80 FR 71693 - Safety Zone; Unexploded Ordnance Detonation; Passage Key, FL
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 221 (November 17, 2015)
Coast Guard
Federal Register Volume 80, Issue 221 (November 17, 2015)
| Page Range | 71693-71695 | |
| FR Document | 2015-29347 |
[Federal Register Volume 80, Number 221 (Tuesday, November 17, 2015)] [Rules and Regulations] [Pages 71693-71695] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29347] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2015-0989] RIN 1625-AA00 Safety Zone; Unexploded Ordnance Detonation; Passage Key, FL AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone within a 2000-ft radius of an ordnance detonation area. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the unexploded ordnance detonation. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port St. Petersburg. DATES: This rule is effective without actual notice from November 17, 2015 through December 18, 2015. For the purposes of enforcement, actual notice will be used from November 6, 2015 through November 17, 2015. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2015-0989 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Boatswain's Mate First Class Tyrone J. Stafford, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228- 2191 ext. 8307, email Tyrone.j.stafford@uscg.mil. [[Page 71694]] II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest''. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the Coast Guard was not aware of the ordinance removal operation or details needed to implement a safety zone in time to publish an NPRM and to receive public comments. It is impracticable and contrary to the public interest to publish an NPRM because we must establish this safety zone by November 06, 2015 to ensure the protection of personnel, vessels, and the marine environment from potential hazards created by the unexploded ordnance detonation. We are issuing this temporary final rule and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register for the same reasons discussed above. The need for this safety zone has been deemed necessary as the detonation of unexploded ordnance will occur during the dates specified in this document. The purpose of this event is to clear any unexploded ordnance from a former gunnery training site. The Passage Key Air-to Ground Gunnery Range area was formerly used for arial training during World War II. The U.S. Army Corps of Engineers USACE will search for and destroy any ordinance found in the vicinity of Passage Key with controlled explosives. The safety zone will incorporate a 2000-ft buffer area outside of the investigation and detonation area. The U.S. USACE will be responsible for the detonation of ordnance within the specified area. III. Legal Authority and Need for Rule The legal basis for the rule is the Coast Guard's authority to establish regulated navigation areas and limited access areas: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation No. 0170.1. The purpose of this rule is to protect the personnel, vessels, and the marine environment in the navigable waters within the safety zone. IV. Discussion of the Rule This rule establishes a safety zone from November 06, 2015 through December 18, 2015. The safety zone will include waters within a 2000-ft radius of the unexploded ordnance detonation zone around the Passage Key Air-to-Ground Gunnery Range located in Manatee County, FL, identified by several law enforcement vessels showing flashing blue lights. All persons and vessels are prohibited from entering or remaining in the safety zone unless authorized by the Captain of the Port St. Petersburg or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on a number of these statutes and E.O.s, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review E.O.s 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-year of the safety zone. Vessel traffic will be able to safely transit around the safety zone. The safety zone will only be enforced for a total of 36 days between the hours of 6 a.m. and 6 p.m., in a location where commercial vessel traffic is expected to be minimal. Commercial vessel traffic may transit the safety zone to the extent compatible with public safety if authorized by the Captain of the Port or designated representatives. The Coast Guard will provide advance notification of the safety zone to the local community by a Local Notice to Mariners. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under E.O. 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132. [[Page 71695]] Also, this rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting no more than 36 days. It will prohibit entry within all navigable waters within a 2000-ft radius of an unexploded ordnance detonation zone identified by law enforcement vessels showing flashing blue lights in the vicinity of Passage Key Air-to-Ground Gunnery Range located in Manatee County, FL. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T07-0989 to read as follows: Sec. 165.T07-0989 Safety Zone; Unexploded Ordnance Detonation; Passage Key, FL. (a) Regulated areas. The following regulated area is a safety zone; all waters within a 2000-ft radius of the unexploded ordnance detonation zone around the Passage Key Air-to-Ground Gunnery Range located in Manatee County, FL, identified by several law enforcement vessels showing flashing blue lights. (b) Definition. The term ``designated representative'' means Coast Guard Patrol Commanders, including Coast Guard boat coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officials designated by or assisting the Captain of the Port St. Petersburg in the enforcement of the regulated areas. (c) Enforcement period. This rule is effective without actual notice from November 17, 2015 through December 18, 2015. For purposes of enforcement, actual notice will be used from November 6, 2015 through November 17, 2015. (d) Regulations. (1) All persons and vessels desiring to enter or remain within the regulated area may contact the Captain of the Port St. Petersburg by telephone at (727) 824-7524, or a designated representative via VHF radio on channel 16, to request authorization. (2) If authorization to enter or remain within the regulated area is granted by the Captain of the Port St. Petersburg or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port St. Petersburg or a designated representative. Recreational vessels authorized to enter the regulated area may be subject to boarding and inspection of the vessel and persons onboard. (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, and/or on-scene designated representatives. Dated: November 10, 2015. G.D. Case, Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg. [FR Doc. 2015-29347 Filed 11-16-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 221 / Tuesday, November 17, 2015 / Rules and Regulations 71693
owner of the information expressly Authority: 5 U.S.C. 301; 19 U.S.C. 66, papers of the importer of record which
agrees in writing to its release: 1600, 1619, 1624. are exempted from disclosure by 5
* * * * * * * * * * U.S.C. 552(b)(4). Identifying data is not
Section 161.15 also issued under 5 to be deleted from petitions filed by
§ 103.32 [Amended] U.S.C. 552. American manufacturers, producers,
■ 8. In § 103.32: ■ 12. Section 161.15 is revised to read and wholesalers pursuant to section
■ a. In the parenthetical clause in the as follows: 516, Tariff Act of 1930, as amended (19
first sentence, add the words ‘‘or CBP U.S.C. 1516).
§ 161.15 Confidentiality for informant.
Decisions’’ after the words ‘‘Treasury Dated: November 9, 2015.
Decisions’’; The name and address of the
informant must be kept confidential. No R. Gil Kerlikowske,
■ b. Remove the word ‘‘Customs’’ each
files or information will be revealed Commissioner, U.S. Customs and Border
place it appears and add in its place the
which might aid in the unauthorized Protection.
term ‘‘CBP’’;
■ c. Remove the word ‘‘shall’’ each identification of an informant. Pursuant [FR Doc. 2015–29183 Filed 11–16–15; 8:45 am]
place it appears and add in its place the to 5 U.S.C. 552(b)(7)(D), specific BILLING CODE 9111–14–P
word ‘‘must’’; and informant records that are exempt from
■ d. Remove the reference in the last disclosure are those that could
sentence to ‘‘§ 103.5’’ and add in its reasonably be expected to disclose the DEPARTMENT OF HOMELAND
place ‘‘6 CFR 5.3’’. identity of a confidential source, SECURITY
■ 9. In § 103.34: including a state, local, or foreign
■ a. The section heading is revised; authority or any private institution Coast Guard
■ b. Paragraph (a) is amended by: which furnished information on a
■ i. Removing the word ‘‘Customs’’ each confidential basis, and, in the case of a 33 CFR Part 165
place it appears and adding in its place record or information compiled by a
the term ‘‘CBP’’; criminal law enforcement authority in [Docket No. USCG–2015–0989]
■ ii. Removing the phrase ‘‘the U.S. the course of a criminal investigation, or
Customs Service’’ and adding in its by an agency conducting a lawful RIN 1625–AA00
place the term ‘‘CBP’’; and national security intelligence
■ c. Paragraph (b) is revised. Safety Zone; Unexploded Ordnance
investigation, information furnished by
The revisions read as follows: Detonation; Passage Key, FL
a confidential source. Informant records
§ 103.34 Sanctions for improper actions by maintained by CBP under an
CBP officers or employees. informant’s name or personal identifier AGENCY: Coast Guard, DHS.
* * * * * that are requested by a third party ACTION: Temporary final rule.
(b) Under 5 U.S.C. 552(a)(4)(F), the according to the informant’s name or
Special Counsel, Merit Systems personal identifier are not subject to the SUMMARY: The Coast Guard is
Protection Board, has authority, upon disclosure requirements of 5 U.S.C. establishing a temporary safety zone
the issuance of a written finding by a 552(a), unless the informant’s status as within a 2000-ft radius of an ordnance
court that a CBP officer or employee an informant has been officially detonation area. The safety zone is
who was primarily responsible for confirmed. needed to protect personnel, vessels,
withholding a record may have acted and the marine environment from
arbitrarily or capriciously, to initiate a PART 175—PETITIONS BY DOMESTIC potential hazards created by the
proceeding to determine whether INTERESTED PARTIES unexploded ordnance detonation. Entry
disciplinary action is warranted against ■ 13. The general authority citation for of vessels or persons into this zone is
that officer or employee. Such part 175 continues, and a specific prohibited unless specifically
proceedings are governed by Merit authority citation for section 175.21 is authorized by the Captain of the Port St.
Systems Protection Board regulations added, to read as follows: Petersburg.
found at Part 1201 of Title 5 of the Code
Authority: R.S. 251, as amended, secs. 516, DATES: This rule is effective without
of Federal Regulations.
624, 46 Stat. 735, as amended, 759; 19 U.S.C. actual notice from November 17, 2015
■ 10. In § 103.35, the first sentence of
66, 1516, 1624, unless otherwise noted. through December 18, 2015. For the
paragraph (a) is revised to read as purposes of enforcement, actual notice
follows: * * * * *
Section 175.21 also issued under 5 will be used from November 6, 2015
§ 103.35 Confidential commercial U.S.C. 552. through November 17, 2015.
information; exempt. ■ 14. In § 175.21, paragraph (b) is ADDRESSES: To view documents
(a) * * * Notwithstanding 6 CFR 5.8, revised to read as follows: mentioned in this preamble as being
for purposes of this section, available in the docket, go to http://
‘‘commercial information’’ is defined as § 175.21 Notice of filing of petition,
inspection of petition, and inspection of
www.regulations.gov, type USCG–2015–
trade secret, commercial, or financial 0989 in the ‘‘SEARCH’’ box and click
documents and papers.
information obtained from a person. ‘‘SEARCH.’’ Click on Open Docket
* * * * * * * *
Folder on the line associated with this
(b) Inspection of petition; inspection
* * * * * rule.
of documents and papers. The petition
filed by a domestic interested party will FOR FURTHER INFORMATION CONTACT: If
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PART 161—GENERAL ENFORCEMENT
PROVISIONS be made available for inspection by you have questions on this rule, call or
interested parties in accordance with email Boatswain’s Mate First Class
■ 11. The general authority citation for the provisions of 5 U.S.C. 552(a). Tyrone J. Stafford, Sector St. Petersburg
part 161 continues to read and a specific However, neither a petitioner nor other Prevention Department, Coast Guard;
authority citation for section 161.15 is interested parties will in any case be telephone (813) 228–2191 ext. 8307,
added to read as follows: permitted to inspect documents or email Tyrone.j.stafford@uscg.mil.
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Also, this rule does not have tribal G. Protest Activities the Captain of the Port St. Petersburg or
implications under E.O. 13175, The Coast Guard respects the First a designated representative, all persons
Consultation and Coordination with Amendment rights of protesters. and vessels receiving such authorization
Indian Tribal Governments, because it Protesters are asked to contact the must comply with the instructions of
does not have a substantial direct effect person listed in the FOR FURTHER the Captain of the Port St. Petersburg or
on one or more Indian tribes, on the INFORMATION CONTACT section to
a designated representative.
relationship between the Federal coordinate protest activities so that your Recreational vessels authorized to enter
Government and Indian tribes, or on the message can be received without the regulated area may be subject to
distribution of power and jeopardizing the safety or security of boarding and inspection of the vessel
responsibilities between the Federal people, places or vessels. and persons onboard.
Government and Indian tribes. If you (3) The Coast Guard will provide
believe this rule has implications for List of Subjects in 33 CFR Part 165 notice of the regulated area by Local
federalism or Indian tribes, please Harbors, Marine safety, Navigation Notice to Mariners, and/or on-scene
contact the person listed in the FOR (water), Reporting and recordkeeping designated representatives.
FURTHER INFORMATION CONTACT section requirements, Security measures, Dated: November 10, 2015.
above. Waterways. G.D. Case,
For the reasons discussed in the Captain, U.S. Coast Guard, Captain of the
E. Unfunded Mandates Reform Act Port, St. Petersburg.
preamble, the Coast Guard amends 33
The Unfunded Mandates Reform Act CFR part 165 as follows: [FR Doc. 2015–29347 Filed 11–16–15; 8:45 am]
of 1995 (2 U.S.C. 1531–1538) requires BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
Federal agencies to assess the effects of
AREAS AND LIMITED ACCESS AREAS
their discretionary regulatory actions. In
particular, the Act addresses actions ■ 1. The authority citation for part 165 ENVIRONMENTAL PROTECTION
that may result in the expenditure by a continues to read as follows: AGENCY
State, local, or tribal government, in the
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
aggregate, or by the private sector of 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; 40 CFR Part 52
$100,000,000 (adjusted for inflation) or Department of Homeland Security Delegation
more in any one year. Though this rule No. 0170.1. [EPA–R10–OAR–2015–0600; FRL–9936–97–
will not result in such expenditure, we Region 10]
■ 2. Add § 165.T07–0989 to read as
do discuss the effects of this rule follows: Approval and Promulgation of
elsewhere in this preamble. Implementation Plans; Washington:
§ 165.T07–0989 Safety Zone; Unexploded Additional Regulations for the Benton
F. Environment Ordnance Detonation; Passage Key, FL.
Clean Air Agency Jurisdiction
We have analyzed this rule under (a) Regulated areas. The following
Department of Homeland Security regulated area is a safety zone; all waters AGENCY: Environmental Protection
Management Directive 023–01 and within a 2000-ft radius of the Agency (EPA).
Commandant Instruction M16475.1D, unexploded ordnance detonation zone ACTION: Final rule.
which guide the Coast Guard in around the Passage Key Air-to-Ground
Gunnery Range located in Manatee SUMMARY: The Environmental Protection
complying with the National Agency (EPA) is approving revisions to
Environmental Policy Act of 1969 (42 County, FL, identified by several law
enforcement vessels showing flashing the Washington State Implementation
U.S.C. 4321–4370f), and have Plan (SIP) that were submitted by the
blue lights.
determined that this action is one of a Department of Ecology (Ecology) in
(b) Definition. The term ‘‘designated
category of actions that do not coordination with Benton Clean Air
representative’’ means Coast Guard
individually or cumulatively have a Agency (BCAA) on August 25, 2015. In
Patrol Commanders, including Coast
significant effect on the human the fall of 2014 and spring of 2015, the
Guard boat coxswains, petty officers,
environment. This rule involves a safety and other officers operating Coast Guard EPA approved numerous revisions to
zone lasting no more than 36 days. It vessels, and Federal, state, and local Ecology’s general air quality regulations.
will prohibit entry within all navigable officials designated by or assisting the However, our approval of the updated
waters within a 2000-ft radius of an Captain of the Port St. Petersburg in the Ecology regulations applied only to
unexploded ordnance detonation zone enforcement of the regulated areas. geographic areas where Ecology, and not
identified by law enforcement vessels (c) Enforcement period. This rule is a local air authority, has jurisdiction,
showing flashing blue lights in the effective without actual notice from and statewide to source categories over
vicinity of Passage Key Air-to-Ground November 17, 2015 through December which Ecology has sole jurisdiction.
Gunnery Range located in Manatee 18, 2015. For purposes of enforcement, This final approval allows BCAA to rely
County, FL. It is categorically excluded actual notice will be used from primarily on Ecology’s general air
from further review under paragraph November 6, 2015 through November quality regulations for sources within
34(g) of Figure 2–1 of the Commandant 17, 2015. BCAA’s jurisdiction, including
Instruction. An environmental analysis (d) Regulations. (1) All persons and implementation of the minor new
checklist supporting this determination vessels desiring to enter or remain source review and nonattainment new
and a Categorical Exclusion within the regulated area may contact source review permitting programs. This
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Determination are available in the the Captain of the Port St. Petersburg by final action also approves of a small set
docket where indicated under telephone at (727) 824–7524, or a of BCAA regulatory provisions that
ADDRESSES. We seek any comments or designated representative via VHF radio replace or supplement parts of Ecology’s
information that may lead to the on channel 16, to request authorization. general air quality regulations.
discovery of a significant environmental (2) If authorization to enter or remain DATES: This final rule is effective
impact from this rule. within the regulated area is granted by December 17, 2015.
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Document Created: 2015-12-14 14:01:23
Document Modified: 2015-12-14 14:01:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective without actual notice from November 17, 2015 through December 18, 2015. For the purposes of enforcement, actual notice will be used from November 6, 2015 through November 17, 2015. | |
| Contact | If you have questions on this rule, call or email Boatswain's Mate First Class Tyrone J. Stafford, Sector St. Petersburg Prevention Department, Coast Guard; telephone (813) 228- 2191 ext. 8307, email [email protected] II. Background Information and Regulatory History | |
| FR Citation | 80 FR 71693 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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