Safety Zone; Old Port Tampa Exercise 2014, Tampa Bay, FL, 55409-55412 [2014-21984]
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Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / Proposed Rules
Proposed rule; extension of
comment period.
ACTION:
In response to requests from
interested parties, the Mine Safety and
Health Administration (MSHA) is
extending the comment period on the
proposed rule addressing Criteria and
Procedures for Assessment of Civil
Penalties. This extension gives
commenters additional time to review
and comment on the proposed rule.
DATES: The comment period for the
proposed rule published July 31, 2014,
at 79 FR 44494, is extended. Comments
must be received or postmarked by
midnight Eastern Standard Time on
December 3, 2014.
ADDRESSES: Submit comments and
informational materials, identified by
RIN 1219–AB72 or Docket No. MSHA–
2014–0009, by one of the following
methods:
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Email: zzMSHA-comments@
dol.gov. Include RIN 1219–AB72 or
Docket No. MSHA–2014–0009 in the
subject line of the message.
• Mail: MSHA, Office of Standards,
Regulations, and Variances, 1100
Wilson Boulevard, Room 2350,
Arlington, Virginia 22209–3939.
• Fax: 202–693–9441.
• Hand Delivery or Courier: MSHA,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia, between 9 a.m. and
5 p.m. Monday through Friday, except
Federal holidays. Sign in at the
receptionist’s desk on the 21st floor.
Instructions: All submissions must
include RIN 1219–AB72 or Docket No.
MSHA–2014–0009. Do not include
personal information that you do not
want publicly disclosed; MSHA will
post all comments without change to
https://www.regulations.gov and https://
www.msha.gov/currentcomments.asp,
including any personal information
provided.
Docket: For access to the docket to
read comments received, go to https://
www.regulations.gov or https://
www.msha.gov/currentcomments.asp.
To read background documents, go to
https://www.regulations.gov. Review the
docket in person at MSHA, Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia, between 9:00 a.m.
and 5:00 p.m. Monday through Friday,
except Federal Holidays. Sign in at the
receptionist’s desk on the 21st floor.
Email Notification: To subscribe to
receive an email notification when
MSHA publishes rules in the Federal
Register, and program information,
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SUMMARY:
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instructions, and policy, go to https://
www.msha.gov/subscriptions/
subscribe.aspx.
FOR FURTHER INFORMATION CONTACT:
Sheila A. McConnell, Acting Director,
Office of Standards, Regulations, and
Variances, MSHA, at
mcconnell.sheila.a@dol.gov (email);
202–693–9440 (voice); or 202–693–9441
(facsimile).
SUPPLEMENTARY INFORMATION: On July
31, 2014 (79 FR 44494), MSHA
published a proposed rule, Criteria and
Procedures for Assessment of Civil
Penalties. In response to commenters,
MSHA is providing additional time for
interested parties to comment on the
proposed rule. MSHA is extending the
comment period from September 29,
2014, to December 3, 2014.
Authority: 30 U.S.C. 957.
Dated: September 11, 2014.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety
and Health.
[FR Doc. 2014–22000 Filed 9–15–14; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF HOMELAND
SECURITY
55409
(1) Federal eRulemaking Portal:
https://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.
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 brett.s.sillman@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
Coast Guard
33 CFR Part 165
SUMMARY:
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 https://
www.regulations.gov and will include
any personal information you have
provided.
Comments and related material
must be received by the Coast Guard on
or before October 16, 2014.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
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 https://
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
[Docket No. USCG–2014–0650]
RIN 1625–AA00
Safety Zone; Old Port Tampa Exercise
2014, Tampa Bay, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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.
DATES:
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Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / Proposed Rules
mailing 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
https://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
https://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).
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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.
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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 onscene.
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.
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The proposed safety zones will be
enforced only while Coast Guard and
environmental response vessels are onscene 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
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listed 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).
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 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.
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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.
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10. Protection of Children From
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.
14. Environment
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
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55411
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, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. A temporary section 165.T07–0650
is added to read as follows:
■
§ 165.T07–0650 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.
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(d) Dates. The regulation will be
effective on November 4, 2014 and will
be enforced during the exercise when
equipment deployment operations are
underway.
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51 and 52
[EPA–HQ–OAR–2006–0605; FRL–9916–63–
OAR]
RIN 2060–AO24
Prevention of Significant Deterioration
(PSD) for Particulate Matter Less Than
2.5 Micrometers (PM2.5)—Increments,
Significant Impact Levels (SILs) and
Significant Monitoring Concentration
(SMC)—Notice of Action Denying
Petition for Reconsideration and
Amended Rulemaking
Environmental Protection
Agency (EPA).
ACTION: Action denying petition for
reconsideration and amended
rulemaking.
AGENCY:
The Environmental Protection
Agency (EPA) is providing notice that it
SUMMARY:
has responded to a petition for
reconsideration and amended
rulemaking of certain provisions of the
final rule, ‘‘Prevention of Significant
Deterioration (PSD) for Particulate
Matter Less Than 2.5 Micrometers
(PM2.5)—Increments, Significant Impact
Levels (SILs) and Significant Monitoring
Concentration (SMC),’’ published on
October 20, 2010. The final rule set forth
provisions identifying the maximum
allowable increases in ambient pollutant
concentrations (‘‘increments’’) for PM2.5,
modifying the definitions for the
baseline dates and the baseline area, and
adding two screening tools known as
SILs and an SMC for PM2.5. On
December 23, 2013, the EPA received a
petition for reconsideration pursuant to
the Clean Air Act (CAA) and for an
amended rulemaking pursuant to the
Administrative Procedures Act, from the
state of North Carolina. The EPA
considered the petition for
reconsideration and amended
rulemaking, along with information
contained in the rulemaking docket, in
reaching a decision on the petition. The
EPA Administrator Gina McCarthy
denied the petition for reconsideration
and amended rulemaking in a letter to
the Attorney General of North Carolina
dated August 28, 2014. The letter
documents the EPA’s reasons for the
denial and can be found in the
rulemaking docket.
DATES: The EPA’s response to this
petition was signed on August. 28, 2014.
Any petitions for review of the final
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State of North Carolina ............................................................
Note that all document numbers listed
in the table are in the form of ‘‘EPA–
HQ–OAR–2006–0605–xxxx.
All documents in the docket are listed
on the https://www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, i.e., confidential business
information 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 through
https://www.regulations.gov or in hard
copy at the EPA Docket Center, Docket
ID No. EPA–HQ–OAR–2006–0605, EPA
William Jefferson Clinton West
Building, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public
16:47 Sep 15, 2014
Jkt 232001
Mr.
Dan deRoeck, Air Quality Policy
Division (C504–03), U.S. Environmental
Protection Agency, Research Triangle
Park, NC, 27711; telephone number:
(919) 541–5593; or email address:
deroeck.dan@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. How can I get copies of this document
and other related information?
This Federal Register document, the
petition for reconsideration and
amended rulemaking, and the letter
denying the petition are available in the
docket that the EPA has established for
the ‘‘Prevention of Significant
Deterioration (PSD) for Particulate
Matter Less Than 2.5 Micrometers
(PM2.5)—Increments, Significant Impact
Levels (SILs) and Significant Monitoring
Concentration (SMC)’’ rulemaking
under Docket ID No. EPA–HQ–OAR–
2006–0605. The table below identifies
the petitioner, the date of the petition,
the document identification number for
the petition, the date of the EPA’s
response, and the document
identification number for the EPA’s
response.
Date of petition
to EPA
Petitioner
VerDate Sep<11>2014
letter denying the petition for
reconsideration and amended
rulemaking of certain provisions of the
final rule published in the Federal
Register on October 20, 2010 (75 FR
64864) must be filed in the Court of
Appeal for the District of Columbia
Circuit on or before November 17, 2014.
Petition:
Document No.
in docket
Date of EPA
response
12/23/2013
¥0065
8/28/2014
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the EPA Docket Center is
(202) 566–1742.
In addition to being available in the
docket, an electronic copy of this notice
of the EPA’s decision denying the
petition for reconsideration and
amended rulemaking and of the EPA’s
response letter outlining reasons for the
denial will also be available on the
World Wide Web. Following signature
of this document by the Acting
Assistant Administrator, Office of Air
and Radiation, a copy of this document
will be posted on EPA’s New Source
Review Web site, under Regulations &
Standards, at https://www.epa.gov/nsr.
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EPA response:
Document No.
in docket
¥0066, ¥0067, ¥0068
II. Judicial Review
Under CAA section 307(b), judicial
review of this final action is available
only by filing a petition for review in
the U.S. Court of Appeals for the District
of Columbia Circuit on or before
November 17, 2014.
Dated: September 5, 2014.
Janet G. McCabe,
Acting Assistant Administrator for Air and
Radiation.
[FR Doc. 2014–21973 Filed 9–15–14; 8:45 am]
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[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Proposed Rules]
[Pages 55409-55412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21984]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0650]
RIN 1625-AA00
Safety Zone; Old Port Tampa Exercise 2014, Tampa Bay, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: 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.
DATES: Comments and related material must be received by the Coast
Guard on or before October 16, 2014.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://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.
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 brett.s.sillman@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. 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 https://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
https://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
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mailing 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 https://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 8\1/2\ 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 https://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[deg]52'18'' N
082[deg]33'02'' W, 27[deg]52'11'' N 082[deg]32'48'' W, 27[deg]51'46'' N
082[deg]33'06'' W, 27[deg]51'55'' N 082[deg]33'21'' W.
2. Area 2--all waters within the following: 27[deg]51'30'' N
082[deg]33'10'' W, 27[deg]51'30'' N 082[deg]33'08'' W, 27[deg]51'29'' N
082[deg]33'08'' W, 27[deg]51'28'' N 082[deg]33'10'' W.
3. Area 3--all waters within the following: 27[deg]50'51'' N
082[deg]33'39'' W, 27[deg]50'51'' N 082[deg]33'06'' W, 27[deg]50'29'' N
082[deg]32'43'' W, 27[deg]50'14'' N 082[deg]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
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listed 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).
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 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 From 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.
14. Environment
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.
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; 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, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A temporary section 165.T07-0650 is added to read as follows:
Sec. 165.T07-0650 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[deg]52'18'' N
082[deg]33'02'' W, 27[deg]52'11'' N 082[deg]32'48'' W, 27[deg]51'46'' N
082[deg]33'06'' W, 27[deg]51'55'' N 082[deg]33'21'' W. All coordinates
referenced use datum: NAD 83.
(2) Area 2--all waters within the following: 27[deg]51'30'' N
082[deg]33'10'' W, 27[deg]51'30'' N 082[deg]33'08'' W, 27[deg]51'29'' N
082[deg]33'08'' W, 27[deg]51'28'' N 082[deg]33'10'' W. All coordinates
referenced use datum: NAD 83.
(3) Area 3--all waters within the following: 27[deg]50'51'' N
082[deg]33'39'' W, 27[deg]50'51'' N 082[deg]33'06'' W, 27[deg]50'29'' N
082[deg]32'43'' W, 27[deg]50'14'' N 082[deg]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
Sec. 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.
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(d) Dates. The regulation will be effective on November 4, 2014 and
will be enforced during the exercise when equipment deployment
operations are underway.
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
