Safety and Security Zone; Tampa Bay, FL, 39923-39926 [05-13665]
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Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Rules and Regulations
recapture date is June 30, 2005 under
paragraph (c)(1) of this section. GH elects to
use the LIFO method for the inventory and
determines that the FIFO and LIFO values of
the opening inventory for GH’s 2005 taxable
year, including the inventory contributed by
G, are $200 and $120, respectively.
(ii) Under paragraph (c)(4)(iii) of this
section, GH is not required to determine the
FIFO and LIFO values of the inventory on the
recapture date. Instead, GH may determine
the lookthrough LIFO recapture amount as
though the FIFO and LIFO values of the
inventory on the recapture date equaled the
FIFO and LIFO values of the opening
inventory for the partnership’s taxable year
(2005) that includes the recapture date. For
this purpose, under paragraph (c)(4) of this
section, the opening inventory includes the
inventory contributed by G. The amount by
which the FIFO value ($200) exceeds the
LIFO value ($120) in GH’s opening inventory
is $80. Thus, if GH sold all of its LIFO
inventory for $200, it would recognize $80 of
income. G’s lookthrough LIFO recapture
amount is $80, the amount of income that
would be allocated to G, taking into account
section 704(c) and § 1.704–3, if GH sold all
of its LIFO inventory for the FIFO value.
Under paragraph (b)(1) of this section, G
must include $80 in income in its taxable
year ending on June 30, 2005. Under
paragraph (e)(2) of this section, G must
increase its basis in its interest in GH by $80.
Under paragraphs (e)(2) and (3) of this
section, and in accordance with section
743(b) principles, GH may elect to increase
the basis (with respect to G only) of its LIFO
inventory by $80.
Example 2. (i) J is a C corporation with a
calendar year taxable year. JK is a partnership
with a calendar year taxable year. J has a 30
percent interest in the partnership. JK owns
LIFO inventory that is not section 704(c)
property. J elects to be an S corporation
effective January 1, 2005. The recapture date
is December 31, 2004 under paragraph (c)(1)
of this section. JK determines that the FIFO
and LIFO values of the inventory on
December 31, 2004 are $240 and $140,
respectively.
(ii) The amount by which the FIFO value
($240) exceeds the LIFO value ($140) on the
recapture date is $100. Thus, if JK sold all of
its LIFO inventory for $240, it would
recognize $100 of income. J’s lookthrough
LIFO recapture amount is $30, the amount of
income that would be allocated to J if JK sold
all of its LIFO inventory for the FIFO value
(30 percent of $100). Under paragraph (b)(1)
of this section, J must include $30 in income
in its taxable year ending on December 31,
2004. Under paragraph (e)(2) of this section,
J must increase its basis in its interest in JK
by $30. Under paragraphs (e)(2) and (3) of
this section, and in accordance with section
743(b) principles, JK may elect to increase
the basis (with respect to J only) of its
inventory by $30.
(g) * * *
(3) The provisions of paragraphs (b),
(c), (d), (e)(2), (e)(3), and (f) of this
section apply to S elections and
transfers made on or after August 13,
2004. The rules that apply to S elections
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and transfers made before August 13,
2004, are contained in § 1.1363–2 as in
effect prior to August 13, 2004 (see 26
CFR part 1 revised as of April 1, 2005).
waters and to protect the security of the
Tampa Bay, Florida port infrastructure
from potential subversive acts by vessels
or persons during these fireworks
events.
PART 602—OMB CONTROL NUMBERS
DATES: This rule is effective from 8:35
UNDER THE PAPERWORK
p.m. on June 24, 2005 through 12:25
REDUCTION ACT
a.m. on January 1, 2006. Comments and
related material must reach the Coast
I Par. 3. The authority citation for part
Guard on or before September 12, 2005.
602 continues to read as follows:
ADDRESSES: You may mail comments
Authority: 26 U.S.C. 7805.
and related material to Coast Guard
Marine Safety Office Tampa, 155
I Par. 4. In § 602.101, paragraph (b) is
Columbia Drive, Tampa, Florida 33606–
amended by adding an entry in
3598. The Waterways Management
numerical order to the table to read as
Division maintains the public docket for
follows:
this rulemaking. Comments and
§ 602.101 OMB Control numbers.
material received from the public, as
*
*
*
*
*
well as documents indicated in this
(b)* * *
preamble as being available in the
docket, will become part of this docket
CFR part or section where
Current OMB
and will be available for inspection or
identified and described
control No.
copying at Coast Guard Marine Safety
Office Tampa between 7:30 a.m. and 4
p.m., Monday through Friday, except
*
*
*
*
*
1.1363–2 ...............................
1545–1906 Federal holidays.
FOR FURTHER INFORMATION CONTACT:
*
*
*
*
*
Lieutenant Junior Grade Jennifer
Andrew at Coast Guard Marine Safety
Mark E. Matthews,
Office Tampa (813) 228–2191 Ext 8203.
Deputy Commissioner for Services and
SUPPLEMENTARY INFORMATION:
Enforcement.
Approved: June 23, 2005.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury.
[FR Doc. 05–13383 Filed 7–11–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP Tampa 05–079]
RIN 1625–AA00, AA87
Safety and Security Zone; Tampa Bay,
FL
Coast Guard, DHS.
Temporary final rule; request for
comments.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety and
security zone on the waters within
Tampa Bay, Florida, including
Sparkman Channel, Garrison Channel
(east of the Beneficial Bridge), Ybor
Turning Basin, and Ybor Channel. This
rule is necessary to protect participants
and spectators from the hazards
associated with the recurring launch of
fireworks from a barge on the navigable
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Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
a NPRM, which would incorporate a
comment period before a final rule
could be issued and delay the rule’s
effective date, is contrary to public
interest because immediate action is
necessary to protect the public and
waters of the United States. The Coast
Guard would be unable to effectively
ensure safety and security on the
navigable waters in the vicinity of the
Port during these fireworks events
without this safety and security zone in
place.
For the same reasons, 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
Coast Guard will issue a broadcast
notice to mariners and will place Coast
Guard vessels in the vicinity of this
zone to advise mariners of the
restriction.
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
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Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Rules and Regulations
this rulemaking (COTP Tampa 05–079),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know that your submission reached
us, please enclose a stamped, selfaddressed postcard or envelope. We will
consider all comments and material
received during the comment period.
We may change this rule in view of
them.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Coast Guard
Marine Safety Office Tampa at the
address under ADDRESSES explaining
why one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a separate
notice in the Federal Register.
Background and Purpose
Downtown Tampa Attractions
Association will be conducting thirteen
recurring fireworks demonstrations in
the Port of Tampa Bay, Florida. This
rule is needed to protect spectator craft
in the vicinity of the fireworks
presentation from the hazards
associated with the storage, preparation
and launching of fireworks. Also, since
the fireworks demonstrations will be
conducted near several major port
facilities, the nature of these recurring
events could increase the port’s
vulnerability to possible terrorist
activities compromising the security of
the port. The recurring events provide a
repetitive and predictable situation that
persons intending to conduct subversive
acts could use to mask their activities.
Further, the nature of the repetitive and
predictable fireworks events could
desensitize already established security
measures by providing a possible
distraction to those protecting nearby
facilities.
Discussion of Proposed Rule
The safety and security zone
encompasses the following waters
within Tampa Bay: Sparkman Channel,
Garrison Channel (east of the Beneficial
Bridge), Ybor Turning Basin, and Ybor
Channel. This rule restricts vessels from
entering, remaining within, anchoring,
mooring or transiting the safety and
security zone without the express
permission of the Captain of the Port or
his designated representative. Vessels
and persons that receive permission to
enter the safety and security zone must
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comply with the instructions of the
Captain of the Port or his or her
designated representative and must not
proceed closer than 120 yards, in any
direction, from the fireworks launch
barge located in approximate position
27°56′28″ N, 082°26′45″ W, without
obtaining further permission from the
Captain of the Port or his designated
representative. This rule will be
effective from 8:35 p.m. on June 24,
2005 through 12:25 a.m. on January 1,
2006. The safety and security zone will
only be enforced from 8:35 p.m. until
9:20 p.m. on June 24, July 1, July 4, July
8, July 15, July 22, July 29, August 5,
August 12, August 19, August 26,
September 4, 2005 and from 11:40 p.m.
December 31, 2005 until 12:25 a.m. on
January 1, 2006.
Regulatory Evaluation
This temporary final rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order. It is not
‘‘significant’’ under the regulatory
policies and procedures of the
Department of Homeland Security
(DHS).
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary. The rule will only
be enforced for forty-five minutes on
each of the thirteen listed dates when
fireworks displays are planned.
Moreover, vessels may still enter the
safety and security zone with the
express permission of the Captain of the
Port Tampa or his designated
representative.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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 will affect the following
entities, some of which may be small
entities: the owners or operators of
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vessels intending to transit Sparkman
Channel, Garrison Channel (east of the
Beneficial Bridge), Ybor Turning Basin,
and Ybor Channel from 8:35 p.m. until
9:20 p.m. on June 24, July 1, July 4, July
8, July 15, July 22, July 29, August 5,
August 12, August 19, August 26,
September 4, 2005, and from 11:40 p.m.
December 31, 2005 until 12:25 a.m. on
January 1, 2006.
This safety and security zone will not
have a significant economic impact on
a substantial number of small entities
for the following reasons. This rule will
only be enforced for forty-five minutes
on each of the thirteen listed dates when
fireworks displays are planned.
Moreover, vessels may still enter the
safety and security zone with the
express permission of the Captain of the
Port Tampa or his designated
representative.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. 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
identified in the FOR FURTHER
INFORMATION CONTACT.
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).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
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Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Rules and Regulations
determined that it does not have
implications for federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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.
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 might
disproportionately affect children.
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
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of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction, from further environmental
documentation. A final ‘‘Environmental
Analysis Check List’’ and a final
‘‘Categorical Exclusion Determination’’
will be available in the docket where
indicated under ADDRESSES. Comments
on this section will be considered before
we make the final decision on whether
to categorically exclude this rule from
further environmental review.
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:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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39925
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. From June 24, 2005 through January
1, 2006, add § 165.T07–079 to read as
follows:
I
§ 165.T07–079 Safety and Security Zone;
Tampa Bay, Florida.
(a) Regulated area. The following area
is a safety and security zone: All waters
of Tampa Bay, from surface to bottom,
within the following: Garrison Channel,
east of an imaginary line connecting
point 1: 27°56′31″ N, 082°26′58″ W;
south to point 2: 27°56′26″ N,
082°26′58″ W; and including Ybor
Turning Basin, Ybor Channel, and all
waters in Sparkman Channel north of an
imaginary line connecting point 3:
27°55′32″ N, 082°26′56″ W, east to point
4: 27°55′32″ N, 082°26′48″ W. All
coordinates referenced use datum: NAD
83
(b) Regulations. (1) Vessels and
persons are prohibited from entering,
remaining within, anchoring, mooring
or transiting this zone unless authorized
by the Coast Guard Captain of the Port
Tampa or his designated representative.
(2) Persons desiring to transit the
regulated area may contact the Captain
of the Port at telephone number 813–
228–2191 ext 8101 or on VHF channel
16 (156.8 MHz) to seek permission.
Vessels and persons that receive
permission to enter or remain within the
safety and security zone must comply
with the instructions of the Captain of
the Port or his or her designated
representative and must not, in any
event, proceed closer than 120 yards, in
any direction, from the fireworks launch
barge located in approximate position
27°56′28″ N, 082°26′45″ W, without
obtaining further permission from the
Captain of the Port or his designated
representative.
(c) Definitions. The following
definitions apply 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 (COTP),
Tampa, Florida, in the enforcement of
the regulated navigation areas and
security zones.
(d) Enforcement period. This safety
and security zone will be enforced from
8:35 p.m. until 9:20 p.m. on June 24,
July 1, July 4, July 8, July 15, July 22,
July 29, August 5, August 12, August 19,
August 26, September 4, 2005, and from
11:40 p.m. December 31, 2005 until
12:25 a.m. on January 1, 2006.
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Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Rules and Regulations
Dated: June 20, 2005.
J.M. Farley,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 05–13665 Filed 7–11–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R10–OAR–2005–WA–0006; FRL–7936–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Washington; Correcting Amendments
Environmental Protection
Agency (EPA).
ACTION: Direct final rule; correcting
amendments.
AGENCY:
EPA is taking direct final
action on amendments which correct
typographical numbering errors in the
instructions amending the Code of
Federal Regulations (CFR) in the
approval of the serious area plan for
attainment of the annual and 24-hour
PM10 standards for Wallula,
Washington, published on May 2, 2005.
PM10 is particulate matter with an
aerodynamic diameter less than or equal
to a nominal 10 micrometers.
DATES: This direct final rule will be
effective September 12, 2005, without
further notice, unless EPA receives
adverse comments by August 11, 2005.
If adverse comments are received, EPA
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. R10–OAR–
2005–WA–0006, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web Site: https://
www.epa.gov/edocket. EDOCKET, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Follow the on-line
instructions for submitting comments.
• Mail: Colleen Huck, Office of Air,
Waste and Toxics, AWT–107, EPA,
Region 10, 1200 Sixth Ave., Seattle,
Washington 98101.
• Hand Delivery: Colleen Huck,
Office of Air, Waste and Toxics, AWT–
107, 9th Floor, EPA, Region 10, 1200
Sixth Ave., Seattle, Washington 98101.
Such deliveries are only accepted
during normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
SUMMARY:
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Instructions: Direct your comments to
Docket ID No. R10–OAR–2005–WA–
0006. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.epa.gov/edocket, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through EDOCKET,
regulations.gov, or e-mail. The EPA
EDOCKET and the Federal
regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
EDOCKET or regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the EDOCKET index at
https://www.epa.gov/edocket. Although
listed in the index, some information is
not publicly available, such as CBI or
other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in EDOCKET or in hard
copy at EPA, Region 10, Office of Air,
Waste and Toxics, 1200 Sixth Avenue,
Seattle, Washington, from 8 a.m. to 4:30
p.m. Monday through Friday, excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT:
Colleen Huck at telephone number:
(206) 553–1770, e-mail address:
Huck.Colleen@epa.gov, fax number:
(206) 553–0110, or the above EPA,
Region 10 address.
SUPPLEMENTARY INFORMATION:
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I. Background
On May 2, 2005 (70 FR 22597), EPA
approved a Washington State
Implementation Plan (SIP) for the
Wallula, Washington serious
nonattainment area for PM10. In
approving the Wallula PM10 serious area
plan, EPA inadvertently made
typographical errors in the amendatory
instructions contained at the end of the
notice. The third amendatory
instruction contains an incorrect section
number—§ 52.672. The section number
should be identified as § 52.2475. In
addition, EPA inadvertently added
paragraph (e)(1) to § 52.2475 when that
paragraph already existed. The intent of
the rule was to amend that section by
adding paragraph (e)(2). This document
corrects the erroneous amendatory
language.
II. Direct Final Action
EPA is publishing this action without
a prior proposal because EPA views this
as a noncontroversial amendment and
anticipates no adverse comments. In the
proposed rules section of this Federal
Register publication, however, EPA is
publishing a separate document that
will serve as the proposal to approve the
SIP revision should relevant adverse
comments be filed. This direct final rule
is effective on September 12, 2005
without further notice, unless EPA
receives adverse comment by August 11,
2005. If adverse comment is received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register and inform the public that the
rule did not take effect. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed rule. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting must do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
III. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
E:\FR\FM\12JYR1.SGM
12JYR1
]]>Agencies
[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Rules and Regulations]
[Pages 39923-39926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13665]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Tampa 05-079]
RIN 1625-AA00, AA87
Safety and Security Zone; Tampa Bay, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety and
security zone on the waters within Tampa Bay, Florida, including
Sparkman Channel, Garrison Channel (east of the Beneficial Bridge),
Ybor Turning Basin, and Ybor Channel. This rule is necessary to protect
participants and spectators from the hazards associated with the
recurring launch of fireworks from a barge on the navigable waters and
to protect the security of the Tampa Bay, Florida port infrastructure
from potential subversive acts by vessels or persons during these
fireworks events.
DATES: This rule is effective from 8:35 p.m. on June 24, 2005 through
12:25 a.m. on January 1, 2006. Comments and related material must reach
the Coast Guard on or before September 12, 2005.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office Tampa, 155 Columbia Drive, Tampa, Florida 33606-
3598. The Waterways Management Division maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at Coast Guard Marine Safety Office Tampa between
7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer
Andrew at Coast Guard Marine Safety Office Tampa (813) 228-2191 Ext
8203.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing a NPRM, which would
incorporate a comment period before a final rule could be issued and
delay the rule's effective date, is contrary to public interest because
immediate action is necessary to protect the public and waters of the
United States. The Coast Guard would be unable to effectively ensure
safety and security on the navigable waters in the vicinity of the Port
during these fireworks events without this safety and security zone in
place.
For the same reasons, 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 Coast Guard will
issue a broadcast notice to mariners and will place Coast Guard vessels
in the vicinity of this zone to advise mariners of the restriction.
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for
[[Page 39924]]
this rulemaking (COTP Tampa 05-079), indicate the specific section of
this document to which each comment applies, and give the reason for
each comment. Please submit all comments and related material in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying. If you would like to know that your submission reached us,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period.
We may change this rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Marine Safety Office
Tampa at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a separate notice in the
Federal Register.
Background and Purpose
Downtown Tampa Attractions Association will be conducting thirteen
recurring fireworks demonstrations in the Port of Tampa Bay, Florida.
This rule is needed to protect spectator craft in the vicinity of the
fireworks presentation from the hazards associated with the storage,
preparation and launching of fireworks. Also, since the fireworks
demonstrations will be conducted near several major port facilities,
the nature of these recurring events could increase the port's
vulnerability to possible terrorist activities compromising the
security of the port. The recurring events provide a repetitive and
predictable situation that persons intending to conduct subversive acts
could use to mask their activities. Further, the nature of the
repetitive and predictable fireworks events could desensitize already
established security measures by providing a possible distraction to
those protecting nearby facilities.
Discussion of Proposed Rule
The safety and security zone encompasses the following waters
within Tampa Bay: Sparkman Channel, Garrison Channel (east of the
Beneficial Bridge), Ybor Turning Basin, and Ybor Channel. This rule
restricts vessels from entering, remaining within, anchoring, mooring
or transiting the safety and security zone without the express
permission of the Captain of the Port or his designated representative.
Vessels and persons that receive permission to enter the safety and
security zone must comply with the instructions of the Captain of the
Port or his or her designated representative and must not proceed
closer than 120 yards, in any direction, from the fireworks launch
barge located in approximate position 27[deg]56'28'' N, 082[deg]26'45''
W, without obtaining further permission from the Captain of the Port or
his designated representative. This rule will be effective from 8:35
p.m. on June 24, 2005 through 12:25 a.m. on January 1, 2006. The safety
and security zone will only be enforced from 8:35 p.m. until 9:20 p.m.
on June 24, July 1, July 4, July 8, July 15, July 22, July 29, August
5, August 12, August 19, August 26, September 4, 2005 and from 11:40
p.m. December 31, 2005 until 12:25 a.m. on January 1, 2006.
Regulatory Evaluation
This temporary final rule is not a ``significant regulatory
action'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. The rule will only be enforced for forty-five
minutes on each of the thirteen listed dates when fireworks displays
are planned. Moreover, vessels may still enter the safety and security
zone with the express permission of the Captain of the Port Tampa or
his designated representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit Sparkman Channel, Garrison Channel (east of the Beneficial
Bridge), Ybor Turning Basin, and Ybor Channel from 8:35 p.m. until 9:20
p.m. on June 24, July 1, July 4, July 8, July 15, July 22, July 29,
August 5, August 12, August 19, August 26, September 4, 2005, and from
11:40 p.m. December 31, 2005 until 12:25 a.m. on January 1, 2006.
This safety and security zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons. This rule will only be enforced for forty-five minutes on each
of the thirteen listed dates when fireworks displays are planned.
Moreover, vessels may still enter the safety and security zone with the
express permission of the Captain of the Port Tampa or his designated
representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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 identified in the FOR
FURTHER INFORMATION CONTACT.
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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have
[[Page 39925]]
determined that it does not have implications for federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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 might
disproportionately affect children.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. A final ``Environmental Analysis Check
List'' and a final ``Categorical Exclusion Determination'' will be
available in the docket where indicated under ADDRESSES. Comments on
this section will be considered before we make the final decision on
whether to categorically exclude this rule from further environmental
review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. From June 24, 2005 through January 1, 2006, add Sec. 165.T07-079 to
read as follows:
Sec. 165.T07-079 Safety and Security Zone; Tampa Bay, Florida.
(a) Regulated area. The following area is a safety and security
zone: All waters of Tampa Bay, from surface to bottom, within the
following: Garrison Channel, east of an imaginary line connecting point
1: 27[deg]56'31'' N, 082[deg]26'58'' W; south to point 2:
27[deg]56'26'' N, 082[deg]26'58'' W; and including Ybor Turning Basin,
Ybor Channel, and all waters in Sparkman Channel north of an imaginary
line connecting point 3: 27[deg]55'32'' N, 082[deg]26'56'' W, east to
point 4: 27[deg]55'32'' N, 082[deg]26'48'' W. All coordinates
referenced use datum: NAD 83
(b) Regulations. (1) Vessels and persons are prohibited from
entering, remaining within, anchoring, mooring or transiting this zone
unless authorized by the Coast Guard Captain of the Port Tampa or his
designated representative.
(2) Persons desiring to transit the regulated area may contact the
Captain of the Port at telephone number 813-228-2191 ext 8101 or on VHF
channel 16 (156.8 MHz) to seek permission. Vessels and persons that
receive permission to enter or remain within the safety and security
zone must comply with the instructions of the Captain of the Port or
his or her designated representative and must not, in any event,
proceed closer than 120 yards, in any direction, from the fireworks
launch barge located in approximate position 27[deg]56'28'' N,
082[deg]26'45'' W, without obtaining further permission from the
Captain of the Port or his designated representative.
(c) Definitions. The following definitions apply 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 (COTP), Tampa,
Florida, in the enforcement of the regulated navigation areas and
security zones.
(d) Enforcement period. This safety and security zone will be
enforced from 8:35 p.m. until 9:20 p.m. on June 24, July 1, July 4,
July 8, July 15, July 22, July 29, August 5, August 12, August 19,
August 26, September 4, 2005, and from 11:40 p.m. December 31, 2005
until 12:25 a.m. on January 1, 2006.
[[Page 39926]]
Dated: June 20, 2005.
J.M. Farley,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 05-13665 Filed 7-11-05; 8:45 am]
BILLING CODE 4910-15-P
