80_FR_14388 80 FR 14335 - Safety Zones, St. Petersburg Captain of the Port Zone

80 FR 14335 - Safety Zones, St. Petersburg Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 53 (March 19, 2015)

Page Range14335-14338
FR Document2015-05743

The Coast Guard proposes to establish several safety zones within the Sector St. Petersburg Captain of the Port Zone. This action would establish safety zones restricting port operations in the event of reduced or restricted visibility or disasters including hurricanes. It would also establish safety zones around firework platforms, structures or barges during the storage, preparation, and launching of fireworks.

Federal Register, Volume 80 Issue 53 (Thursday, March 19, 2015)
[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Proposed Rules]
[Pages 14335-14338]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05743]



[[Page 14335]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0764]
RIN 1625-AA00, 1625-AA87


Safety Zones, St. Petersburg Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish several safety zones 
within the Sector St. Petersburg Captain of the Port Zone. This action 
would establish safety zones restricting port operations in the event 
of reduced or restricted visibility or disasters including hurricanes. 
It would also establish safety zones around firework platforms, 
structures or barges during the storage, preparation, and launching of 
fireworks.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 20, 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 Lieutenant Omar La Torre Reyes, Sector St. Petersburg 
Waterways Management Branch, U.S. Coast Guard; telephone (813) 228-
2191, email omar.latorereyes@uscg.mil. 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
COTP Captain of the Port

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.
    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-2014-0764 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-2014-0764) 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).

B. Regulatory History and Information

    This proposed regulatory amendment will add safety zone regulations 
regarding port restrictions due to hurricanes and other disasters, 
reduced or restricted visibility as well as a safety zone around all 
fireworks barges, structures, and piers.

C. Basis and Purpose

    The legal basis for this proposed rule is the Coast Guard's 
authority to establish safety zones: 33 U.S.C. 1231; 33 U.S.C. 1225; 33 
CFR 1.05-1, 6.04-1, 160.5; Department of Homeland Security Delegation 
No. 0170.1.
    The purpose of these regulations are to ensure the safety of life 
on navigable waters of the United States through the addition of 
regulations regarding port regulations 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.

D. Discussion of Proposed Rule

    This rule would establish three sections under 33 CFR 165.702: (1) 
A safety zones dictating port closures during hurricanes and other 
disasters; (2) seven segments of Tampa Bay's shipping channel to give 
the COTP flexibility in controlling and reconstituting vessel traffic 
during periods of reduced or restricted visibility; and (3) a safety 
zone around all fireworks launching platforms, structures, or piers 
while engaged in launching operations. Notice will be given via Local 
Notice to Mariners.

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.

[[Page 14336]]

 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.
    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 proposed 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 safety zones temporary final rules 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 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 proposed 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

    Harbors, Marine safety, Navigation (water), Reporting and 
Recordkeeping

[[Page 14337]]

Requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 1225, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add Sec.  165.780 to read as follows:


Sec.  165.780  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) All coordinates are North American Datum 1983.
    (b) Definitions.
    (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. Ports and waterfront facilities shall begin 
removing all debris and secure potential flying hazards. Container 
stacking plans shall be implemented. Waterfront facilities that, due to 
space constraints, 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 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 
the ports and anchorages within Tampa Bay. These vessels shall depart 
immediately upon the setting of Port Condition Yankee. Slow-moving 
vessels may be ordered to depart to ensure safe avoidance of the 
incoming storm. A 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 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). Anticipate 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 excepting final preparations as 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 or 
facility operations.
0
3. Add Sec.  165.781 to read as follows:


Sec.  165.781  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;

[[Page 14338]]

thence to 27[deg]46'15'' N, 82[deg]43'24'' W. This zone encompasses all 
navigable waterways between all of Old Tampa Bay to Cut ``6F'' (LLNR 
22830) Channel.
    (4) Zone 4 (Middle Tampa Bay) means all navigable waters within a 
box marked by the following coordinates: 27[deg]46'34'' N, 
82[deg]34'04'' W; thence to 27[deg]38'40'' N, 82[deg]31'54'' W; thence 
to 27[deg]44'38'' N, 82[deg]40'44'' W; thence to 27[deg]46'15'' N, 
82[deg]40'46'' W. This zone encompasses all navigable waterways between 
Cut ``6F'' (LLNR 22830) Channel to Tampa Bay ``1C'' (LLNR 22590).
    (5) Zone 5 (Lower Tampa Bay/Manatee) means all navigable waters 
within a box marked by the following coordinates: 27[deg]44'33'' N, 
82[deg]40'37'' W; thence to 27[deg]58'59'' N, 82[deg]40'34'' W; thence 
to 27[deg]36'18'' N, 82[deg]38'57'' W; thence to 27[deg]34'10'' N, 
82[deg]34'50'' W; thence to 27[deg]37'56'' N, 82[deg]31'15'' W. This 
zone encompasses all navigable waterways between Tampa Bay ``1C'' (LLNR 
22590) to Sunshine Skyway Bridge.
    (6) Zone 6 (Mullet Key) means all navigable waters within a box 
marked by the following coordinates: 27[deg]38'59'' N, 82[deg]40'35'' 
W; thence to 27[deg]36'44'' N, 82[deg]44'13'' W; thence to 
27[deg]32'20'' N, 82[deg]44'37'' W; thence to 27[deg]31'18'' N, 
82[deg]38'59'' W; thence to 27[deg]34'09'' N, 82[deg]34'53'' W; thence 
to 27[deg]36'15'' N, 82[deg]39'00'' W. This zone encompasses all 
navigable waterways between the Sunshine Skyway Bridge to Mullet Key 
Channel LB ``21'' (LLNR 22365) & ``22'' (LLNR 22370).
    (7) Zone 7 (Egmont Entrance) means all navigable waters within the 
area encompassed by the following coordinates: 27[deg]36'27'' N, 
82[deg]44'14'' W; thence to 27[deg]39'46'' N, 82[deg]44'45'' W; thence 
to 27[deg]39'36'' N, 83[deg]05'10'' W; thence to 27[deg]32'29'' N, 
83[deg]04'50'' W; thence to 27[deg]32'21'' N, 82[deg]44'42'' W. This 
zone includes the fairway anchorages.
    (b) Definition. (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.
    (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.  165.782 to read as follows:


Sec.  165.782  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 within 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, and those regulations will supersede the 
proposed regulations in this rule.
    (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) Definition.
    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 regulation does not apply to authorized law enforcement 
agencies operating within the regulated area.

    Dated: February 11, 2015.
G. D. Case,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2015-05743 Filed 3-18-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules                                             14335

                                                 DEPARTMENT OF HOMELAND                                  FR Federal Register                                   Docket Management Facility in Room
                                                 SECURITY                                                NPRM Notice of Proposed Rulemaking                    W12–140 on the ground floor of the
                                                                                                         COTP Captain of the Port                              Department of Transportation West
                                                 Coast Guard                                             A. Public Participation and Request for               Building, 1200 New Jersey Avenue SE.,
                                                                                                         Comments                                              Washington, DC 20590, between 9 a.m.
                                                 33 CFR Part 165                                                                                               and 5 p.m., Monday through Friday,
                                                                                                            We encourage you to participate in
                                                 [Docket Number USCG–2014–0764]                                                                                except Federal holidays.
                                                                                                         this rulemaking by submitting
                                                 RIN 1625–AA00, 1625–AA87                                comments and related materials. All                   3. Privacy Act
                                                                                                         comments received will be posted                         Anyone can search the electronic
                                                 Safety Zones, St. Petersburg Captain                    without change to http://                             form of comments received into any of
                                                 of the Port Zone                                        www.regulations.gov and will include                  our dockets by the name of the
                                                                                                         any personal information you have                     individual submitting the comment (or
                                                 AGENCY:   Coast Guard, DHS.                             provided.                                             signing the comment, if submitted on
                                                 ACTION:   Notice of proposed rulemaking.                   If you submit a comment, please                    behalf of an association, business, labor
                                                                                                         include the docket number for this                    union, etc.). You may review a Privacy
                                                 SUMMARY:    The Coast Guard proposes to                 rulemaking, indicate the specific section
                                                 establish several safety zones within the                                                                     Act notice regarding our public dockets
                                                                                                         of this document to which each                        in the January 17, 2008, issue of the
                                                 Sector St. Petersburg Captain of the Port               comment applies, and provide a reason
                                                 Zone. This action would establish safety                                                                      Federal Register (73 FR 3316).
                                                                                                         for each suggestion or recommendation.
                                                 zones restricting port operations in the                You may submit your comments and                      B. Regulatory History and Information
                                                 event of reduced or restricted visibility               material online at http://
                                                 or disasters including hurricanes. It                                                                            This proposed regulatory amendment
                                                                                                         www.regulations.gov, or by fax, mail, or              will add safety zone regulations
                                                 would also establish safety zones                       hand delivery, but please use only one
                                                 around firework platforms, structures or                                                                      regarding port restrictions due to
                                                                                                         of these means. If you submit a                       hurricanes and other disasters, reduced
                                                 barges during the storage, preparation,                 comment online, it will be considered
                                                 and launching of fireworks.                                                                                   or restricted visibility as well as a safety
                                                                                                         received by the Coast Guard when you                  zone around all fireworks barges,
                                                 DATES: Comments and related material                    successfully transmit the comment. If                 structures, and piers.
                                                 must be received by the Coast Guard on                  you fax, hand deliver, or mail your
                                                 or before April 20, 2015.                               comment, it will be considered as                     C. Basis and Purpose
                                                 ADDRESSES: You may submit comments                      having been received by the Coast                        The legal basis for this proposed rule
                                                 identified by docket number using any                   Guard when it is received at the Docket               is the Coast Guard’s authority to
                                                 one of the following methods:                           Management Facility. We recommend                     establish safety zones: 33 U.S.C. 1231;
                                                    (1) Federal eRulemaking Portal:                      that you include your name and a                      33 U.S.C. 1225; 33 CFR 1.05–1, 6.04–1,
                                                 http://www.regulations.gov.                             mailing address, an email address, or a               160.5; Department of Homeland
                                                    (2) Fax: (202) 493–2251.                             telephone number in the body of your                  Security Delegation No. 0170.1.
                                                    (3) Mail or Delivery: Docket                         document so that we can contact you if                   The purpose of these regulations are
                                                 Management Facility (M–30), U.S.                        we have questions regarding your                      to ensure the safety of life on navigable
                                                 Department of Transportation, West                      submission.                                           waters of the United States through the
                                                 Building Ground Floor, Room W12–140,                       To submit your comment online, go to               addition of regulations regarding port
                                                 1200 New Jersey Avenue SE.,                             http://www.regulations.gov, type the                  regulations in the event of hurricanes
                                                 Washington, DC 20590–0001. Deliveries                   docket number USCG–2014–0764 in the                   and other disasters and reduced or
                                                 accepted between 9 a.m. and 5 p.m.,                     ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                  restricted visibility. It will establish a
                                                 Monday through Friday, except federal                   Click on ‘‘Submit a Comment’’ on the                  safety zone around all firework barges,
                                                 holidays. The telephone number is (202)                 line associated with this rulemaking.                 structures, and piers.
                                                 366–9329.                                                  If you submit your comments by mail
                                                                                                         or hand delivery, submit them in an                   D. Discussion of Proposed Rule
                                                    See the ‘‘Public Participation and
                                                 Request for Comments’’ portion of the                   unbound format, no larger than 81⁄2 by                   This rule would establish three
                                                 SUPPLEMENTARY INFORMATION section                       11 inches, suitable for copying and                   sections under 33 CFR 165.702: (1) A
                                                 below for further instructions on                       electronic filing. If you submit                      safety zones dictating port closures
                                                 submitting comments. To avoid                           comments by mail and would like to                    during hurricanes and other disasters;
                                                 duplication, please use only one of                     know that they reached the Facility,                  (2) seven segments of Tampa Bay’s
                                                 these three methods.                                    please enclose a stamped, self-addressed              shipping channel to give the COTP
                                                 FOR FURTHER INFORMATION CONTACT: If                     postcard or envelope. We will consider                flexibility in controlling and
                                                 you have questions on this rule, call or                all comments and material received                    reconstituting vessel traffic during
                                                 email Lieutenant Omar La Torre Reyes,                   during the comment period and may                     periods of reduced or restricted
                                                 Sector St. Petersburg Waterways                         change the rule based on your                         visibility; and (3) a safety zone around
                                                 Management Branch, U.S. Coast Guard;                    comments.                                             all fireworks launching platforms,
                                                 telephone (813) 228–2191, email                                                                               structures, or piers while engaged in
                                                                                                         2. Viewing Comments and Documents
                                                 omar.latorereyes@uscg.mil. If you have                                                                        launching operations. Notice will be
                                                                                                            To view comments, as well as                       given via Local Notice to Mariners.
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                                                 questions on viewing or submitting
                                                                                                         documents mentioned in this preamble
                                                 material to the docket, call Cheryl                                                                           E. Regulatory Analyses
                                                                                                         as being available in the docket, go to
                                                 Collins, Program Manager, Docket
                                                                                                         http://www.regulations.gov, type the                    We developed this proposed rule after
                                                 Operations, telephone (202) 366–9826.
                                                                                                         docket number (USCG–2014–0764) in                     considering numerous statutes and
                                                 SUPPLEMENTARY INFORMATION:                              the ‘‘SEARCH’’ box and click                          executive orders related to rulemaking.
                                                 Table of Acronyms                                       ‘‘SEARCH.’’ Click on Open Docket                      Below we summarize our analyses
                                                                                                         Folder on the line associated with this               based on a number of these statutes or
                                                 DHS    Department of Homeland Security                  rulemaking. You may also visit the                    executive orders.


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                                                 14336                  Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules

                                                 1. Regulatory Planning and Review                       that question or complain about this                  10. Protection of Children From
                                                    This proposed rule is not a significant              proposed rule or any policy or action of              Environmental Health Risks
                                                 regulatory action under section 3(f) of                 the Coast Guard.                                         We have analyzed this proposed rule
                                                 Executive Order 12866, Regulatory                       4. Collection of Information                          under Executive Order 13045,
                                                 Planning and Review, as supplemented                                                                          Protection of Children from
                                                 by Executive Order 13563, Improving                       This proposed rule will not call for a              Environmental Health Risks and Safety
                                                 Regulation and Regulatory Review, and                   new collection of information under the               Risks. This rule is not an economically
                                                 does not require an assessment of                       Paperwork Reduction Act of 1995 (44                   significant rule and would not create an
                                                 potential costs and benefits under                      U.S.C. 3501–3520).                                    environmental risk to health or risk to
                                                 section 6(a)(3) of Executive Order 12866                                                                      safety that might disproportionately
                                                                                                         5. Federalism                                         affect children.
                                                 or under section 1 of Executive Order
                                                 13563. The Office of Management and                        A rule has implications for federalism             11. Indian Tribal Governments
                                                 Budget has not reviewed it under those                  under Executive Order 13132,
                                                 Orders.                                                                                                          This proposed rule does not have
                                                                                                         Federalism, if it has a substantial direct            tribal implications under Executive
                                                    Due to the unexpected and quick                      effect on the States, on the relationship
                                                 nature of hurricanes and other disasters,                                                                     Order 13175, Consultation and
                                                                                                         between the national government and                   Coordination with Indian Tribal
                                                 emergency temporary final rules are                     the States, or on the distribution of
                                                 implemented for each individual event.                                                                        Governments, because it would not have
                                                                                                         power and responsibilities among the                  a substantial direct effect on one or
                                                 This regulation is not significant                      various levels of government. We have
                                                 regulatory action and will reduce time                                                                        more Indian tribes, on the relationship
                                                                                                         analyzed this proposed rule under that                between the Federal Government and
                                                 and paper work since an emergency                       Order and determined that this rule
                                                 temporary final rule would not have to                                                                        Indian tribes, or on the distribution of
                                                                                                         does not have implications for                        power and responsibilities between the
                                                 be implemented each time. This                          federalism.
                                                 proposed rule provides advance notice                                                                         Federal Government and Indian tribes.
                                                 of actions the Coast Guard intends to                   6. Protest Activities                                 12. Energy Effects
                                                 take in the event a natural disaster                                                                             This proposed rule is not a
                                                 occurs.                                                   The Coast Guard respects the First
                                                                                                         Amendment rights of protesters.                       ‘‘significant energy action’’ under
                                                    There are already several special local                                                                    Executive Order 13211, Actions
                                                 regulations establishing regulated areas                Protesters are asked to contact the
                                                                                                         person listed in the FOR FURTHER                      Concerning Regulations That
                                                 around fireworks events. The safety                                                                           Significantly Affect Energy Supply,
                                                 zone that is being added is not expected                INFORMATION CONTACT section to
                                                                                                         coordinate protest activities so that your            Distribution, or Use.
                                                 to have a significant regulatory action
                                                 due to the use of safety zones temporary                message can be received without                       13. Technical Standards
                                                 final rules for each event.                             jeopardizing the safety or security of
                                                                                                                                                                 This proposed rule does not use
                                                                                                         people, places or vessels.
                                                 2. Impact on Small Entities                                                                                   technical standards. Therefore, we did
                                                                                                         7. Unfunded Mandates Reform Act                       not consider the use of voluntary
                                                    Under the Regulatory Flexibility Act                                                                       consensus standards.
                                                 (5 U.S.C. 601–612), we have considered                    The Unfunded Mandates Reform Act
                                                 the impact of this proposed rule on                     of 1995 (2 U.S.C. 1531–1538) requires                 14. Environment
                                                 small entities. The Coast Guard certifies               federal agencies to assess the effects of               We have analyzed this proposed rule
                                                 under 5 U.S.C. 605(b) that this proposed                their discretionary regulatory actions. In            under Department of Homeland
                                                 rule will not have a significant                        particular, the Act addresses actions                 Security Management Directive 023–01
                                                 economic impact on a substantial                        that may result in the expenditure by a               and Commandant Instruction
                                                 number of small entities.                               State, local, or tribal government, in the            M16475.lD, which guide the Coast
                                                    If you think that your business,                     aggregate, or by the private sector of                Guard in complying with the National
                                                 organization, or governmental                           $100,000,000 (adjusted for inflation) or              Environmental Policy Act of 1969
                                                 jurisdiction qualifies as a small entity                more in any one year. Though this                     (NEPA)(42 U.S.C. 4321–4370f), and
                                                 and that this rule would have a                         proposed rule would not result in such                have made a preliminary determination
                                                 significant economic impact on it,                      expenditure, we do discuss the effects of             that this action is one of a category of
                                                 please submit a comment (see                            this rule elsewhere in this preamble.                 actions that do not individually or
                                                 ADDRESSES) explaining why you think                                                                           cumulatively have a significant effect on
                                                 it qualifies and how and to what degree                 8. Taking of Private Property                         the human environment. This proposed
                                                 this rule would economically affect it.                                                                       rule is categorically excluded from
                                                                                                           This proposed rule would not cause a
                                                 3. Assistance for Small Entities                                                                              further review under paragraph 34(g) of
                                                                                                         taking of private property or otherwise
                                                                                                                                                               Figure 2–1 of the Commandant
                                                    Under section 213(a) of the Small                    have taking implications under
                                                                                                                                                               Instruction. A preliminary
                                                 Business Regulatory Enforcement                         Executive Order 12630, Governmental
                                                                                                                                                               environmental analysis checklist
                                                 Fairness Act of 1996 (Pub. L. 104–121),                 Actions and Interference with
                                                                                                                                                               supporting this determination is
                                                 we want to assist small entities in                     Constitutionally Protected Property
                                                                                                                                                               available in the docket where indicated
                                                 understanding this proposed rule. If the                Rights.
                                                                                                                                                               under ADDRESSES. We seek any
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                                                 rule would affect your small business,                  9. Civil Justice Reform                               comments or information that may lead
                                                 organization, or governmental                                                                                 to the discovery of a significant
                                                 jurisdiction and you have questions                        This proposed rule meets applicable                environmental impact from this
                                                 concerning its provisions or options for                standards in sections 3(a) and 3(b)(2) of             proposed rule.
                                                 compliance, please contact the person                   Executive Order 12988, Civil Justice
                                                 listed in the FOR FURTHER INFORMATION                   Reform, to minimize litigation,                       List of Subjects in 33 CFR Part 165
                                                 CONTACT section above. The Coast Guard                  eliminate ambiguity, and reduce                         Harbors, Marine safety, Navigation
                                                 will not retaliate against small entities               burden.                                               (water), Reporting and Recordkeeping


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                                                                        Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules                                             14337

                                                 Requirements, Security measures,                          (c) Regulations. (1) Hurricane Port                 other port/facility equipment
                                                 Waterways.                                              Condition WHISKEY. All vessel and                     preparations, and similar activities, but
                                                   For the reasons discussed in the                      port facilities must exercise due                     do not include moving cargo onto the
                                                 preamble, the Coast Guard proposes to                   diligence in preparation for potential                port or vessel loading/discharging
                                                 amend 33 CFR part 165 as follows:                       storm impacts. Ports and waterfront                   operations unless specifically
                                                                                                         facilities shall begin removing all debris            authorized by the COTP. All facilities
                                                 PART 165—REGULATED NAVIGATION                           and secure potential flying hazards.                  shall continue to operate in accordance
                                                 AREAS AND LIMITED ACCESS AREAS                          Container stacking plans shall be                     with approved Facility Security Plans
                                                                                                         implemented. Waterfront facilities that,              and comply with the requirements of
                                                 ■ 1. The authority citation for part 165                due to space constraints, are unable to               the Maritime Transportation Security
                                                 continues to read as follows:                           reduce container stacking height to no                Act (MTSA). Anticipate drawbridges
                                                   Authority: 33 U.S.C. 1225, 1231; 46 U.S.C.            more than four high, must submit a                    may be closed to vessel traffic as early
                                                 Chapter 701; 50 U.S.C. 191, 195; 33 CFR                 container stacking protocol to the                    as eight hours prior to the arrival of
                                                 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.              Captain of the Port (COTP).                           tropical storm force winds. Coast Guard
                                                 107–295, 116 Stat. 2064; Department of                     (2) Hurricane Port Condition X-Ray.                Port Assessment Teams will conduct
                                                 Homeland Security Delegation No. 0170.1.                All vessels and port facilities shall                 Port Condition Yankee validation. The
                                                 ■   2. Add § 165.780 to read as follows:                ensure that potential flying debris is                COTP will convene the Port Heavy
                                                                                                         removed or secured. Hazardous                         Weather Advisory Group (PHWAG) as
                                                 § 165.780 Safety Zone; Hurricanes and                   materials/pollution hazards must be                   deemed necessary.
                                                 other Disasters in Western Florida.                     secured in a safe manner and away from                   (4) Hurricane Port Condition ZULU.
                                                    (a) Regulated Areas. The following                   waterfront areas. Facilities continue to              All port waterfront operations are
                                                 areas are established as a safety zone                  implement container stacking protocol.                suspended excepting final preparations
                                                 during the specified conditions:                        Containers must not exceed four tiers                 as expressly permitted by the COTP
                                                    (1) All waters within the Sector St.                 unless previously approved by the                     necessary to ensure the safety of the
                                                 Petersburg Captain of the Port zone                     COTP. Containers carrying hazardous                   ports and facilities. Coast Guard Port
                                                 encompassing all navigable waters or                    materials may not be stacked above the                Assessment Teams will conduct final
                                                 tributaries between or within                           second tier. All oceangoing commercial                port assessments.
                                                 Fenholloway River through                               vessels greater than 500-gross tons must                 (5) Emergency Restrictions for Other
                                                 Chokoloskee Pass, Florida.                              prepare to depart the ports and                       Disasters. Any natural or other disasters
                                                    (2) All coordinates are North                        anchorages within Tampa Bay. These                    that are anticipated to affect the Sector
                                                 American Datum 1983.                                    vessels shall depart immediately upon                 St. Petersburg Captain of the Port zone
                                                    (b) Definitions.                                     the setting of Port Condition Yankee.                 will result in the prohibition of
                                                    (1) Designated Representative means                  Slow-moving vessels may be ordered to                 commercial vessel traffic transiting or
                                                 Coast Guard Patrol Commanders                           depart to ensure safe avoidance of the                remaining in the port or facility
                                                 including Coast Guard coxswains, petty                  incoming storm. A COTP Order will be                  operations.
                                                 officers and other officers operating                   issued to vessels asked to depart early.              ■ 3. Add § 165.781 to read as follows:
                                                 Coast Guard vessels, and federal, state,                COTP orders requiring vessel departure
                                                 and local officers designated by or                     will be considered on a case-by-case                  § 165.781 Safety Zone; Restricted Visibility
                                                 assisting the COTP, in the enforcement                  basis. Vessels that are unable to depart              in Tampa Bay.
                                                 of regulated navigation areas, safety                   the port must contact the COTP to                       (a) Regulated Areas. The following
                                                 zones, and security zones.                              request and receive permission to                     areas are established as safety zones
                                                    (2) Hurricane Port Condition                         remain in port. Proof of facility owner/              during the specified conditions:
                                                 WHISKEY means condition set when                        operator approval is required. Vessels                  (1) Zone 1 (Interbay) means all
                                                 weather advisories indicates sustained                  with COTP’s permission to remain in                   navigable waters within a box marked
                                                 gale force winds (39–54 mph/34–47                       port must implement their approved                    by the following coordinates: 27°52′56″
                                                 knots) from a tropical or hurricane force               mooring arrangement. Terminal                         N, 82°29′44″ W; thence to 27°52′50″ N,
                                                 storm are predicted to make landfall at                 operators shall prepare to terminate all              82°23′41″ W; thence to 27°57′27″ N,
                                                 the port within 72 hours.                               cargo operations. The COTP may require                82°23′50″ W thence to 27°57′19″ N,
                                                    (3) Hurricane Port Condition X-Ray                   additional precautions to ensure the                  82°29′39″ W. This encompasses all
                                                 means condition set when weather                        safety of the ports and waterways. Coast              navigable waterways north of
                                                 advisories indicates sustained gale force               Guard Port Assessment Teams will be                   Hillsborough Cut ‘‘C’’ Channel LB ‘‘25’’
                                                 winds (39–54 mph/34–47 knots) from a                    deployed to validate implementation of                (LLNR 23445) & ‘‘26’’ (LLNR 23450).
                                                 tropical or hurricane force storm are                   Port Condition X-Ray. The COTP will                     (2) Zone 2 (East Tampa/Big Bend)
                                                 predicted to make landfall at the port                  convene the Port Heavy Weather                        means all navigable waters within a box
                                                 within 48 hours.                                        Advisory Group (PHWAG) as deemed                      marked by the following coordinates:
                                                    (4) Hurricane Port Condition YANKEE                  necessary.                                            27°52′50″ N, 82°23′41″ W; thence to
                                                 means condition set when weather                           (3) Hurricane Port Condition                       27°46′36″ N; 82°24′04″ W; thence to
                                                 advisories indicate that sustained gale                 YANKEE. Affected ports are closed to                  27°46′29″ N, 82°31′21″ W; thence to
                                                 force winds (39–54 mph/34–47 knots)                     inbound vessel traffic. All oceangoing                27°52′59″ N, 82°31′24″ W. This zone
                                                 from a tropical or hurricane force storm                commercial vessels greater than 500-                  encompasses all navigable waterways
                                                 are predicted to make landfall at the                   gross tons must have departed Tampa                   between Hillsborough Cut ‘‘C’’ Channel
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                                                 port within 24 hours.                                   Bay. Appropriate container stacking                   LB ‘‘25’’ (LLNR 23445) & ‘‘26’’ (LLNR
                                                    (5) Hurricane Port Condition ZULU                    protocol must be completed. Terminal                  23450) to Cut ‘‘6F’’ (LLNR 22830)
                                                 means condition set when weather                        operators must terminate all cargo                    Channel.
                                                 advisories indicate that sustained gale                 operations not associated with storm                    (3) Zone 3 (Old Tampa Bay) means all
                                                 force winds (39–54 mph/34–47 knots)                     preparations: Cargo operations                        navigable waters within a box marked
                                                 from a tropical or hurricane force storm                associated with storm preparations                    by the following coordinates: 27°46′29″
                                                 are predicted to make landfall at the                   include moving cargo within or off the                N, 82°31′21″ W; 28°01′58″ N, 82°31′39″
                                                 port within 12 hours.                                   port for securing purposes, crane and                 W; thence to 28°02′01″ N, 82°43′20″ W;


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                                                 14338                  Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Proposed Rules

                                                 thence to 27°46′15″ N, 82°43′24″ W.                     ■   4. Add § 165.782 to read as follows:              transit through, anchor in, or remain in
                                                 This zone encompasses all navigable                                                                           the regulated area is granted by the
                                                 waterways between all of Old Tampa                      § 165.782 Safety Zone; Firework Displays              Captain of the Port St. Petersburg or a
                                                                                                         in Captain of the Port Zone St. Petersburg,
                                                 Bay to Cut ‘‘6F’’ (LLNR 22830) Channel.                 Florida.
                                                                                                                                                               designated representative, all persons
                                                    (4) Zone 4 (Middle Tampa Bay) means                                                                        and vessels receiving such authorization
                                                 all navigable waters within a box                          (a) Regulated Area. The following area
                                                                                                                                                               must comply with the instructions of
                                                 marked by the following coordinates:                    is established as a safety zone during the
                                                                                                                                                               the Captain of the Port St. Petersburg or
                                                 27°46′34″ N, 82°34′04″ W; thence to                     specified conditions: All waters within
                                                                                                                                                               a designated representative.
                                                 27°38′40″ N, 82°31′54″ W; thence to                     the Sector St. Petersburg COTP Zone                      (3) The Coast Guard will provide
                                                 27°44′38″ N, 82°40′44″ W; thence to                     within a 500-yard radius of all firework              notice of the regulated area via
                                                 27°46′15″ N, 82°40′46″ W. This zone                     platforms, structures or barges during                Broadcast Notice to Mariners or by on-
                                                 encompasses all navigable waterways                     the storage, preparation, and launching               scene designated representatives.
                                                 between Cut ‘‘6F’’ (LLNR 22830)                         of fireworks. Designated representatives              Fireworks platforms, piers, and
                                                 Channel to Tampa Bay ‘‘1C’’ (LLNR                       may reduce the 500-yard zone based on                 structures will also have signs to notify
                                                 22590).                                                 prevailing conditions and enforcement                 the public of the danger and to keep
                                                    (5) Zone 5 (Lower Tampa Bay/                         needs.                                                away.
                                                 Manatee) means all navigable waters                        (1) The Coast Guard realizes that some                (4) This regulation does not apply to
                                                 within a box marked by the following                    large scale events, such as those with                authorized law enforcement agencies
                                                 coordinates: 27°44′33″ N, 82°40′37″ W;                  many participants or spectators, or those             operating within the regulated area.
                                                 thence to 27°58′59″ N, 82°40′34″ W;                     that could severely restrict navigation or
                                                                                                         pose a significant hazard, may still                    Dated: February 11, 2015.
                                                 thence to 27°36′18″ N, 82°38′57″ W;
                                                 thence to 27°34′10″ N, 82°34′50″ W;                     require separate special local                        G. D. Case,
                                                 thence to 27°37′56″ N, 82°31′15″ W.                     regulations or safety zones that address              Captain, U.S. Coast Guard, Captain of the
                                                 This zone encompasses all navigable                     the specific peculiarities of the event. In           Port.
                                                 waterways between Tampa Bay ‘‘1C’’                      those situations, the Coast Guard will                [FR Doc. 2015–05743 Filed 3–18–15; 8:45 am]
                                                 (LLNR 22590) to Sunshine Skyway                         create special local regulations or safety            BILLING CODE 9110–04–P
                                                 Bridge.                                                 zones specifically for the event, and
                                                    (6) Zone 6 (Mullet Key) means all                    those regulations will supersede the
                                                 navigable waters within a box marked                    proposed regulations in this rule.                    ENVIRONMENTAL PROTECTION
                                                 by the following coordinates: 27°38′59″                    (2) All firework platforms, structures             AGENCY
                                                 N, 82°40′35″ W; thence to 27°36′44″ N,                  or barges will also have a sign on their
                                                 82°44′13″ W; thence to 27°32′20″ N,                     port and starboard side labeled                       40 CFR Parts 52 and 70
                                                 82°44′37″ W; thence to 27°31′18″ N,                     ‘‘FIREWORKS—STAY AWAY’’. This                         [EPA–R07–OAR–2015–0134; FRL–9924–43–
                                                 82°38′59″ W; thence to 27°34′09″ N,                     sign will consist of 10-inch high by 1.5-             Region 7]
                                                 82°34′53″ W; thence to 27°36′15″ N,                     inch wide red lettering on a white
                                                 82°39′00″ W. This zone encompasses all                  background. Shore fireworks site that                 Approval and Promulgation of Air
                                                 navigable waterways between the                         affect navigable waterways will display               Quality Implementation Plans; State of
                                                 Sunshine Skyway Bridge to Mullet Key                    a sign with the aforementioned                        Missouri; Reporting Emission Data,
                                                 Channel LB ‘‘21’’ (LLNR 22365) & ‘‘22’’                 specifications.                                       Emission Fees and Process
                                                 (LLNR 22370).                                              (b) Definition.                                    Information
                                                    (7) Zone 7 (Egmont Entrance) means                      Designated Representative means
                                                 all navigable waters within the area                    Coast Guard Patrol Commanders                         AGENCY:  Environmental Protection
                                                 encompassed by the following                            including Coast Guard coxswains, petty                Agency (EPA).
                                                 coordinates: 27°36′27″ N, 82°44′14″ W;                  officers and other officers operating                 ACTION: Proposed rule.
                                                 thence to 27°39′46″ N, 82°44′45″ W;                     Coast Guard vessels, and federal, state,
                                                                                                         and local officers designated by or                   SUMMARY:    The Environmental Protection
                                                 thence to 27°39′36″ N, 83°05′10″ W;
                                                                                                         assisting the COTP, in the enforcement                Agency (EPA) is proposing to approve
                                                 thence to 27°32′29″ N, 83°04′50″ W;
                                                                                                         of regulated navigation areas, safety                 revisions to the State Implementation
                                                 thence to 27°32′21″ N, 82°44′42″ W.
                                                                                                         zones, and security zones. Captain of                 Plan (SIP) and the Operating Permits
                                                 This zone includes the fairway
                                                                                                         the Port (COTP) for the purpose of this               Program for the State of Missouri
                                                 anchorages.
                                                                                                         section means the Commanding Officer                  submitted on October 2, 2013. These
                                                    (b) Definition. (1) Designated
                                                                                                         of Coast Guard Sector St. Petersburg.                 revisions remove definitions that were
                                                 Representative means Coast Guard
                                                                                                         Captain of the Port St. Petersburg Zone               in this rule but have been moved to the
                                                 Patrol Commanders including Coast
                                                                                                         is defined in 33 CFR 3.35–35.                         state’s general definitions rule. These
                                                 Guard coxswains, petty officers and
                                                                                                            (c) Regulations. (1) All persons and               revisions also clarify the information
                                                 other officers operating Coast Guard
                                                                                                         vessels are prohibited from entering,                 required in emission reports and clarify
                                                 vessels, and federal, state, and local
                                                                                                         transiting through, anchoring in, or                  the types and frequency of reports for
                                                 officers designated by or assisting the
                                                                                                         remaining within the regulated area                   the emission inventory. In addition, a
                                                 COTP, in the enforcement of regulated
                                                                                                         unless authorized by the Coast Guard                  revision to the emission fees section of
                                                 navigation areas, safety zones, and
                                                                                                         Captain of the Port St. Petersburg or a               this rule is being clarified so that the
                                                 security zones.
                                                    (c) Regulations. (1) Vessel should not               designated representative.                            current emissions fee is only applicable
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                                                 commence an inbound, shift, or                             (2) Persons and vessels desiring to                for years 2013, 2014, and 2015 as set by
                                                 outbound transit during periods where                   enter, transit through, anchor in, or                 Missouri statute.
                                                 visibility is less than one nautical mile               remain in the regulated area may                      DATES: Comments on this proposed
                                                 due to fog or inclement weather.                        contact the Captain of the Port St.                   action must be received in writing by
                                                    (2) The COTP may open or close                       Petersburg via telephone at (727) 824–                April 20, 2015.
                                                 Tampa Bay or specific zones to vessel                   7506, or a designated representative via              ADDRESSES: Submit your comments,
                                                 traffic described in the regulated areas                VHF radio on channel 16, to request                   identified by Docket ID No. EPA–R07–
                                                 section of this chapter.                                authorization. If authorization to enter,             OAR–2015–0134, by mail to Paula


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Document Created: 2018-02-21 09:42:05
Document Modified: 2018-02-21 09:42:05
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.
DatesComments and related material must be received by the Coast Guard on or before April 20, 2015.
ContactIf 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.
FR Citation80 FR 14335 
RIN Number1625-AA00 and 1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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