74028 Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Rules and Regulations 

(c) Definitions. As used in this 

section: 

Captain of the Port Baltimore means 

the Commander, U.S. Coast Guard 

Sector Baltimore, Maryland. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port Baltimore to 

assist in enforcing the safety zone 

described in paragraph (a) of this 

section. 

Maryland State Highways 

Administration Support Vessels means 

all vessels engaged in bridge work under 

the auspices of the Maryland State 

Highways Administration’s 

authorization for repairs to the Kent 

Narrows (MD–18B) Draw Bridge across 

Kent Island Narrows in Queen Anne’s 

County, Maryland. 

(d) Enforcement period. This section 

will be enforced from 6 a.m. on 

December 15, 2014 to 6 a.m. on 

February 16, 2015. 

Dated: December 3, 2014. 

M.M. Dean, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Baltimore. 

[FR Doc. 2014–29371 Filed 12–12–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2014–1013] 

RIN 1625–AA00 

Safety Zone; Reduced Visibility, Sector 

St. Petersburg Captain of the Port 

Zone, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary safety zones for 

all of Tampa Bay during periods of 

reduced visibility. The safety zones will 

be enforced when visibility falls below 

one nautical mile. Tampa Bay will be 

categorized into seven zones in order to 

close only the affected areas of Tampa 

Bay. Heavy fog affects Tampa Bay an 

average of 22 days annually, mainly 

between the months of November 

through March. These safety zones are 

necessary to protect commercial traffic 

from the hazards resulting from reduced 

visibility. Entering, transiting within, or 

transiting through this safety zone is 

prohibited unless authorized by the 

Captain of the Port St. Petersburg or a 

designated representative. 

DATES: This rule is effective without 

actual notice from December 15, 2014 

until March 31, 2015. For purposes of 

enforcement, actual notice will be used 

from the date the rule was signed, 

November 26, 2014, until December 15, 

2014. The rule will be enforced when 

visibility is reduced below one nautical 

mile in affected zones. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–1013. 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 temporary 

final rule, call or email Lieutenant Omar 

La Torre Reyes, Sector St. Petersburg 

Prevention Department, Coast Guard; 

telephone (813) 228–2191, email 

Omar.LaTorreReyes@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final 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 Tampa 

Bay has recently experienced periods of 

reduced visibility that present a hazard 

to vessels and people in the port. In 

1980, during a period of reduced 

visibility, the MV Summit Venture 

allided with the Sunshine Skyway 

Bridge resulting in the death of 35 

people. This rule seeks to avoid such 

incidents by prohibiting vessel 

movements when visibility is reduced 

to less than 1 nautical mile. Any delay 

in the effective date of this rule would 

be contrary to public interest as 

immediate action is needed to protect 

the public from hazards associated with 

reduced visibility. 

For the same reason discussed above, 

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. 

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. 1225, 1231; 33 

CFR 1.05–1, 6.04–1; Department of 

Homeland Security Delegation No. 

0170.1. 

B. Discussion of the Temporary Final 

Rule 

The Coast Guard is establishing a 

temporary safety zone for all of Tampa 

Bay for the purpose of closing Tampa 

Bay’s navigable waterways or sections of 

Tampa Bay’s waterways when visibility 

is reduced below one nautical mile due 

to fog and other inclement weather 

conditions. 

Persons and vessels are prohibited 

from entering, transiting through, 

anchoring in, or getting underway 

within the safety zone unless authorized 

by the Captain of the Port St. Petersburg 

or a designated representative. Persons 

and vessels desiring to enter, transit 

within, transit through, or anchor in the 

safety zone 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, to request authorization. If 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone 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 Broadcast Notice to Mariners 

and on-scene designated 

representatives. 

C. Regulatory Analyses 

We developed this 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. 


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Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Rules and Regulations 74029 

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. 

This rule does not have a significant 

economic impact due to the fact that the 

zones will only be in effect during the 

time period necessary for visibility to 

improve to greater than one nautical 

mile. 

2. Impact on Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

the impact of this rule on small entities. 

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. 

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 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. 

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 

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 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 concluded 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 Commandant Instruction. 

This rule involves establishing a 

temporary safety zone. 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 


tkelley on DSK3SPTVN1PROD with RULES
74030 Federal Register / Vol. 79, No. 240 / Monday, December 15, 2014 / Rules and Regulations 

■ 2. Add a temporary § 165.T07–1013 to 

read as follows: 

§ 165.T07–1013 Safety Zone; Reduced 

Visibility, Sector St. Petersburg Captain of 

the Port Zone, FL 

(a) Regulated Areas. When directed by 

the COTP, the following areas are 

established as safety zones: 

(1) Zone 1 (Interbay) means all 

navigable waters within a box marked 

by the following coordinates: 27°52′56′′ 

N, 82°29′44′′ W; thence to 27°52′50′′ N, 

82°23′41′′ W; thence to 27°57′27′′ N, 

82°23′50′′ W thence to 27°57′19′′ N, 

82°29′39′′ W. This encompasses all 

navigable waterways north of 

Hillsborough Cut ‘‘C’’ Channel LB ‘‘25’’ 

(LLNR 23445) & ‘‘26’’ (LLNR 23450). 

(2) Zone 2 (East Tampa/Big Bend) 

means all navigable waters within a box 

marked by the following coordinates: 

27°52′50′′ N, 82°23′41′′ W; thence to 

27°46′36′′ N; 82°24′04′′ W; thence to 

27°46′29′′ N, 82°31′21′′ W; thence to 

27°52′59′′ N, 82°31′24′′ W. This zone 

encompasses all navigable waterways 

between Hillsborough Cut ‘‘C’’ Channel 

LB ‘‘25’’ (LLNR 23445) & ‘‘26’’ (LLNR 

23450) to Cut ‘‘6F’’ (LLNR 22830) 

Channel. 

(3) Zone 3 (Old Tampa Bay) means all 

navigable waters within a box marked 

by the following coordinates: 27°46′29′′ 

N, 82°31′21′′ W; 28°01′58′′ N, 82°31′39′′ 

W; thence to 28°02′01′′ N, 82°43′20′′ W; 

thence to 27°46′15′′ N, 82°43′24′′ W. 

This zone encompasses all navigable 

waterways between all of Old Tampa 

Bay to Cut ‘‘6F’’ (LLNR 22830) Channel. 

(4) Zone 4 (Middle Tampa Bay) means 

all navigable waters within a box 

marked by the following coordinates: 

27°46′34′′ N, 82°34′04′′ W; thence to 

27°38′40′′ N, 82°31′54′′ W; thence to 

27°44′38′′ N, 82°40′44′′ W; thence to 

27°46′15′′ N, 82°40′46′′ W. This zone 

encompasses all navigable waterways 

between Cut ‘‘6F’’ (LLNR 22830) 

Channel to Tampa Bay ‘‘1C’’ (LLNR 

22590). 

(5) Zone 5 (Lower Tampa Bay/

Manatee) means all navigable waters 

within a box marked by the following 

coordinates: 27°44′33′′ N, 82°40′37′′ W; 

thence to 27°58′59′′ N, 82°40′34′′ W; 

thence to 27°36′18′′ N, 82°38′57′′ W; 

thence to 27°34′10′′ N, 82°34′50′′ W; 

thence to 27°37′56′′ N, 82°31′15′′ W. 

This zone encompasses all navigable 

waterways between Tampa Bay ‘‘1C’’ 

(LLNR 22590) to Sunshine Skyway 

Bridge. 

(6) Zone 6 (Mullet Key) means all 

navigable waters within a box marked 

by the following coordinates: 27°38′59′′ 

N, 82°40′35′′ W; thence to 27°36′44′′ N, 

82°44′13′′ W; thence to 27°32′20′′ N, 

82°44′37′′ W; thence to 27°31′18′′ N, 

82°38′59′′ W; thence to 27°34′09′′ N, 

82°34′53′′ W; thence to 27°36′15′′ N, 

82°39′00′′ W. This zone encompasses all 

navigable waterways between the 

Sunshine Skyway Bridge to Mullet Key 

Channel LB ‘‘21’’ (LLNR 22365) & ‘‘22’’ 

(LLNR 22370). 

(7) Zone 7 (Egmont Entrance) means 

all navigable waters within the area 

encompassed by the following 

coordinates: 27°36′27′′ N, 82°44′14′′ W; 

thence to 27°39′46′′ N, 82°44′45′′ W; 

thence to 27°39′36′′ N, 83°05′10′′ W; 

thence to 27°32′29′′ N, 83°04′50′′ W; 

thence to 27°32′21′′ N, 82°44′42′′ W. 

This zone includes the fairway 

anchorages. 

(b) Definition. As used in this section: 

Captain of the Port (COTP) for the 

purpose of this section means the 

Commanding Officer of Coast Guard 

Sector St. Petersburg. 

Captain of the Port St. Petersburg 

Zone as defined in 33 CFR 3.35–35. 

(c) Regulations. (1) Vessels shall not 

commence an inbound transit, shift, or 

outbound transit when the safety zones 

are in effect for visibility less than one 

nautical mile due to fog or inclement 

weather. 

(2) The COTP may open or close 

Tampa Bay or specific zones described 

in the regulated areas section of this 

chapter. 

(3) The Coast Guard will provide 

notice of the regulated area via 

Broadcast Notice to Mariners. 

(d) Enforcement Date. This rule is 

effective from the date this temporary 

final rule is signed by the Captain of the 

Port until March 31, 2015 and will be 

enforced when visibility is reduced to 

less than one nautical mile. 

Dated: November 26, 2014. 

G.D. Case, 

Captain, U.S. Coast Guard, Captain of the 

Port, St. Petersburg. 

[FR Doc. 2014–29357 Filed 12–12–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0985] 

Safety Zone; David Beahm; Hudson 

River, New York, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone in the Captain of the Port 

(COTP) New York Zone on the specified 

date and time. This action is necessary 

to ensure the safety of vessels and 

spectators from hazards associated with 

fireworks displays. During the 

enforcement period, no person or vessel 

may enter the safety zone without 

permission from the COTP or a 

designated representative. 

DATES: The regulation for the safety 

zone described in 33 CFR 165.160 will 

be enforced on December 18, 2014 from 

6:30 p.m. to 7:45 p.m. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Lieutenant Douglas Neumann, 

Coast Guard; telephone 718–354–4154, 

email Douglas.W.Neumann@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone listed 

in 33 CFR 165.160 on the specified date 

and time as indicated in the Table 

below. This regulation was published in 

the Federal Register on November 9, 

2011 (76 FR 69614). 

TABLE

1. David Beahm Fireworks, Jersey City, Hudson 

River Safety Zone, 33 CFR 165.160(5.11).

• Launch Site: A barge located in approximate position 40°42′37.3′′ N 074°01′41.6′′ W 

(NAD 1983), approximately 420 yards east of Morris Canal Little Basin. This Safety 

Zone is a 360-yard radius from the barge. 

• Date: December 18, 2014. 

• Time: 06:30 p.m.–07:45 p.m. 

Under the provisions of 33 CFR 

165.160, No persons or vessels will be 

allowed to enter into, transit through, or 

anchor in the safety zone without the 

permission of the COTP or a designated 

representative. Vessels wishing to 

transit through the safety zone may 

contact a designated representative via 

VHF channel 13 or 16 to request 

permission. Vessels may transit outside 

the safety zone but may not anchor, 

block, loiter in, or impede the transit of 


tkelley on DSK3SPTVN1PROD with RULES