80_FR_22980 80 FR 22901 - Safety Zone; 24 Mile Tampa Bay Marathon Swim, Tampa Bay; Tampa, FL

80 FR 22901 - Safety Zone; 24 Mile Tampa Bay Marathon Swim, Tampa Bay; Tampa, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 79 (April 24, 2015)

Page Range22901-22903
FR Document2015-09580

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

Federal Register, Volume 80 Issue 79 (Friday, April 24, 2015)
[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Rules and Regulations]
[Pages 22901-22903]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09580]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

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

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

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0071]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Tyrone J. Stafford, Sector St. Petersburg Prevention 
Department, U.S. Coast Guard; telephone (813) 228-2191, email [email protected]. If you have questions on viewing or submitting 
material to the docket, call Rich Walter, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

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

[[Page 22902]]

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Any delay in the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to minimize potential hazards associated with a 
marathon swim with approximately 30 swimmers involved.

B. Basis and Purpose

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

C. Discussion of the Final Rule

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

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. The economic impact of 
this rule is not significant for the following reasons: (1) The safety 
zone will be enforced for seventeen hours; (2) although non-participant 
persons and vessels will not be able to enter, transit through, anchor 
in, or remain within the safety zone without authorization from the 
Captain of the Port St. Petersburg or a designated representative, they 
may operate in the surrounding areas during the enforcement period; (3) 
non-participant persons and vessels may still enter, transit through, 
anchor in, or remain within the safety zone during the enforcement 
period if authorized by the Captain of the Port St. Petersburg or a 
designated representative; and (4) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners and/or Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule may affect the following entities, some of 
which may be small entities: The owners or operators of non-participant 
vessels intending to enter, transit through, anchor in, or remain 
within the safety zone described in this regulation during the 
respective enforcement period. For the reasons discussed in the 
Regulatory Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your

[[Page 22903]]

message can be received without jeopardizing the safety or security of 
people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction. This rule involves establishing 
a temporary safety zone that will be enforced for 17 hours total. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

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


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

    (a) The following regulated area is a safety zone: All waters 
within a 50-yard radius around safety vessels including kayaks.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port St. Petersburg in the enforcement of the regulated 
areas.
    (c) Regulations. (1) Non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in or remaining 
within the regulated area unless authorized by the Captain of the Port 
St. Petersburg or a designated representative.
    (2) Non-participant persons and vessels desiring to enter, transit 
through, anchor in, or remain within the regulated area may contact the 
Captain of the Port St. Petersburg by telephone at (727) 824-7506, or a 
designated representative via VHF radio on channel 16. If authorization 
to enter, transit through, anchor in, or remain within the regulated 
area is granted by the Captain of the Port St. Petersburg or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port St. Petersburg or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and/or on-scene 
designated representatives.
    (d) Enforcement date. This rule will be enforced from 4 a.m. until 
9 p.m. on April 25, 2015.

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



                                                                 Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Rules and Regulations                                       22901

                                            ACTION: Notice of enforcement of                        effective dates and times, unless                     safety zone will establish a moving
                                            regulation.                                             authorized to do so by the PATCOM.                    protective area around safety vessels
                                                                                                    Additionally, each person who receives                including kayaks involved in the race.
                                            SUMMARY:    The Coast Guard will enforce                notice of a lawful order or direction                 Persons and vessels, except those
                                            the safety zone for the Fourth of July                  issued by an official patrol vessel shall             participating in the event, will be
                                            Fireworks, Tahoe City, CA in the                        obey the order or direction. The                      prohibited from entering, transiting
                                            Captain of the Port, San Francisco area                 PATCOM is empowered to forbid entry                   through, anchoring in, or remaining
                                            of responsibility during the dates and                  into and control the regulated area. The              within the regulated area unless
                                            times noted below. This action is                       PATCOM shall be designated by the                     authorized by the Captain of the Port St.
                                            necessary to protect life and property of               Commander, Coast Guard Sector San                     Petersburg or a designated
                                            the maritime public from the hazards                    Francisco. The PATCOM may, upon                       representative.
                                            associated with the fireworks display.                  request, allow the transit of commercial
                                            During the enforcement period,                                                                                DATES:  This rule will be effective from
                                                                                                    vessels through regulated areas when it
                                            unauthorized persons or vessels are                                                                           April 24, 2015 through April 25, 2015.
                                                                                                    is safe to do so.
                                            prohibited from entering into, transiting                  This notice is issued under authority              This rule will be enforced from 4 a.m.
                                            through, or anchoring in the safety zone,               of 33 CFR 165.1191 and 5 U.S.C. 552 (a).              until 9 p.m. on April 25, 2015.
                                            unless authorized by the Patrol                         In addition to this notice in the Federal             ADDRESSES: Documents mentioned in
                                            Commander (PATCOM).                                     Register, the Coast Guard will provide                this preamble are part of docket [USCG–
                                            DATES: The regulations in 33 CFR                        the maritime community with extensive                 2015–0071]. To view documents
                                            165.1191, Table 1, Item number 15, will                 advance notification of the safety zone               mentioned in this preamble as being
                                            be enforced from 7 a.m. through 10 p.m.                 and its enforcement period via the Local              available in the docket, go to http://
                                            on July 4, 2015.                                        Notice to Mariners. If the Captain of the             www.regulations.gov, type the docket
                                            FOR FURTHER INFORMATION CONTACT: If                     Port determines that the regulated area               number in the ‘‘SEARCH’’ box and click
                                            you have questions on this notice, call                 need not be enforced for the full                     ‘‘SEARCH.’’ Click on Open Docket
                                            or email Lieutenant Marcia Medina,                      duration stated in this notice, a                     Folder on the line associated with this
                                            Sector San Francisco Waterways Safety                   Broadcast Notice to Mariners may be                   rulemaking. You may also visit the
                                            Division, U.S. Coast Guard; telephone                   used to grant general permission to                   Docket Management Facility in Room
                                            415–399–7442, email D11-PF-                             enter the regulated area.                             W12–140 on the ground floor of the
                                            MarineEvents@uscg.mil.                                    Dated: April 7, 2015.
                                                                                                                                                          Department of Transportation West
                                            SUPPLEMENTARY INFORMATION: The Coast
                                                                                                                                                          Building, 1200 New Jersey Avenue SE.,
                                                                                                    Gregory G. Stump,
                                            Guard will enforce a safety zone in                                                                           Washington, DC 20590, between 9 a.m.
                                                                                                    Captain, U.S. Coast Guard, Captain of the             and 5 p.m., Monday through Friday,
                                            navigable waters around and under the                   Port San Francisco.
                                            fireworks barge within a radius of 100                                                                        except Federal holidays.
                                                                                                    [FR Doc. 2015–09590 Filed 4–23–15; 8:45 am]
                                            feet during the loading, transit, and                                                                         FOR FURTHER INFORMATION CONTACT: If
                                                                                                    BILLING CODE 9110–04–P
                                            arrival of the fireworks barge to the                                                                         you have questions on this rule, call or
                                            display location and until the start of                                                                       email Tyrone J. Stafford, Sector St.
                                            the fireworks display. From 7 a.m. until                DEPARTMENT OF HOMELAND                                Petersburg Prevention Department, U.S.
                                            8 a.m. on July 4, 2015, the fireworks                   SECURITY                                              Coast Guard; telephone (813) 228–2191,
                                            barge will be loading pyrotechnics off of                                                                     email D07-SMB-Tampa-WWM@
                                            Tahoe Keys Marina in South Lake                         Coast Guard                                           uscg.mil. If you have questions on
                                            Tahoe, CA in approximate position                                                                             viewing or submitting material to the
                                            38°56′05″ N., 120°00′09″ W. (NAD 83).                   33 CFR Part 165                                       docket, call Rich Walter, Program
                                            From 8 a.m. to 2 p.m. on July 4, 2015,                                                                        Manager, Docket Operations, telephone
                                                                                                    [Docket Number USCG–2015–0071]
                                            the loaded fireworks barge will transit                                                                       (202) 366–9826.
                                            from Tahoe Keys Marina to the launch                    RIN 1625–AA00
                                                                                                                                                          SUPPLEMENTARY INFORMATION:
                                            site off of Tahoe City, CA in
                                            approximate position 39°10′09″ N.,                      Safety Zone; 24 Mile Tampa Bay                        Table of Acronyms
                                            120°08′16″ W. (NAD 83) where it will                    Marathon Swim, Tampa Bay; Tampa,
                                                                                                                                                          DHS Department of Homeland Security
                                            remain until the commencement of the                    FL                                                    FR Federal Register
                                            fireworks display. Upon the                             AGENCY:    Coast Guard, DHS.                          NPRM Notice of Proposed Rulemaking
                                            commencement of the 15 minute                           ACTION:   Temporary final rule.                       A. Regulatory History and Information
                                            fireworks display, scheduled to begin at
                                            9:30 p.m. on July 4, 2015, the safety                   SUMMARY:   The Coast Guard establishes a                On March 9, 2015, a notice of
                                            zone will increase in size to encompass                 temporary moving safety zone on the                   proposed rulemaking (NPRM) entitled
                                            the navigable waters around and under                   waters of Tampa Bay in the vicinity of                Safety Zone; 24 Mile Tampa Bay
                                            the fireworks barge within a radius                     Tampa, Florida during the 24 Mile                     Marathon Swim; Tampa Bay; Tampa, FL
                                            1,000 feet in approximate position                      Tampa Bay Marathon Swim. The 24                       was published in the Federal Register
                                            39°10′09″ N., 120°08′16″ W. (NAD 83)                    Mile Tampa Bay Marathon Swim is                       (80 FR 12365). Only 1 comment was
                                            for the Fourth of July Fireworks, Tahoe                 scheduled to take place on April 25,                  received; however, the comment was
                                            City, CA in 33 CFR 165.1191, Table 1,                   2015. Approximately 30 swimmers are                   provided under a separate event (Swim
                                            Item number 15. This safety zone will                   anticipated to participate in the                     Around Lido Key) comment section.
                                            be in effect from 7 a.m. until 10 p.m. on               marathon swim event. No spectators are                The comment stated concern for a safety
tkelley on DSK3SPTVN1PROD with RULES




                                            July 4, 2015.                                           expected to be present during the event.              zone encompassing the entire 24 mile
                                               Under the provisions of 33 CFR                       The safety zone is necessary to provide               swim route for the event. The safety
                                            165.1191, unauthorized persons or                       for the safety of the participants,                   zone will be a moving zone that will not
                                            vessels are prohibited from entering                    participant vessels, and the general                  impact any other areas of the race path
                                            into, transiting through, or anchoring in               public on the navigable waters of the                 while not in use by the swimmers
                                            the safety zone during all applicable                   United States during the event. The                   during the race.


                                       VerDate Sep<11>2014   15:47 Apr 23, 2015   Jkt 235001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\24APR1.SGM   24APR1


                                            22902                Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Rules and Regulations

                                              Under 5 U.S.C. 553(d)(3), the Coast                   Guard will provide notice of the safety               participant vessels intending to enter,
                                            Guard finds that good cause exists for                  zone by Local Notice to Mariners,                     transit through, anchor in, or remain
                                            making this rule effective less than 30                 Broadcast Notice to Mariners, and/or                  within the safety zone described in this
                                            days after publication in the Federal                   on-scene designated representatives.                  regulation during the respective
                                            Register. Any delay in the effective date                                                                     enforcement period. For the reasons
                                                                                                    D. Regulatory Analyses
                                            of this rule would be contrary to the                                                                         discussed in the Regulatory Planning
                                            public interest because immediate                         We developed this rule after                        and Review section above, this rule will
                                            action is needed to minimize potential                  considering numerous statutes and                     not have a significant economic impact
                                            hazards associated with a marathon                      executive orders related to rulemaking.               on a substantial number of small
                                            swim with approximately 30 swimmers                     Below we summarize our analyses                       entities.
                                            involved.                                               based on these statutes and executive
                                                                                                    orders.                                               3. Assistance for Small Entities
                                            B. Basis and Purpose                                                                                             Under section 213(a) of the Small
                                                                                                    1. Regulatory Planning and Review
                                              The legal basis for this rule is the                                                                        Business Regulatory Enforcement
                                            Coast Guard’s authority to establish                       This rule is not a significant                     Fairness Act of 1996 (Pub. L. 104–121),
                                            regulated navigation areas and other                    regulatory action under section 3(f) of               we want to assist small entities in
                                            limited access areas: 33 U.S.C. 1231; 50                Executive Order 12866, Regulatory                     understanding this rule. If the rule
                                            U.S.C. 191; 33 CFR 1.05–1, 6.04–1,                      Planning and Review, as supplemented                  would affect your small business,
                                            6.04–6, and 160.5; Department of                        by Executive Order 13563, Improving                   organization, or governmental
                                            Homeland Security Delegation No.                        Regulation and Regulatory Review, and                 jurisdiction and you have questions
                                            0170.1.                                                 does not require an assessment of                     concerning its provisions or options for
                                              The purpose of the rule is to provide                 potential costs and benefits under                    compliance, please contact the person
                                            for the safety of life on navigable waters              section 6(a)(3) of Executive Order 12866              listed in the FOR FURTHER INFORMATION
                                            of the United States during the                         or under section 1 of Executive Order                 CONTACT section above.
                                            swimming event.                                         13563. The Office of Management and                      Small businesses may send comments
                                                                                                    Budget has not reviewed it under those                on the actions of Federal employees
                                            C. Discussion of the Final Rule                         Orders. The economic impact of this                   who enforce, or otherwise determine
                                               On April 25, 2015, Distance Matters,                 rule is not significant for the following             compliance with, Federal regulations to
                                            Inc. is sponsoring The 24 Mile Tampa                    reasons: (1) The safety zone will be                  the Small Business and Agriculture
                                            Bay Marathon Swim. This open water                      enforced for seventeen hours; (2)                     Regulatory Enforcement Ombudsman
                                            swim event will be held on the waters                   although non-participant persons and                  and the Regional Small Business
                                            of Tampa Bay, Tampa, Florida.                           vessels will not be able to enter, transit            Regulatory Fairness Boards. The
                                            Approximately 30 participants are                       through, anchor in, or remain within the              Ombudsman evaluates these actions
                                            anticipated to participate in the event.                safety zone without authorization from                annually and rates each agency’s
                                            No spectator vessels are expected during                the Captain of the Port St. Petersburg or             responsiveness to small business. If you
                                            the event.                                              a designated representative, they may                 wish to comment on actions by
                                               This rule will establish a temporary                 operate in the surrounding areas during               employees of the Coast Guard, call 1–
                                            moving safety zone that will encompass                  the enforcement period; (3) non-                      888–REG–FAIR (1–888–734–3247). The
                                            certain waters of Tampa Bay located in                  participant persons and vessels may still             Coast Guard will not retaliate against
                                            the vicinity of Tampa, Florida. The                     enter, transit through, anchor in, or                 small entities that question or complain
                                            temporary moving safety zone will be                    remain within the safety zone during                  about this rule or any policy or action
                                            enforced from 4 a.m. until 9 p.m. on                    the enforcement period if authorized by               of the Coast Guard.
                                            April 25, 2015. The safety zone will                    the Captain of the Port St. Petersburg or
                                            establish a moving protective area                      a designated representative; and (4) the              4. Collection of Information
                                            around all safety vessels involved in the               Coast Guard will provide advance                         This rule will not call for a new
                                            race. Persons and vessels, except those                 notification of the safety zone to the                collection of information under the
                                            participating in the event, will be                     local maritime community by Local                     Paperwork Reduction Act of 1995 (44
                                            prohibited from entering, transiting                    Notice to Mariners and/or Broadcast                   U.S.C. 3501–3520).
                                            through, anchoring in, or remaining                     Notice to Mariners.
                                            within the regulated area unless                                                                              5. Federalism
                                            authorized by the Captain of the Port St.               2. Impact on Small Entities
                                                                                                                                                             A rule has implications for federalism
                                            Petersburg or a designated                                 The Regulatory Flexibility Act of 1980             under Executive Order 13132,
                                            representative.                                         (RFA), 5 U.S.C. 601–612, as amended,                  Federalism, if it has a substantial direct
                                               Persons and vessels may request                      requires federal agencies to consider the             effect on the States, on the relationship
                                            authorization to enter, transit through,                potential impact of regulations on small              between the national government and
                                            anchor in, or remain within the                         entities during rulemaking. The term                  the States, or on the distribution of
                                            enforcement areas by contacting the                     ‘‘small entities’’ comprises small                    power and responsibilities among the
                                            Captain of the Port St. Petersburg by                   businesses, not-for-profit organizations              various levels of government. We have
                                            telephone at (727) 824–7506, or a                       that are independently owned and                      analyzed this rule under that Order and
                                            designated representative via VHF radio                 operated and are not dominant in their                determined that this rule does not have
                                            on channel 16. If authorization to enter,               fields, and governmental jurisdictions                implications for federalism.
                                            transit through, anchor in, or remain                   with populations of less than 50,000.
                                            within the event area is granted by the                 The Coast Guard certifies under 5 U.S.C.              6. Protest Activities
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                                            Captain of the Port St. Petersburg or a                 605(b) that this rule will not have a                    The Coast Guard respects the First
                                            designated representative, all persons                  significant economic impact on a                      Amendment rights of protesters.
                                            and vessels receiving such authorization                substantial number of small entities.                 Protesters are asked to contact the
                                            must comply with the instructions of                    This rule may affect the following                    person listed in the FOR FURTHER
                                            the Captain of the Port St. Petersburg or               entities, some of which may be small                  INFORMATION CONTACT section to
                                            a designated representative. The Coast                  entities: The owners or operators of non-             coordinate protest activities so that your


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                                                                 Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Rules and Regulations                                              22903

                                            message can be received without                         14. Environment                                          (2) Non-participant persons and
                                            jeopardizing the safety or security of                    We have analyzed this rule under                    vessels desiring to enter, transit through,
                                            people, places or vessels.                              Department of Homeland Security                       anchor in, or remain within the
                                                                                                    Management Directive 023–01 and                       regulated area may contact the Captain
                                            7. Unfunded Mandates Reform Act
                                                                                                    Commandant Instruction M16475.lD,                     of the Port St. Petersburg by telephone
                                              The Unfunded Mandates Reform Act                                                                            at (727) 824–7506, or a designated
                                                                                                    which guide the Coast Guard in
                                            of 1995 (2 U.S.C. 1531–1538) requires                                                                         representative via VHF radio on channel
                                                                                                    complying with the National
                                            Federal agencies to assess the effects of                                                                     16. If authorization to enter, transit
                                                                                                    Environmental Policy Act of 1969
                                            their discretionary regulatory actions. In                                                                    through, anchor in, or remain within the
                                                                                                    (NEPA) (42 U.S.C. 4321–4370f), and
                                            particular, the Act addresses actions                                                                         regulated area is granted by the Captain
                                                                                                    have determined that this action is one
                                            that may result in the expenditure by a                                                                       of the Port St. Petersburg or a designated
                                                                                                    of a category of actions that do not
                                            State, local, or tribal government, in the                                                                    representative, all persons and vessels
                                                                                                    individually or cumulatively have a
                                            aggregate, or by the private sector of                                                                        receiving such authorization must
                                                                                                    significant effect on the human
                                            $100,000,000 (adjusted for inflation) or                                                                      comply with the instructions of the
                                                                                                    environment. This rule is categorically
                                            more in any one year. Though this rule                                                                        Captain of the Port St. Petersburg or a
                                                                                                    excluded, under figure 2–1, paragraph
                                            will not result in such an expenditure,                                                                       designated representative.
                                                                                                    (34)(g), of the Instruction. This rule
                                            we do discuss the effects of this rule                                                                           (3) The Coast Guard will provide
                                                                                                    involves establishing a temporary safety
                                            elsewhere in this preamble.                                                                                   notice of the regulated area by Local
                                                                                                    zone that will be enforced for 17 hours
                                                                                                                                                          Notice to Mariners, Broadcast Notice to
                                            8. Taking of Private Property                           total. An environmental analysis
                                                                                                                                                          Mariners, and/or on-scene designated
                                              This rule will not cause a taking of                  checklist and a categorical exclusion
                                                                                                                                                          representatives.
                                            private property or otherwise have                      determination are available in the                       (d) Enforcement date. This rule will
                                            taking implications under Executive                     docket where indicated under                          be enforced from 4 a.m. until 9 p.m. on
                                            Order 12630, Governmental Actions and                   ADDRESSES.
                                                                                                                                                          April 25, 2015.
                                            Interference with Constitutionally                      List of Subjects in 33 CFR Part 165                     Dated: April 1, 2015.
                                            Protected Property Rights.
                                                                                                      Harbors, Marine safety, Navigation                  G. D. Case,
                                            9. Civil Justice Reform                                 (water), Reporting and recordkeeping                  Captain, U.S. Coast Guard, Captain of the
                                                                                                    requirements, Security measures,                      Port St. Petersburg.
                                              This rule meets applicable standards
                                            in sections 3(a) and 3(b)(2) of Executive               Waterways.                                            [FR Doc. 2015–09580 Filed 4–23–15; 8:45 am]
                                            Order 12988, Civil Justice Reform, to                     For the reasons discussed in the                    BILLING CODE 9110–04–P

                                            minimize litigation, eliminate                          preamble, the Coast Guard amends 33
                                            ambiguity, and reduce burden.                           CFR part 165 as follows:
                                                                                                                                                          DEPARTMENT OF HOMELAND
                                            10. Protection of Children                              PART 165—REGULATED NAVIGATION                         SECURITY
                                              We have analyzed this rule under                      AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                          Coast Guard
                                            Executive Order 13045, Protection of
                                            Children from Environmental Health                      ■ 1. The authority citation for part 165
                                                                                                    continues to read as follows:                         33 CFR Part 165
                                            Risks and Safety Risks. This rule is not
                                            an economically significant rule and                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           [Docket No. USCG–2015–0221]
                                            does not create an environmental risk to                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                    Department of Homeland Security Delegation            RIN 1625–AA00
                                            health or risk to safety that may
                                            disproportionately affect children.                     No. 0170.1.
                                                                                                                                                          Safety Zone: Giants Enterprises
                                                                                                    ■ 2. Add a temporary § 165.T07–0071 to                Fireworks Display, San Francisco Bay,
                                            11. Indian Tribal Governments
                                                                                                    read as follows:                                      San Francisco, CA
                                               This rule does not have tribal
                                            implications under Executive Order                      § 165.T07–0071 Safety Zone; 24 Mile                   AGENCY:    Coast Guard, DHS.
                                            13175, Consultation and Coordination                    Tampa Bay Marathon Swim, Tampa Bay;                   ACTION:   Temporary final rule.
                                                                                                    Tampa, FL.
                                            with Indian Tribal Governments,
                                                                                                      (a) The following regulated area is a               SUMMARY:   The Coast Guard is
                                            because it does not have a substantial
                                                                                                    safety zone: All waters within a 50-yard              establishing a temporary safety zone in
                                            direct effect on one or more Indian
                                                                                                    radius around safety vessels including                the navigable waters of the San
                                            tribes, on the relationship between the
                                                                                                    kayaks.                                               Francisco Bay near AT&T Park in
                                            Federal Government and Indian tribes,
                                                                                                      (b) Definition. The term ‘‘designated               support of Giants Enterprises Fireworks
                                            or on the distribution of power and
                                                                                                    representative’’ means Coast Guard                    Display on May 22, 2015. This safety
                                            responsibilities between the Federal
                                                                                                    Patrol Commanders, including Coast                    zone is established to ensure the safety
                                            Government and Indian tribes.
                                                                                                    Guard coxswains, petty officers, and                  of participants and spectators from the
                                            12. Energy Effects                                      other officers operating Coast Guard                  dangers associated with pyrotechnics.
                                              This action is not a ‘‘significant                    vessels, and Federal, state, and local                Unauthorized persons or vessels are
                                            energy action’’ under Executive Order                   officers designated by or assisting the               prohibited from entering into, transiting
                                            13211, Actions Concerning Regulations                   Captain of the Port St. Petersburg in the             through, or remaining in the safety zone
                                            That Significantly Affect Energy Supply,                enforcement of the regulated areas.                   without permission of the Captain of the
                                            Distribution, or Use.                                     (c) Regulations. (1) Non-participant                Port or their designated representative.
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                                                                                                    persons and vessels are prohibited from               DATES: This rule is effective on May 22,
                                            13. Technical Standards                                 entering, transiting through, anchoring               2015. This rule will be enforced from 11
                                              This rule does not use technical                      in or remaining within the regulated                  a.m. to 9:30 p.m. on May 22, 2015.
                                            standards. Therefore, we did not                        area unless authorized by the Captain of              ADDRESSES: Documents mentioned in
                                            consider the use of voluntary consensus                 the Port St. Petersburg or a designated               this preamble are part of docket USCG–
                                            standards.                                              representative.                                       2015–0221. To view documents


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Document Created: 2015-12-16 08:43:24
Document Modified: 2015-12-16 08:43:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule will be effective from April 24, 2015 through April 25, 2015. This rule will be enforced from 4 a.m. until 9 p.m. on April 25, 2015.
ContactIf you have questions on this rule, call or email Tyrone J. Stafford, Sector St. Petersburg Prevention Department, U.S. Coast Guard; telephone (813) 228-2191, email D07-SMB- [email protected] If you have questions on viewing or submitting material to the docket, call Rich Walter, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 22901 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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