Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to establish temporary safety zones on the waters of Tampa Bay, Florida during Old Port Tampa Exercise 2014. The exercise is scheduled to take place on November 4, 2014. The proposed safety zone is necessary to protect the public from the hazards associated with environmental response operations occurring during the exercise. Persons and vessels will be prohibited from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port St. Petersburg or a designated representative.
Comments and related material must be received by the Coast Guard on or before October 16, 2014.
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.
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FOR FURTHER INFORMATION CONTACT:
If you have questions on this rule, call or email Lieutenant Junior Grade Brett Sillman, Sector St. Petersburg Waterways Management Branch, U.S. Coast Guard; telephone (813) 228-2191, email firstname.lastname@example.org. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
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Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http://www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a Start Printed Page 55410mailing 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-2014-0650 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 81/2 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-2014-0650 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316).
4. Public Meeting
We do not plan to hold a public meeting. But you may submit a request for one, using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The Old Port Tampa Exercise 2014 is a one-time, unique event. Therefore, temporary safety zones are more conducive than establishing a permanent regulation.
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. 1225, 1231; 33 CFR 1.05-1, 6.04-1, 160.5; Department of Homeland Security Delegation No. 0170.1.
The purpose of the regulation is to provide for the safety of life on the navigable waters in the Captain of the Port St. Petersburg Zone during the Old Port Tampa Exercise 2014 while oil spill response operations are being conducted.
D. Discussion of Proposed Rule
The Coast Guard will be conducting an oil spill response equipment deployment exercise in Tampa Bay for the purpose of testing deployment techniques, procedures, and accuracy of the Geographical Response Plan oil spill boom deployment recommendations. The areas are: (1) Directly off of the Picnic Island boat ramp, (2) directly south of Picnic Island, and (3) north of Picnic Island. Equipment deployment vessels will avoid impacting commercial traffic and will coordinate with the Cooperative Vessel Traffic Service to operate while no commercial traffic is expected to transit near the operational area. The nature of the exercise and accompanying equipment pose a potential danger to mariners. The Coast Guard is proposing these safety zones to protect mariners on the navigable waters of the United States. The Coast Guard Sector St. Petersburg will give notice of the safety zones by issuing a Broadcast Notice to Mariners, and by placing Coast Guard vessels on-scene.
The proposed safety zones will encompass all waters within the following three areas.
1. Area 1—all waters within the following: 27°52′18″ N 082°33′02″ W, 27°52′11″ N 082°32′48″ W, 27°51′46″ N 082°33′06″ W, 27°51′55″ N 082°33′21″ W.
2. Area 2—all waters within the following: 27°51′30″ N 082°33′10″ W, 27°51′30″ N 082°33′08″ W, 27°51′29″ N 082°33′08″ W, 27°51′28″ N 082°33′10″ W.
3. Area 3—all waters within the following: 27°50′51″ N 082°33′39″ W, 27°50′51″ N 082°33′06″ W, 27°50′29″ N 082°32′43″ W, 27°50′14″ N 082°33′10″ W.
The proposed safety zones will be enforced only while Coast Guard and environmental response vessels are on-scene during actual equipment deployment operations of the exercise. Vessels will be prohibited from anchoring, mooring, or transiting within the zones unless authorized by the Captain of the Port St. Petersburg or a designated representative.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders.
This regulation is not a significant regulatory action because this proposed rule establishes safety zones in areas with minimum commercial and recreational traffic.
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 Start Printed Page 55411listed 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).
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 F rom 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.
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.
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- Marine safety
- Navigation (water)
- Reporting and recordkeeping requirements
- Security measures
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
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1. The authority citation for part 165 continues to read as follows: End Amendment Part
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2. A temporary section 165.T07-0650 is added to read as follows: End Amendment Part
Safety Zone; Old Port Tampa Exercise 2014, Tampa Bay, FL.
(a) Regulated area. The safety zone will encompass all waters within the following three areas.
(1) Area 1—all waters within the following: 27°52′18″ N 082°33′02″ W, 27°52′11″ N 082°32′48″ W, 27°51′46″ N 082°33′06″ W, 27°51′55″ N 082°33′21″ W. All coordinates referenced use datum: NAD 83.
(2) Area 2—all waters within the following: 27°51′30″ N 082°33′10″ W, 27°51′30″ N 082°33′08″ W, 27°51′29″ N 082°33′08″ W, 27°51′28″ N 082°33′10″ W. All coordinates referenced use datum: NAD 83.
(3) Area 3—all waters within the following: 27°50′51″ N 082°33′39″ W, 27°50′51″ N 082°33′06″ W, 27°50′29″ N 082°32′43″ W, 27°50′14″ N 082°33′10″ W. All coordinates referenced use datum: NAD 83.
(b) Definitions. The following definition applies to this section:
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, Florida, in the enforcement of regulated navigation areas and safety and security zones.
(c) Regulations. In accordance with the general regulations in § 165.23 of this part, no person or vessel may anchor, moor or transit the safety zone without the prior permission of the Captain of the Port St. Petersburg, Florida, or a designated representative. Coast Guard Sector St. Petersburg will give notice of the enforcement of the safety zone by issuing a Broadcast Notice to Mariners and placing a Coast Guard vessel on-scene. Captain of the Port St. Petersburg or a designated representative may be contacted on VHF channel 16.Start Printed Page 55412
(d) Dates. The regulation will be effective on November 4, 2014 and will be enforced during the exercise when equipment deployment operations are underway.
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Dated: September 5, 2014.
G. D. Case,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2014-21984 Filed 9-15-14; 8:45 am]
BILLING CODE 9110-04-P