015-0071 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-2015-0071 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 Coast Guard is proposing to establish this temporary moving 
safety zone on the waters of the Tampa Bay in Tampa, Florida during the 
24 Mile Tampa Bay Marathon Swim. The race is scheduled to take place 
from 4 a.m. to 9 p.m. on April 25, 2015. This proposed rule is 
necessary to protect the safety of the participants, participant 
vessels, and the general public on the navigable waters of the United 
States during the event.

C. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's 
authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 
6.04-1, 160.5; Department of Homeland Security Delegation No. 0170.1.
    The purpose of the proposed rule is to provide for the safety of 
life on navigable waters of the United States during the 24 Mile Tampa 
Bay Marathon Swim.

D. Discussion of Proposed Rule

    This proposed rule is to establish a temporary moving safety zone 
that will encompass certain waters of Tampa Bay in Tampa, Florida. The 
proposed safety zone will be enforced from 4 a.m. to 9 p.m. on April 
25, 2015. The safety zone will establish a moving protective area 
around all swimmers 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 enforcement areas 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.

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.
    The economic impact of this proposed rule is not significant for 
the following reasons: (1) The temporary moving safety zone would be 
enforced for 17 hours; (2) although persons and vessels are prohibited 
to enter, transit through, anchor in, or remain within the enforcement 
areas without authorization from the Captain of the Port St. Petersburg 
or a designated representative, they may operate in the surrounding 
area during the enforcement period; (3) persons and vessels may still 
enter, transit through, anchor in, or remain within the enforcement 
areas during the enforcement period if authorized by the Captain of the 
Port St. Petersburg or a designated representative; and (4) the

[[Page 12367]]

Coast Guard would provide advance notification of the safety zone to 
the local maritime community by Local Notice to Mariners, Broadcast 
Notice to Mariners and/or on-scene designated representatives.

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 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 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

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--SAFETY ZONES

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.

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) Regulated Areas. All waters within a 50-yard radius around the 
swimmers and 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

[[Page 12368]]

Captain of the Port St. Petersburg in the enforcement of the regulated 
areas.
    (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 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) Effective Date. This rule is effective on April 25, 2015 and 
will be enforced from 4 a.m. to 9 p.m.

     Dated: February 18, 2015.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2015-05471 Filed 3-6-15; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules 12365 ADDRESSES: You may submit comments prescribing information will be ACTION: Notice of proposed rulemaking. to the proposed rule by any of the available and readily accessible to following methods: health care professionals at the time of SUMMARY: The Coast Guard is proposing clinical decision making and to establish a temporary moving safety Electronic Submissions zone on the waters of the Tampa Bay in dispensing. FDA provided a 90-day Submit electronic comments in the comment period (i.e., until March 18, Tampa, Florida during the 24 Mile following way: 2015) for the proposed rule. Tampa Bay Marathon Swim. The swim • Federal eRulemaking Portal: http:// The Agency has received a request for is scheduled to take place from 4 a.m. www.regulations.gov. Follow the a 60-day extension of the comment to 9 p.m. on April 25, 2015. instructions for submitting comments. period for the proposed rule. The Approximately 30 swimmers are request conveyed concern that the anticipated to participate in the Written Submissions marathon swim event. No spectators are current 90-day comment period does Submit written submissions in the not allow sufficient time for entities and expected to be present during the event. following ways: individuals who will be most affected The safety zone is necessary to provide • Mail/Hand delivery/Courier (for by a final rule to examine and to for the safety of the participants, paper submissions): Division of Dockets comment upon the proposed rule. The participant vessels, and the general Management (HFA–305), Food and Drug request suggested that FDA would public on the navigable waters of the Administration, 5630 Fishers Lane, Rm. benefit by granting stakeholders United States during the event. The 1061, Rockville, MD 20852. sufficient time to develop their safety zone will establish a moving Instructions: All submissions received comments and to address as many protective area around all swimmers must include the Docket No. FDA– relevant issues as possible. involved in the race. Persons and 2007–N–0363 for this rulemaking. All FDA has considered the request and vessels, except those participating in the comments received may be posted is extending the comment period for the event, will be prohibited from entering, without change to http:// proposed rule for 60 days, until May 18, transiting through, anchoring in, or www.regulations.gov, including any 2015. The Agency believes that a 60-day remaining within the regulated area personal information provided. For extension allows adequate time for unless authorized by the Captain of the additional information on submitting interested persons to submit comments Port St. Petersburg or a designated comments, see the ‘‘Comments’’ heading without significantly delaying representative. of the SUPPLEMENTARY INFORMATION rulemaking on this important issue. DATES: Requests for public meetings, section of this document. II. Request for Comments comments or related material must be Docket: For access to the docket to received by the Coast Guard on or before read background documents or Interested persons may submit either March 16, 2015. comments received, go to http:// electronic comments regarding the www.regulations.gov and insert the ADDRESSES: You may submit comments proposed rule to http:// docket number, found in brackets in the www.regulations.gov or written identified by docket number using any heading of this document, into the comments to the Division of Dockets one of the following methods: ‘‘Search’’ box and follow the prompts Management (see ADDRESSES). It is only (1) Federal eRulemaking Portal: and/or go to the Division of Dockets necessary to send one set of comments. http://www.regulations.gov. Management, 5630 Fishers Lane, Rm. Identify comments with the docket (2) Fax: (202) 493–2251. 1061, Rockville, MD 20852. number found in brackets in the (3) Mail or Delivery: Docket FOR FURTHER INFORMATION CONTACT: heading of this document. Received Management Facility (M–30), U.S. Emily Gebbia, Center for Drug comments may be seen in the Division Department of Transportation, West Evaluation and Research, Food and of Dockets Management between 9 a.m. Building Ground Floor, Room W12–140, Drug Administration, 10903 New and 4 p.m., Monday through Friday, and 1200 New Jersey Avenue SE., Hampshire Ave., Bldg. 51, Rm. 6226, will be posted to the docket at http:// Washington, DC 20590–0001. Deliveries Silver Spring, MD 20993, 240–402– www.regulations.gov. accepted between 9 a.m. and 5 p.m., 0980. Monday through Friday, except federal Dated: March 3, 2015. holidays. The telephone number is (202) SUPPLEMENTARY INFORMATION: Leslie Kux, 366–9329. Associate Commissioner for Policy. See the ‘‘Public Participation and I. Background [FR Doc. 2015–05336 Filed 3–6–15; 8:45 am] Request for Comments’’ portion of the In the Federal Register of December BILLING CODE 4164–01–P SUPPLEMENTARY INFORMATION section 18, 2014, FDA published a proposed below for further instructions on rule to amend its labeling regulations for submitting comments. To avoid human prescription drugs and DEPARTMENT OF HOMELAND duplication, please use only one of biological products to require that the SECURITY these three methods. prescribing information intended for health care professionals that is on or FOR FURTHER INFORMATION CONTACT: If Coast Guard you have questions on this rule, call or within the package from which the product is dispensed be distributed email Tyrone J. Stafford, Sector St. 33 CFR Part 165 Petersburg Prevention Department, electronically and not in paper form, Coast Guard; telephone (813) 228–2191, tkelley on DSK3SPTVN1PROD with PROPOSALS except as provided by the proposed [Docket Number USCG–2015–0071] rule. The proposed rule is intended to email D07-SMB-Tampa- facilitate the distribution of updated RIN 1625–AA08 WWM@uscg.mil. If you have questions prescribing information as new on viewing or submitting material to the Safety Zone; 24 Mile Tampa Bay docket, call Cheryl Collins, Program information becomes available and as Marathon Swim, Tampa Bay, Tampa, changes in prescribing information are Manager, Docket Operations, telephone FL (202) 366–9826. made. FDA is proposing the change to help ensure that the most current AGENCY: Coast Guard, DHS. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:26 Mar 06, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.SGM 09MRP1

12366 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules Table of Acronyms Click on Open Docket Folder on the line will establish a moving protective area DHS Department of Homeland Security associated with this rulemaking. You around all swimmers involved in the FR Federal Register may also visit the Docket Management race. Persons and vessels, except those NPRM Notice of Proposed Rulemaking Facility in Room W12–140 on the participating in the event, will be ground floor of the Department of prohibited from entering, transiting A. Public Participation and Request for Transportation West Building, 1200 through, anchoring in, or remaining Comments New Jersey Avenue SE., Washington, within the regulated area unless We encourage you to participate in DC 20590, between 9 a.m. and 5 p.m., authorized by the Captain of the Port St. this rulemaking by submitting Monday through Friday, except federal Petersburg or a designated comments and related materials. All holidays. representative. comments received will be posted Persons and vessels may request without change to http:// 3. Privacy Act authorization to enter, transit through, www.regulations.gov and will include Anyone can search the electronic anchor in, or remain within the any personal information you have form of comments received into any of enforcement areas by contacting the provided. our dockets by the name of the Captain of the Port St. Petersburg by individual submitting the comment (or telephone at (727) 824–7506, or a 1. Submitting Comments designated representative via VHF radio signing the comment, if submitted on If you submit a comment, please behalf of an association, business, labor on channel 16. If authorization to enter, include the docket number for this union, etc.). You may review a Privacy transit through, anchor in, or remain rulemaking, indicate the specific section Act notice regarding our public dockets within the enforcement areas is granted of this document to which each in the January 17, 2008, issue of the by the Captain of the Port St. Petersburg comment applies, and provide a reason Federal Register (73 FR 3316). or a designated representative, all for each suggestion or recommendation. persons and vessels receiving such You may submit your comments and 4. Public Meeting authorization must comply with the material online at http:// We do not plan to hold a public instructions of the Captain of the Port www.regulations.gov, or by fax, mail, or meeting. But you may submit a request St. Petersburg or a designated hand delivery, but please use only one for one, using one of the methods representative. of these means. If you submit a specified under ADDRESSES. Please comment online, it will be considered E. Regulatory Analyses explain why you believe a public received by the Coast Guard when you meeting would be beneficial. If we We developed this proposed rule after successfully transmit the comment. If determine that one would aid this considering numerous statutes and you fax, hand deliver, or mail your rulemaking, we will hold one at a time executive orders related to rulemaking. comment, it will be considered as and place announced by a later notice Below we summarize our analyses having been received by the Coast in the Federal Register. based on a number of these statutes or Guard when it is received at the Docket executive orders. Management Facility. We recommend B. Regulatory History and Information 1. Regulatory Planning and Review that you include your name and a The Coast Guard is proposing to mailing address, an email address, or a establish this temporary moving safety This proposed rule is not a significant telephone number in the body of your zone on the waters of the Tampa Bay in regulatory action under section 3(f) of document so that we can contact you if Tampa, Florida during the 24 Mile Executive Order 12866, Regulatory we have questions regarding your Tampa Bay Marathon Swim. The race is Planning and Review, as supplemented submission. scheduled to take place from 4 a.m. to by Executive Order 13563, Improving To submit your comment online, go to 9 p.m. on April 25, 2015. This proposed Regulation and Regulatory Review, and http://www.regulations.gov, type the rule is necessary to protect the safety of does not require an assessment of docket number USCG–2015–0071 in the the participants, participant vessels, and potential costs and benefits under ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ the general public on the navigable section 6(a)(3) of Executive Order 12866 Click on ‘‘Submit a Comment’’ on the waters of the United States during the or under section 1 of Executive Order line associated with this rulemaking. event. 13563. The Office of Management and If you submit your comments by mail Budget has not reviewed it under those or hand delivery, submit them in an C. Basis and Purpose Orders. unbound format, no larger than 81⁄2 by The legal basis for the proposed rule The economic impact of this proposed 11 inches, suitable for copying and is the Coast Guard’s authority to rule is not significant for the following electronic filing. If you submit establish safety zones: 33 U.S.C. 1231; reasons: (1) The temporary moving comments by mail and would like to 33 CFR 1.05–1, 6.04–1, 160.5; safety zone would be enforced for 17 know that they reached the Facility, Department of Homeland Security hours; (2) although persons and vessels please enclose a stamped, self-addressed Delegation No. 0170.1. are prohibited to enter, transit through, postcard or envelope. We will consider The purpose of the proposed rule is anchor in, or remain within the all comments and material received to provide for the safety of life on enforcement areas without authorization during the comment period and may navigable waters of the United States from the Captain of the Port St. change the rule based on your during the 24 Mile Tampa Bay Petersburg or a designated comments. Marathon Swim. representative, they may operate in the tkelley on DSK3SPTVN1PROD with PROPOSALS surrounding area during the 2. Viewing Comments and Documents D. Discussion of Proposed Rule enforcement period; (3) persons and To view comments, as well as This proposed rule is to establish a vessels may still enter, transit through, documents mentioned in this preamble temporary moving safety zone that will anchor in, or remain within the as being available in the docket, go to encompass certain waters of Tampa Bay enforcement areas during the http://www.regulations.gov, type the in Tampa, Florida. The proposed safety enforcement period if authorized by the docket number USCG–2015–0071 in the zone will be enforced from 4 a.m. to 9 Captain of the Port St. Petersburg or a ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ p.m. on April 25, 2015. The safety zone designated representative; and (4) the VerDate Sep<11>2014 17:26 Mar 06, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.SGM 09MRP1

Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules 12367 Coast Guard would provide advance INFORMATION CONTACT section to Significantly Affect Energy Supply, notification of the safety zone to the coordinate protest activities so that your Distribution, or Use. local maritime community by Local message can be received without 13. Technical Standards Notice to Mariners, Broadcast Notice to jeopardizing the safety or security of Mariners and/or on-scene designated people, places or vessels. This proposed rule does not use representatives. technical standards. Therefore, we did 7. Unfunded Mandates Reform Act not consider the use of voluntary 2. Impact on Small Entities The Unfunded Mandates Reform Act consensus standards. Under the Regulatory Flexibility Act of 1995 (2 U.S.C. 1531–1538) requires (5 U.S.C. 601–612), we have considered 14. Environment federal agencies to assess the effects of the impact of this proposed rule on their discretionary regulatory actions. In We have analyzed this proposed rule small entities. The Coast Guard certifies particular, the Act addresses actions under Department of Homeland under 5 U.S.C. 605(b) that this proposed that may result in the expenditure by a Security Management Directive 023–01 rule will not have a significant State, local, or tribal government, in the and Commandant Instruction economic impact on a substantial aggregate, or by the private sector of M16475.lD, which guide the Coast number of small entities. $100,000,000 (adjusted for inflation) or Guard in complying with the National If you think that your business, more in any one year. Though this Environmental Policy Act of 1969 organization, or governmental proposed rule would not result in such (NEPA) (42 U.S.C. 4321–4370f), and jurisdiction qualifies as a small entity expenditure, we do discuss the effects of have made a preliminary determination and that this rule would have a this rule elsewhere in this preamble. that this action is one of a category of significant economic impact on it, actions that do not individually or please submit a comment (see 8. Taking of Private Property cumulatively have a significant effect on ADDRESSES) explaining why you think it This proposed rule would not cause a the human environment. This rule is qualifies and how and to what degree taking of private property or otherwise categorically excluded from further this rule would economically affect it. have taking implications under review under paragraph 34(g) of Figure 3. Assistance for Small Entities Executive Order 12630, Governmental 2–1 of the Commandant Instruction. A Actions and Interference with preliminary environmental analysis Under section 213(a) of the Small Constitutionally Protected Property checklist supporting this determination Business Regulatory Enforcement Rights. is available in the docket where Fairness Act of 1996 (Pub. L. 104–121), indicated under ADDRESSES. We seek we want to assist small entities in 9. Civil Justice Reform any comments or information that may understanding this proposed rule. If the lead to the discovery of a significant This proposed rule meets applicable rule would affect your small business, environmental impact from this standards in sections 3(a) and 3(b)(2) of organization, or governmental proposed rule. Executive Order 12988, Civil Justice jurisdiction and you have questions Reform, to minimize litigation, List of Subjects in 33 CFR Part 165 concerning its provisions or options for eliminate ambiguity, and reduce compliance, please contact the person Marine safety, Navigation (water), burden. listed in the FOR FURTHER INFORMATION Reporting and recordkeeping CONTACT section above. The Coast Guard 10. Protection of Children From requirements, Waterways. will not retaliate against small entities Environmental Health Risks that question or complain about this For the reasons discussed in the We have analyzed this proposed rule preamble, the Coast Guard proposes to proposed rule or any policy or action of under Executive Order 13045, amend 33 CFR part 165 as follows: the Coast Guard. Protection of Children from 4. Collection of Information Environmental Health Risks and Safety PART 165—SAFETY ZONES This proposed rule will not call for a Risks. This rule is not an economically new collection of information under the significant rule and would not create an ■ 1. The authority citation for part 165 Paperwork Reduction Act of 1995 (44 environmental risk to health or risk to continues to read as follows: U.S.C. 3501–3520.). safety that might disproportionately Authority: 33 U.S.C. 1231; 46 U.S.C. affect children. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 5. Federalism 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 11. Indian Tribal Governments 107–295, 116 Stat. 2064; Department of A rule has implications for federalism under Executive Order 13132, This proposed rule does not have Homeland Security Delegation No. 0170.1. Federalism, if it has a substantial direct tribal implications under Executive ■ 2. Add a temporary § 165.T07–0071 to effect on the States, on the relationship Order 13175, Consultation and read as follows: between the national government and Coordination with Indian Tribal the States, or on the distribution of Governments, because it would not have § 165.T07–0071 Safety Zone; 24 Mile a substantial direct effect on one or Tampa Bay Marathon Swim, Tampa Bay; power and responsibilities among the more Indian tribes, on the relationship Tampa, FL. various levels of government. We have analyzed this proposed rule under that between the Federal Government and (a) Regulated Areas. All waters within Order and determined that this rule Indian tribes, or on the distribution of a 50-yard radius around the swimmers power and responsibilities between the and safety vessels including kayaks. tkelley on DSK3SPTVN1PROD with PROPOSALS does not have implications for federalism. Federal Government and Indian tribes. (b) Definition. The term ‘‘designated representative’’ means Coast Guard 6. Protest Activities 12. Energy Effects Patrol Commanders, including Coast The Coast Guard respects the First This proposed rule is not a Guard coxswains, petty officers, and Amendment rights of protesters. ‘‘significant energy action’’ under other officers operating Coast Guard Protesters are asked to contact the Executive Order 13211, Actions vessels, and Federal, state, and local person listed in the FOR FURTHER Concerning Regulations That officers designated by or assisting the VerDate Sep<11>2014 17:26 Mar 06, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.SGM 09MRP1

12368 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Proposed Rules Captain of the Port St. Petersburg in the safety of the participants, participant any personal information you have enforcement of the regulated areas. vessels, and the general public on the provided. (c) Regulations. (1) All persons and navigable waters of the United States vessels are prohibited from entering, during the event. The safety zone will 1. Submitting Comments transiting through, anchoring in, or establish a moving protective area If you submit a comment, please remaining within the regulated area around all swimmers involved in the include the docket number for this unless authorized by the Captain of the race. Persons and vessels, except those rulemaking, indicate the specific section Port St. Petersburg or a designated participating in the event, will be of this document to which each representative. prohibited from entering, transiting comment applies, and provide a reason (2) Non-participant persons and through, anchoring in, or remaining for each suggestion or recommendation. vessels desiring to enter, transit through, within the regulated area unless You may submit your comments and anchor in, or remain within the authorized by the Captain of the Port St. material online at http:// regulated area may contact the Captain Petersburg or a designated of the Port St. Petersburg by telephone www.regulations.gov, or by fax, mail, or representative. at (727) 824–7506, or a designated hand delivery, but please use only one DATES: Comments and related material of these means. If you submit a representative via VHF radio on channel must be received by March 20, 2015. 16. If authorization to enter, transit comment online, it will be considered Requests for public meetings must be received by the Coast Guard when you through, anchor in, or remain within the received by the Coast Guard on or before regulated area is granted by the Captain successfully transmit the comment. If March 16, 2015. you fax, hand deliver, or mail your of the Port St. Petersburg or a designated ADDRESSES: You may submit comments comment, it will be considered as representative, all persons and vessels receiving such authorization must identified by docket number using any having been received by the Coast comply with the instructions of the one of the following methods: Guard when it is received at the Docket (1) Federal eRulemaking Portal: Management Facility. We recommend Captain of the Port St. Petersburg or a http://www.regulations.gov. that you include your name and a designated representative. (2) Fax: (202) 493–2251. mailing address, an email address, or a (3) The Coast Guard will provide (3) Mail or Delivery: Docket telephone number in the body of your notice of the regulated area by Local Management Facility (M–30), U.S. document so that we can contact you if Notice to Mariners, Broadcast Notice to Department of Transportation, West we have questions regarding your Mariners, and/or on-scene designated Building Ground Floor, Room W12–140, submission. representatives. 1200 New Jersey Avenue SE., (d) Effective Date. This rule is To submit your comment online, go to Washington, DC 20590–0001. Deliveries effective on April 25, 2015 and will be http://www.regulations.gov, type the accepted between 9 a.m. and 5 p.m., enforced from 4 a.m. to 9 p.m. docket number USCG–2015–0093 in the Monday through Friday, except federal Dated: February 18, 2015. holidays. The telephone number is (202) ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ G.D. Case, 366–9329. Click on ‘‘Submit a Comment’’ on the Captain, U.S. Coast Guard, Captain of the See the ‘‘Public Participation and line associated with this rulemaking. Port St. Petersburg. Request for Comments’’ portion of the If you submit your comments by mail [FR Doc. 2015–05471 Filed 3–6–15; 8:45 am] SUPPLEMENTARY INFORMATION section or hand delivery, submit them in an BILLING CODE 9110–04–P below for further instructions on unbound format, no larger than 81⁄2 by submitting comments. To avoid 11 inches, suitable for copying and duplication, please use only one of electronic filing. If you submit DEPARTMENT OF HOMELAND these three methods. comments by mail and would like to SECURITY FOR FURTHER INFORMATION CONTACT: If know that they reached the Facility, you have questions on this rule, call or please enclose a stamped, self-addressed Coast Guard email Tyrone J. Stafford, Sector St. postcard or envelope. We will consider Petersburg Prevention Department, all comments and material received 33 CFR Part 165 Coast Guard; telephone (813) 228–2191, during the comment period and may [Docket Number USCG–2015–0093] email D07–SMB-Tampa-WWM@ change the rule based on your uscg.mil. If you have questions on comments. RIN 1625–AA08 viewing or submitting material to the Safety Zone; Swim Around Lido Key; docket, call Cheryl Collins, Program 2. Viewing Comments and Documents Tampa Bay; Sarasota, FL Manager, Docket Operations, telephone (202) 366–9826. To view comments, as well as AGENCY: Coast Guard, DHS. documents mentioned in this preamble SUPPLEMENTARY INFORMATION: ACTION: Notice of proposed rulemaking. as being available in the docket, go to Table of Acronyms http://www.regulations.gov, type the SUMMARY: The Coast Guard is proposing docket number USCG–2015–0093 in the DHS Department of Homeland Security to establish a temporary moving safety FR Federal Register ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ zone on the waters of the Sarasota Bay NPRM Notice of Proposed Rulemaking Click on Open Docket Folder on the line in Sarasota, Florida during the Swim associated with this rulemaking. You A. Public Participation and Request for may also visit the Docket Management tkelley on DSK3SPTVN1PROD with PROPOSALS Around Lido Key. The swim is scheduled to take place from 8 a.m. to Comments Facility in Room W12–140 on the 2 p.m. on April 12, 2015. We encourage you to participate in ground floor of the Department of Approximately 100 swimmers are this rulemaking by submitting Transportation West Building, 1200 anticipated to participate in the swim comments and related materials. All New Jersey Avenue SE., Washington, event. No spectators are expected to be comments received will be posted DC 20590, between 9 a.m. and 5 p.m., present during the event. The safety without change to http:// Monday through Friday, except federal zone is necessary to provide for the www.regulations.gov and will include holidays. VerDate Sep<11>2014 17:26 Mar 06, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\09MRP1.SGM 09MRP1


Document Created: 2015-12-18 12:05:25
Document Modified: 2015-12-18 12:05:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesRequests for public meetings, comments or related material must be received by the Coast Guard on or before March 16, 2015.
ContactIf you have questions on this rule, call or email Tyrone J. Stafford, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228-2191, email D07-SMB-Tampa- [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.
FR Citation80 FR 12365 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways
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