Safety Zone; 24 Mile Tampa Bay Marathon Swim, Tampa Bay; Tampa, FL, 22901-22903 [2015-09580]

Download as PDF Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Rules and Regulations Notice of enforcement of regulation. ACTION: The Coast Guard will enforce the safety zone for the Fourth of July Fireworks, Tahoe City, CA in the Captain of the Port, San Francisco area of responsibility during the dates and times noted below. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM). DATES: The regulations in 33 CFR 165.1191, Table 1, Item number 15, will be enforced from 7 a.m. through 10 p.m. on July 4, 2015. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email Lieutenant Marcia Medina, Sector San Francisco Waterways Safety Division, U.S. Coast Guard; telephone 415–399–7442, email D11-PFMarineEvents@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone in navigable waters around and under the fireworks barge within a radius of 100 feet during the loading, transit, and arrival of the fireworks barge to the display location and until the start of the fireworks display. From 7 a.m. until 8 a.m. on July 4, 2015, the fireworks barge will be loading pyrotechnics off of Tahoe Keys Marina in South Lake Tahoe, CA in approximate position 38°56′05″ N., 120°00′09″ W. (NAD 83). From 8 a.m. to 2 p.m. on July 4, 2015, the loaded fireworks barge will transit from Tahoe Keys Marina to the launch site off of Tahoe City, CA in approximate position 39°10′09″ N., 120°08′16″ W. (NAD 83) where it will remain until the commencement of the fireworks display. Upon the commencement of the 15 minute fireworks display, scheduled to begin at 9:30 p.m. on July 4, 2015, the safety zone will increase in size to encompass the navigable waters around and under the fireworks barge within a radius 1,000 feet in approximate position 39°10′09″ N., 120°08′16″ W. (NAD 83) for the Fourth of July Fireworks, Tahoe City, CA in 33 CFR 165.1191, Table 1, Item number 15. This safety zone will be in effect from 7 a.m. until 10 p.m. on July 4, 2015. Under the provisions of 33 CFR 165.1191, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone during all applicable tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 15:47 Apr 23, 2015 Jkt 235001 effective dates and times, unless authorized to do so by the PATCOM. Additionally, each person who receives notice of a lawful order or direction issued by an official patrol vessel shall obey the order or direction. The PATCOM is empowered to forbid entry into and control the regulated area. The PATCOM shall be designated by the Commander, Coast Guard Sector San Francisco. The PATCOM may, upon request, allow the transit of commercial vessels through regulated areas when it is safe to do so. This notice is issued under authority of 33 CFR 165.1191 and 5 U.S.C. 552 (a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with extensive advance notification of the safety zone and its enforcement period via the Local Notice to Mariners. If the Captain of the Port determines that the regulated area need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated area. Dated: April 7, 2015. Gregory G. Stump, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2015–09590 Filed 4–23–15; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2015–0071] RIN 1625–AA00 Safety Zone; 24 Mile Tampa Bay Marathon Swim, Tampa Bay; Tampa, FL 22901 safety zone will establish a moving protective area around safety vessels including kayaks involved in the race. Persons and vessels, except those participating in the event, will be prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port St. Petersburg or a designated representative. This rule will be effective from April 24, 2015 through April 25, 2015. This rule will be enforced from 4 a.m. until 9 p.m. on April 25, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2015–0071]. 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 rule, call or email Tyrone J. Stafford, Sector St. Petersburg Prevention Department, U.S. Coast Guard; telephone (813) 228–2191, email D07-SMB-Tampa-WWM@ uscg.mil. If you have questions on viewing or submitting material to the docket, call Rich Walter, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: DATES: Table of Acronyms AGENCY: DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking ACTION: A. Regulatory History and Information Coast Guard, DHS. Temporary final rule. The Coast Guard establishes a temporary moving safety zone on the waters of Tampa Bay in the vicinity of Tampa, Florida during the 24 Mile Tampa Bay Marathon Swim. The 24 Mile Tampa Bay Marathon Swim is scheduled to take place on April 25, 2015. Approximately 30 swimmers are anticipated to participate in the marathon swim event. No spectators are expected to be present during the event. The safety zone is necessary to provide for the safety of the participants, participant vessels, and the general public on the navigable waters of the United States during the event. The SUMMARY: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 On March 9, 2015, a notice of proposed rulemaking (NPRM) entitled Safety Zone; 24 Mile Tampa Bay Marathon Swim; Tampa Bay; Tampa, FL was published in the Federal Register (80 FR 12365). Only 1 comment was received; however, the comment was provided under a separate event (Swim Around Lido Key) comment section. The comment stated concern for a safety zone encompassing the entire 24 mile swim route for the event. The safety zone will be a moving zone that will not impact any other areas of the race path while not in use by the swimmers during the race. E:\FR\FM\24APR1.SGM 24APR1 22902 Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Rules and Regulations 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. Any delay in the effective date of this rule would be contrary to the public interest because immediate action is needed to minimize potential hazards associated with a marathon swim with approximately 30 swimmers involved. tkelley on DSK3SPTVN1PROD with RULES B. Basis and Purpose The legal basis for this rule is the Coast Guard’s authority to establish regulated navigation areas and other limited access areas: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. The purpose of the rule is to provide for the safety of life on navigable waters of the United States during the swimming event. C. Discussion of the Final Rule On April 25, 2015, Distance Matters, Inc. is sponsoring The 24 Mile Tampa Bay Marathon Swim. This open water swim event will be held on the waters of Tampa Bay, Tampa, Florida. Approximately 30 participants are anticipated to participate in the event. No spectator vessels are expected during the event. This rule will establish a temporary moving safety zone that will encompass certain waters of Tampa Bay located in the vicinity of Tampa, Florida. The temporary moving safety zone will be enforced from 4 a.m. until 9 p.m. on April 25, 2015. The safety zone will establish a moving protective area around all safety vessels involved in the race. Persons and vessels, except those participating in the event, will be prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port St. Petersburg or a designated representative. Persons and vessels may request authorization to enter, transit through, anchor in, or remain within the enforcement areas by contacting the Captain of the Port St. Petersburg by telephone at (727) 824–7506, or a designated representative via VHF radio on channel 16. If authorization to enter, transit through, anchor in, or remain within the event area is granted by the Captain of the Port St. Petersburg or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port St. Petersburg or a designated representative. The Coast VerDate Sep<11>2014 15:47 Apr 23, 2015 Jkt 235001 Guard will provide notice of the safety zone by Local Notice to Mariners, Broadcast Notice to Mariners, and/or on-scene designated representatives. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes and executive orders. 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. The economic impact of this rule is not significant for the following reasons: (1) The safety zone will be enforced for seventeen hours; (2) although non-participant persons and vessels will not be able to enter, transit through, anchor in, or remain within the safety zone without authorization from the Captain of the Port St. Petersburg or a designated representative, they may operate in the surrounding areas during the enforcement period; (3) nonparticipant persons and vessels may still enter, transit through, anchor in, or remain within the safety zone during the enforcement period if authorized by the Captain of the Port St. Petersburg or a designated representative; and (4) the Coast Guard will provide advance notification of the safety zone to the local maritime community by Local Notice to Mariners and/or Broadcast Notice to Mariners. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule may affect the following entities, some of which may be small entities: The owners or operators of non- PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 participant vessels intending to enter, transit through, anchor in, or remain within the safety zone described in this regulation during the respective enforcement period. For the reasons discussed in the Regulatory Planning and Review section above, this rule will not have a significant economic impact on a substantial number of small entities. 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 above. 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 E:\FR\FM\24APR1.SGM 24APR1 Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Rules and Regulations 14. Environment 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 an 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. 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. tkelley on DSK3SPTVN1PROD with RULES 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. 15:47 Apr 23, 2015 Jkt 235001 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: (2) Non-participant persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area 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. If authorization to enter, transit through, anchor in, or remain within the regulated area is granted by the Captain of the Port St. Petersburg or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port St. Petersburg or a designated representative. (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and/or on-scene designated representatives. (d) Enforcement date. This rule will be enforced from 4 a.m. until 9 p.m. on April 25, 2015. Dated: April 1, 2015. G. D. Case, Captain, U.S. Coast Guard, Captain of the Port St. Petersburg. [FR Doc. 2015–09580 Filed 4–23–15; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add a temporary § 165.T07–0071 to read as follows: ■ 11. Indian Tribal Governments VerDate Sep<11>2014 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 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction. This rule involves establishing a temporary safety zone that will be enforced for 17 hours total. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. 22903 33 CFR Part 165 [Docket No. USCG–2015–0221] RIN 1625–AA00 Safety Zone: Giants Enterprises Fireworks Display, San Francisco Bay, San Francisco, CA Coast Guard, DHS. Temporary final rule. § 165.T07–0071 Safety Zone; 24 Mile Tampa Bay Marathon Swim, Tampa Bay; Tampa, FL. AGENCY: (a) The following regulated area is a safety zone: All waters within a 50-yard radius around safety vessels including kayaks. (b) Definition. The term ‘‘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 in the enforcement of the regulated areas. (c) Regulations. (1) Non-participant persons and vessels are prohibited from entering, transiting through, anchoring in or remaining within the regulated area unless authorized by the Captain of the Port St. Petersburg or a designated representative. SUMMARY: PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 ACTION: The Coast Guard is establishing a temporary safety zone in the navigable waters of the San Francisco Bay near AT&T Park in support of Giants Enterprises Fireworks Display on May 22, 2015. This safety zone is established to ensure the safety of participants and spectators from the dangers associated with pyrotechnics. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative. DATES: This rule is effective on May 22, 2015. This rule will be enforced from 11 a.m. to 9:30 p.m. on May 22, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2015–0221. To view documents E:\FR\FM\24APR1.SGM 24APR1

Agencies

[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Rules and Regulations]
[Pages 22901-22903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09580]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0071]
RIN 1625-AA00


Safety Zone; 24 Mile Tampa Bay Marathon Swim, Tampa Bay; Tampa, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard establishes a temporary moving safety zone on 
the waters of Tampa Bay in the vicinity of Tampa, Florida during the 24 
Mile Tampa Bay Marathon Swim. The 24 Mile Tampa Bay Marathon Swim is 
scheduled to take place on April 25, 2015. Approximately 30 swimmers 
are anticipated to participate in the marathon swim event. No 
spectators are expected to be present during the event. The safety zone 
is necessary to provide for the safety of the participants, participant 
vessels, and the general public on the navigable waters of the United 
States during the event. The safety zone will establish a moving 
protective area around safety vessels including kayaks involved in the 
race. Persons and vessels, except those participating in the event, 
will be prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by the Captain of 
the Port St. Petersburg or a designated representative.

DATES: This rule will be effective from April 24, 2015 through April 
25, 2015. This rule will be enforced from 4 a.m. until 9 p.m. on April 
25, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0071]. 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 rule, 
call or email Tyrone J. Stafford, Sector St. Petersburg Prevention 
Department, U.S. Coast Guard; telephone (813) 228-2191, email D07-SMB-Tampa-WWM@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Rich Walter, 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

    On March 9, 2015, a notice of proposed rulemaking (NPRM) entitled 
Safety Zone; 24 Mile Tampa Bay Marathon Swim; Tampa Bay; Tampa, FL was 
published in the Federal Register (80 FR 12365). Only 1 comment was 
received; however, the comment was provided under a separate event 
(Swim Around Lido Key) comment section. The comment stated concern for 
a safety zone encompassing the entire 24 mile swim route for the event. 
The safety zone will be a moving zone that will not impact any other 
areas of the race path while not in use by the swimmers during the 
race.

[[Page 22902]]

    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. Any delay in the effective date of 
this rule would be contrary to the public interest because immediate 
action is needed to minimize potential hazards associated with a 
marathon swim with approximately 30 swimmers involved.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to provide for the safety of life on 
navigable waters of the United States during the swimming event.

C. Discussion of the Final Rule

    On April 25, 2015, Distance Matters, Inc. is sponsoring The 24 Mile 
Tampa Bay Marathon Swim. This open water swim event will be held on the 
waters of Tampa Bay, Tampa, Florida. Approximately 30 participants are 
anticipated to participate in the event. No spectator vessels are 
expected during the event.
    This rule will establish a temporary moving safety zone that will 
encompass certain waters of Tampa Bay located in the vicinity of Tampa, 
Florida. The temporary moving safety zone will be enforced from 4 a.m. 
until 9 p.m. on April 25, 2015. The safety zone will establish a moving 
protective area around all safety vessels involved in the race. Persons 
and vessels, except those participating in the event, will be 
prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area unless authorized by the Captain of 
the Port St. Petersburg or a designated representative.
    Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the enforcement areas by 
contacting the Captain of the Port St. Petersburg by telephone at (727) 
824-7506, or a designated representative via VHF radio on channel 16. 
If authorization to enter, transit through, anchor in, or remain within 
the event area is granted by the Captain of the Port St. Petersburg or 
a designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port St. Petersburg or a designated representative. The Coast Guard 
will provide notice of the safety zone by Local Notice to Mariners, 
Broadcast Notice to Mariners, and/or on-scene designated 
representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

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. The economic impact of 
this rule is not significant for the following reasons: (1) The safety 
zone will be enforced for seventeen hours; (2) although non-participant 
persons and vessels will not be able to enter, transit through, anchor 
in, or remain within the safety zone without authorization from the 
Captain of the Port St. Petersburg or a designated representative, they 
may operate in the surrounding areas during the enforcement period; (3) 
non-participant persons and vessels may still enter, transit through, 
anchor in, or remain within the safety zone during the enforcement 
period if authorized by the Captain of the Port St. Petersburg or a 
designated representative; and (4) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners and/or Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule may affect the following entities, some of 
which may be small entities: The owners or operators of non-participant 
vessels intending to enter, transit through, anchor in, or remain 
within the safety zone described in this regulation during the 
respective enforcement period. For the reasons discussed in the 
Regulatory Planning and Review section above, this rule will not have a 
significant economic impact on a substantial number of small entities.

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 above.
    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

[[Page 22903]]

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 an 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction. This rule involves establishing 
a temporary safety zone that will be enforced for 17 hours total. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add a temporary Sec.  165.T07-0071 to read as follows:


Sec.  165.T07-0071  Safety Zone; 24 Mile Tampa Bay Marathon Swim, Tampa 
Bay; Tampa, FL.

    (a) The following regulated area is a safety zone: All waters 
within a 50-yard radius around safety vessels including kayaks.
    (b) Definition. The term ``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 in the enforcement of the regulated 
areas.
    (c) Regulations. (1) Non-participant persons and vessels are 
prohibited from entering, transiting through, anchoring in or remaining 
within the regulated area unless authorized by the Captain of the Port 
St. Petersburg or a designated representative.
    (2) Non-participant persons and vessels desiring to enter, transit 
through, anchor in, or remain within the regulated area 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. If authorization 
to enter, transit through, anchor in, or remain within the regulated 
area is granted by the Captain of the Port St. Petersburg or a 
designated representative, all persons and vessels receiving such 
authorization must comply with the instructions of the Captain of the 
Port St. Petersburg or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and/or on-scene 
designated representatives.
    (d) Enforcement date. This rule will be enforced from 4 a.m. until 
9 p.m. on April 25, 2015.

    Dated: April 1, 2015.
G. D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2015-09580 Filed 4-23-15; 8:45 am]
 BILLING CODE 9110-04-P