Security Zone; Tampa Bay, Port of Tampa, Rattlesnake, Big Bend, FL, 45162-45165 [E7-15827]
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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant or petty
officer who has been designated by the
Captain of the Port to act on his behalf.
The on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Lake
Michigan or his on-scene representative
to obtain permission to do so. The
Captain of the Port or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Lake Michigan or his onscene representative.
Dated: August 3, 2007.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. E7–15826 Filed 8–10–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP Sector St. Petersburg, FL. 07–047]
RIN 1625–AA87
Security Zone; Tampa Bay, Port of
Tampa, Rattlesnake, Big Bend, FL
Coast Guard, DHS.
Temporary Final Rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
temporarily revising the security zones
in the Port of Tampa, East Bay,
Rattlesnake, Sunshine Skyway Bridge
and Big Bend for the purpose of
providing counter-surveillance,
intrusion detection and response
measures. Entry into these zones will be
prohibited unless authorized by the
Captain of the Port, or his designated
representative.
DATES: This rule is effective from July
26, 2007 through January 1, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket [COTP 07–047]
and are available for inspection or
copying at Coast Guard Sector St.
Petersburg, Prevention Department, 155
Columbia Drive, Tampa, FL 33606–3598
between 7:30 a.m. and 3:30 p.m.,
Monday through Friday, except Federal
holidays.
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Lt.
Ronaydee Marquez, Waterways
Management Division, Sector St.
Petersburg, FL (813) 228–2191 Ext 8307.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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. It is
necessary to implement these changes
immediately to ensure the security of
vessels, facilities, and the surrounding
areas within the Captain of the Port
Sector St. Petersburg Zone. These are
temporary modifications of currently
existing zones. The Coast Guard does
intend to make these changes
permanent, and will publish a Notice of
Proposed Rulemaking to request public
comments before any permanent
changes are made.
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.
Background and Purpose
The Maritime Transportation Security
Act mandated Area Maritime Security
Committee convened a working group to
validate the existing security zones
within Tampa Bay that were established
following the terrorist attacks of
September 11, 2001. These existing
security zones included some
established September 3, 2003, codified
in 33 CFR 165.760, and some
established September 1, 2003, codified
in § 165.764 (68 FR 47852, August 12,
2003).
Using the newly developed Maritime
Security Risk Analysis Model tool, the
working group evaluated risk to the
maritime transportation system (MTS)
within Tampa Bay. The results of the
risk assessment indicated the need to
revise the following established security
zones for the purpose of implementing
counter-surveillance; and, intrusion
detection and response measures:
• § 165.760(a)(1), Rattlesnake, Tampa,
FL;
• § 165.760(a)(3), Sunshine Skyway
Bridge, Tampa, FL;
• § 165.760(a)(5), Piers, Seawalls, and
Facilities, Port of Tampa, Port Sutton
and East Bay;
• § 165.760(a)(6), Piers, Seawalls, and
Facilities, Port of Tampa, East Bay and
the eastern side of Hooker’s Point;
• § 165.760(a)(7), Piers, Seawalls, and
Facilities, Port of Tampa, on the western
side of Hooker’s Point; and
• § 165.760(a)(8), Piers, Seawalls, and
Facilities, Port of Manatee.
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• § 165.764(a)(1), Big Bend, Tampa
Bay, Florida zone.
The Security Zones revised include 3
zones within the Port of Tampa (Port
Sutton and East Bay; East Bay and the
eastern side of Hooker’s Point; and the
western side of Hooker’s Point),
Sunshine Skyway Bridge, Rattlesnake
and Big Bend and Port of Manatee. At
the Port of Tampa, a minor adjustment
to the Security Zone boundary was
implemented for alignment with
protected assets. The East Bay segment
of the Security Zone was discontinued.
The Security Zone beneath the
Sunshine Skyway Bridge was reduced
to the size of the navigable channel. The
Rattlesnake area Security Zone was
expanded shoreward to protect critical
facilities. The Big Bend Security Zone
was modified to align with the natural
barriers around the facility.
Discussion of Rule
This temporary rule is establishing
the following security zones and will
temporarily suspend paragraphs in
§§ 165.760 and 165.764 that are being
replaced by these new security zones or
that are no longer needed. The
coordinates are based on North
American Datum (NAD) 1983.
• Rattlesnake, Tampa, FL. All water
from surface to bottom, in Old Tampa
Bay east and south of a line
commencing at position 27°53.32′ N,
082°32.05′ W; north to 27°53.36′ N,
082°32.05′ W, including the fenced area
encompassing the Chemical
Formulators Chlorine Facility.
• Sunshine Skyway Bridge, FL. All
waters in Tampa Bay, from surface to
bottom, in Cut ‘‘A’’ channel beneath the
bridge’s main span encompassed by a
line connecting the following points:
27°37.30′ N, 082°39.38′ W to 27°37.13′
N, 082°39.26′ W; and, the bridge
structure columns, base and dolphins.
This is specific to the bridge structure
and dolphins and does not include
waters adjacent to the bridge columns or
dolphins outside of the bridge’s main
span.
• Piers, seawalls, and facilities, Port
of Tampa and Port Sutton, Tampa, FL.
All waters, from surface to bottom,
extending 50 yards from the shore,
seawall and piers around facilities in
Port Sutton within the Port of Tampa
encompassed by a line connecting the
following points: 27°54.15′ N,
082°26.11′ W, east northeast to 27°54.19′
N, 082°26.00′ W, then northeast to
27°54.37′ N, 082°25.72′ W, closing off
all Port Sutton channel, then northerly
to 27°54.48′ N, 082°25.70′ W.
• Piers, seawalls, and facilities, Port
of Tampa, on the western side of
Hooker’s Point, Tampa, FL. All waters,
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from surface to bottom, extending 50
yards from the shore, seawall and piers
around facilities on Hillsborough Bay
northern portion of Cut ‘‘D’’ channel,
Sparkman channel, Ybor Turning Basin,
and Ybor channel within the Port of
Tampa encompassed by a line
connecting the following points:
27°54.74′ N, 082°26.47′ W, northwest to
27°55.25′ N, 082°26.73′ W, then northnorthwest to 27°55.60′ N, 082°26.80′ W,
then north-northeast to 27°56.00′ N,
082°26.75′ W, then northeast to
27°56.58′ N, 082°26.53′ W, and north to
27°57.29′ N, 082°26.51′ W, west to
27°57.29′ N, 082°26.61′ W, then
southerly to 27°56.65′ N, 082°26.63′ W,
southwesterly to 27°56.58′ N, 082°26.69′
W, then southwesterly and terminating
at 27°56.53′ N, 082°26.90′ W.
• Big Bend Power Plant, FL. All
waters of Tampa Bay, from surface to
bottom, adjacent to the Big Bend Power
Facility, and within an area bounded by
a line connecting the following points:
27°48.08′ N, 082°24.88′ W then
northwest to 27°48.15′ N, 082°24.96′ W
then southwest to 27°48.10′ N,
082°25.00′ W then south-southwest to
27°47.85′ N, 082°25.03′ W then
southeast to 27°47.85′ N, 082°24.79′ W
then east to 27°47.55′ N, 082°24.04′ W
then north to 27°47.62′ N, 082°84.04′ W
then west to 27°47.60′ N, 082°24.72′ W
then north to 27°48.03′ N, 082°24.70′ W
then northwest to 27°48.08′ N,
082°24.88′ W, closing off entrance to Big
Bend Power Facility and the attached
cooling canal.
Entry into or remaining on or within
these zones is prohibited unless
authorized by the Captain of the Port
Sector St. Petersburg or his designated
representative. Persons desiring to
transit the area of the security zone may
contact the Captain of the Port Sector St.
Petersburg or his designee on VHF
channel 16, or by phone at (727) 824–
7506, to seek permission to transit the
area. If permission is granted, all
persons and vessels must comply with
the instructions of the Captain of the
Port or his designated representative.
Regulatory Evaluation
This 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.
We expect the economic impact of
this rule to be so minimal that a full
Regulatory Evaluation is unnecessary.
This rule may have some impact on the
public, but these potential impacts will
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be minimized for the following reasons:
There is ample room for vessels to
navigate around security zones, and
there are several locations for
recreational and commercial fishing
vessels to fish throughout the Tampa
Bay Region. Also, the Captain of the
Port may, on a case-by-case basis allow
persons or vessels to enter a security
zone.
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 may impact the following
entities, some of which may be small
entities: the owners or operators of
vessels who wish to transit in the areas
where the security zones are enforced.
This rule will not have a significant
impact on a substantial number of small
entities because the majority of the
zones are limited in size, leaving ample
room for vessels to navigate around the
zones. The zones will not significantly
impact commuter and passenger vessel
traffic patterns, and mariners will be
notified of the zones via local notice to
mariners and marine broadcasts. Also,
the Captain of the Port may on a caseby-case basis allow persons or vessels to
enter a security zone.
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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
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.
Assistance for Small Entities
Protection of Children
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 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 office
listed under FOR FURTHER INFORMATION
CONTACT, for assistance in
understanding this rule. 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.
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.
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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
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Federal Register / Vol. 72, No. 155 / Monday, August 13, 2007 / Rules and Regulations
responsibilities between the Federal
Government and Indian tribes.
List of Subjects in 33 CFR Part 165
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.
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Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded 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. An
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are available in the
docket where indicated under
ADDRESSES.
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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 art 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 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.
I 2. Add new temporary § 165.T07–047
to read as follows:
§ 165.T07–047 Security Zone; Tampa Bay,
Port of Tampa, Rattlesnake and Big Bend;
Florida.
(a) Regulated Areas. The following
areas, denoted by coordinates fixed
using the North American Datum of
1983, are security zones:
(1) Rattlesnake, Tampa, FL. All water
from surface to bottom, in Old Tampa
Bay east and south of a line
commencing at position 27°53.32′ N,
082°32.05′ W; north to 27°53.36′ N,
082°32.05′ W, including the fenced area
encompassing the Chemical
Formulators Chlorine Facility.
(2) Sunshine Skyway Bridge, FL. All
waters in Tampa Bay, from surface to
bottom, in Cut ‘‘A’’ channel beneath the
bridge’s main span encompassed by a
line connecting the following points:
27°37.30′ N, 082°39.38′ W to 27°37.13′
N, 082°39.26′ W; and, the bridge
structure columns, base and dolphins.
This is specific to the bridge structure
and dolphins and does not include
waters adjacent to the bridge columns or
dolphins outside of the bridge’s main
span.
(3) Piers, seawalls, and facilities, Port
of Tampa and Port Sutton, Tampa, FL.
All waters, from surface to bottom,
extending 50 yards from the shore,
seawall and piers around facilities in
Port Sutton within the Port of Tampa
encompassed by a line connecting the
following points: 27°54.15′ N,
082°26.11′ W, east northeast to 27°54.19′
N, 082°26.00′ W, then northeast to
27°54.37′ N, 082°25.72′ W, closing off
all Port Sutton Channel, then northerly
to 27°54.48′ N, 082°25.70′ W.
(4) Piers, seawalls, and facilities, Port
of Tampa, on the western side of
Hooker’s Point, Tampa, FL. All waters,
from surface to bottom, extending 50
yards from the shore, seawall and piers
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around facilities on Hillsborough Bay
northern portion of Cut ‘‘D’’ channel,
Sparkman channel, Ybor Turning Basin,
and Ybor channel within the Port of
Tampa encompassed by a line
connecting the following points:
27°54.74′ N, 082°26.47′ W, northwest to
27°55.25′ N, 082°26.73′ W, then northnorthwest to 27°55.60′ N, 082°26.80′ W,
then north-northeast to 27°56.00′ N,
082°26.75′ W, then northeast to
27°56.58′ N, 082°26.53′ W, and north to
27°57.29′ N, 082°26.51′ W, west to
27°57.29′ N, 082°26.61′ W, then
southerly to 27°56.65′ N, 082°26.63′ W,
southwesterly to 27°56.58′ N, 082°26.69′
W, then southwesterly and terminating
at 27°56.53′ N, 082°26.90′ W.
(5) Big Bend Power Plant, FL. All
waters of Tampa Bay, from surface to
bottom, adjacent to the Big Bend Power
Facility, and within an area bounded by
a line connecting the following points:
27°48.08′ N, 082°24.88′ W then
northwest to 27°48.15′ N, 082°24.96′ W
then southwest to 27°48.10′ N,
082°25.00′ W then south-southwest to
27°47.85′ N, 082°25.03′ W then
southeast to 27°47.85′ N, 082°24.79′ W
the east to 27°47.55′ N, 082°24.04′ W the
north to 27°47.62′ N, 082°84.04′ W then
west to 27°47.60′ N, 082°24.72′ W then
north to 27°48.03′ N, 082°24.70′ W then
northwest to 27°48.08′ N, 082°24.88′ W,
closing off entrance to Big Bend Power
Facility and the attached cooling canal.
(b) Regulation. (1) Entry into or
remaining on or within these zones is
prohibited unless authorized by the
Captain of the Port Sector St. Petersburg
or his designee.
(2) Persons desiring to transit the area
of the security zone may contact the
Captain of the Port Sector St. Petersburg
or his designee on VHF channel 16, or
by phone at (727) 824–7506, to seek
permission to transit the area. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port or
his designated representative.
(c) Effective period. This section is
effective from July 26, 2007, through
January 1, 2008.
§ 165.760
[Amended]
3. In § 165.760, from July 26, 2007,
until January 1, 2008, suspend
paragraphs (a)(1), (a)(3), (a)(5), (a)(6),
(a)(7) and (a)(8).
I
§ 165.764
[Amended]
4. In § 165.764, from July 26, 2007
until January 1, 2008, suspend
paragraph (a)(1).
I
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Dated: July 25, 2007.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the
Port Sector St. Petersburg.
[FR Doc. E7–15827 Filed 8–10–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2006–0060; FRL–8452–6]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
State Implementation Plan Revision
Variance for International Paper,
Franklin Paper Mill, Virginia
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the
Commonwealth of Virginia State
Implementation Plan (SIP). This action
will approve the SIP revision request
submitted by the Commonwealth of
Virginia, consisting of the variance
regulations adopted by Virginia for the
International Paper, Franklin Paper Mill
facility. The variance regulations
provide regulatory relief from
compliance with state regulations
governing new source review for the
implementation of the International
Paper, Franklin Paper Mill innovation
project. In lieu of compliance with these
regulatory requirements, the variance
requires the facility to comply with sitewide emission caps. EPA is approving
this revision to the Commonwealth of
Virginia State Implementation Plan in
accordance with the requirements of the
Clean Air Act.
DATES: This rule is effective on October
12, 2007 without further notice, unless
EPA receives adverse written comment
by September 12, 2007. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2006–0060 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. E-mail: campbell.dave@epa.gov.
C. Mail: EPA–R03–OAR–2006–0060,
David Campbell, Chief, Permits and
Technical Assessment Branch, Mailcode
3AP11, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
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D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2006–
0060. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, 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 www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
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 www.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
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., 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 www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
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FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, (215) 814–3376, or by
e-mail at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
International Paper operates a pulp
and paper mill located in Franklin,
Virginia. International Paper is a
member of EPA’s voluntary National
Environmental Performance Track
Program and the Virginia Department of
Environmental Quality’s (VADEQ)
Environmental Excellence Program.
International Paper had entered into a
partnership with the U.S. EPA and the
VADEQ to implement an innovative
approach to meeting environmental
regulations in a more cost-effective
manner. International Paper submitted a
proposal for such an innovative project
to VADEQ. International Paper’s
innovation project relied on the
principles established in the Joint EPA/
State Agreement to Pursue Regulatory
Innovation that was signed by EPA and
the Environmental Council of States
(ECOS) in 1998.
The International Paper innovation
project includes a number of
environmentally beneficial projects that
will: (1) Reduce groundwater use; (2)
reduce solid waste generation and
disposal; (3) reduce chemical and
biological oxygen demand, and total
suspended solids discharges to surface
water; (4) reduce overall emissions for a
number of air pollutants; and, (5)
increase the efficiency of pulp
production.
By implementing this project,
emissions of hazardous air pollutants
will be reduced at the Mill by an
estimated 430 tons per year. Emissions
increases of criteria pollutants and
carbon dioxide from typical NESHAP
control strategies will also be reduced
under this project. These reductions,
along with improvements in the
combustion efficiencies of the No. 7
power boiler and No. 6 recovery furnace
will result in a decreased use of fossil
fuels and will net large decreases in
criteria pollutant emissions from the
Mill. The reduction in useable fiber
discharges in the mill sewer along with
improvements in the performance of the
wastewater treatment system will result
in substantial reductions in discharges
of wastewater pollutants. Generation of
thousands of tons per year of solid
waste will also be eliminated.
In order to implement these projects,
certain innovations to the typical
regulatory implementation process were
necessary in order to make these
environmentally beneficial projects a
reality. First, the International Paper
innovation project required an
E:\FR\FM\13AUR1.SGM
13AUR1
]]>Agencies
[Federal Register Volume 72, Number 155 (Monday, August 13, 2007)]
[Rules and Regulations]
[Pages 45162-45165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15827]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Sector St. Petersburg, FL. 07-047]
RIN 1625-AA87
Security Zone; Tampa Bay, Port of Tampa, Rattlesnake, Big Bend,
FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final Rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily revising the security zones in
the Port of Tampa, East Bay, Rattlesnake, Sunshine Skyway Bridge and
Big Bend for the purpose of providing counter-surveillance, intrusion
detection and response measures. Entry into these zones will be
prohibited unless authorized by the Captain of the Port, or his
designated representative.
DATES: This rule is effective from July 26, 2007 through January 1,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP 07-047] and are available for
inspection or copying at Coast Guard Sector St. Petersburg, Prevention
Department, 155 Columbia Drive, Tampa, FL 33606-3598 between 7:30 a.m.
and 3:30 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lt. Ronaydee Marquez, Waterways
Management Division, Sector St. Petersburg, FL (813) 228-2191 Ext 8307.
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. It is necessary to implement
these changes immediately to ensure the security of vessels,
facilities, and the surrounding areas within the Captain of the Port
Sector St. Petersburg Zone. These are temporary modifications of
currently existing zones. The Coast Guard does intend to make these
changes permanent, and will publish a Notice of Proposed Rulemaking to
request public comments before any permanent changes are made.
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.
Background and Purpose
The Maritime Transportation Security Act mandated Area Maritime
Security Committee convened a working group to validate the existing
security zones within Tampa Bay that were established following the
terrorist attacks of September 11, 2001. These existing security zones
included some established September 3, 2003, codified in 33 CFR
165.760, and some established September 1, 2003, codified in Sec.
165.764 (68 FR 47852, August 12, 2003).
Using the newly developed Maritime Security Risk Analysis Model
tool, the working group evaluated risk to the maritime transportation
system (MTS) within Tampa Bay. The results of the risk assessment
indicated the need to revise the following established security zones
for the purpose of implementing counter-surveillance; and, intrusion
detection and response measures:
Sec. 165.760(a)(1), Rattlesnake, Tampa, FL;
Sec. 165.760(a)(3), Sunshine Skyway Bridge, Tampa, FL;
Sec. 165.760(a)(5), Piers, Seawalls, and Facilities, Port
of Tampa, Port Sutton and East Bay;
Sec. 165.760(a)(6), Piers, Seawalls, and Facilities, Port
of Tampa, East Bay and the eastern side of Hooker's Point;
Sec. 165.760(a)(7), Piers, Seawalls, and Facilities, Port
of Tampa, on the western side of Hooker's Point; and
Sec. 165.760(a)(8), Piers, Seawalls, and Facilities, Port
of Manatee.
Sec. 165.764(a)(1), Big Bend, Tampa Bay, Florida zone.
The Security Zones revised include 3 zones within the Port of Tampa
(Port Sutton and East Bay; East Bay and the eastern side of Hooker's
Point; and the western side of Hooker's Point), Sunshine Skyway Bridge,
Rattlesnake and Big Bend and Port of Manatee. At the Port of Tampa, a
minor adjustment to the Security Zone boundary was implemented for
alignment with protected assets. The East Bay segment of the Security
Zone was discontinued. The Security Zone beneath the Sunshine Skyway
Bridge was reduced to the size of the navigable channel. The
Rattlesnake area Security Zone was expanded shoreward to protect
critical facilities. The Big Bend Security Zone was modified to align
with the natural barriers around the facility.
Discussion of Rule
This temporary rule is establishing the following security zones
and will temporarily suspend paragraphs in Sec. Sec. 165.760 and
165.764 that are being replaced by these new security zones or that are
no longer needed. The coordinates are based on North American Datum
(NAD) 1983.
Rattlesnake, Tampa, FL. All water from surface to bottom,
in Old Tampa Bay east and south of a line commencing at position
27[deg]53.32' N, 082[deg]32.05' W; north to 27[deg]53.36' N,
082[deg]32.05' W, including the fenced area encompassing the Chemical
Formulators Chlorine Facility.
Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from
surface to bottom, in Cut ``A'' channel beneath the bridge's main span
encompassed by a line connecting the following points: 27[deg]37.30' N,
082[deg]39.38' W to 27[deg]37.13' N, 082[deg]39.26' W; and, the bridge
structure columns, base and dolphins. This is specific to the bridge
structure and dolphins and does not include waters adjacent to the
bridge columns or dolphins outside of the bridge's main span.
Piers, seawalls, and facilities, Port of Tampa and Port
Sutton, Tampa, FL. All waters, from surface to bottom, extending 50
yards from the shore, seawall and piers around facilities in Port
Sutton within the Port of Tampa encompassed by a line connecting the
following points: 27[deg]54.15' N, 082[deg]26.11' W, east northeast to
27[deg]54.19' N, 082[deg]26.00' W, then northeast to 27[deg]54.37' N,
082[deg]25.72' W, closing off all Port Sutton channel, then northerly
to 27[deg]54.48' N, 082[deg]25.70' W.
Piers, seawalls, and facilities, Port of Tampa, on the
western side of Hooker's Point, Tampa, FL. All waters,
[[Page 45163]]
from surface to bottom, extending 50 yards from the shore, seawall and
piers around facilities on Hillsborough Bay northern portion of Cut
``D'' channel, Sparkman channel, Ybor Turning Basin, and Ybor channel
within the Port of Tampa encompassed by a line connecting the following
points: 27[deg]54.74' N, 082[deg]26.47' W, northwest to 27[deg]55.25'
N, 082[deg]26.73' W, then north-northwest to 27[deg]55.60' N,
082[deg]26.80' W, then north-northeast to 27[deg]56.00' N,
082[deg]26.75' W, then northeast to 27[deg]56.58' N, 082[deg]26.53' W,
and north to 27[deg]57.29' N, 082[deg]26.51' W, west to 27[deg]57.29'
N, 082[deg]26.61' W, then southerly to 27[deg]56.65' N, 082[deg]26.63'
W, southwesterly to 27[deg]56.58' N, 082[deg]26.69' W, then
southwesterly and terminating at 27[deg]56.53' N, 082[deg]26.90' W.
Big Bend Power Plant, FL. All waters of Tampa Bay, from
surface to bottom, adjacent to the Big Bend Power Facility, and within
an area bounded by a line connecting the following points:
27[deg]48.08' N, 082[deg]24.88' W then northwest to 27[deg]48.15' N,
082[deg]24.96' W then southwest to 27[deg]48.10' N, 082[deg]25.00' W
then south-southwest to 27[deg]47.85' N, 082[deg]25.03' W then
southeast to 27[deg]47.85' N, 082[deg]24.79' W then east to
27[deg]47.55' N, 082[deg]24.04' W then north to 27[deg]47.62' N,
082[deg]84.04' W then west to 27[deg]47.60' N, 082[deg]24.72' W then
north to 27[deg]48.03' N, 082[deg]24.70' W then northwest to
27[deg]48.08' N, 082[deg]24.88' W, closing off entrance to Big Bend
Power Facility and the attached cooling canal.
Entry into or remaining on or within these zones is prohibited
unless authorized by the Captain of the Port Sector St. Petersburg or
his designated representative. Persons desiring to transit the area of
the security zone may contact the Captain of the Port Sector St.
Petersburg or his designee on VHF channel 16, or by phone at (727) 824-
7506, to seek permission to transit the area. If permission is granted,
all persons and vessels must comply with the instructions of the
Captain of the Port or his designated representative.
Regulatory Evaluation
This 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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This rule may have some
impact on the public, but these potential impacts will be minimized for
the following reasons: There is ample room for vessels to navigate
around security zones, and there are several locations for recreational
and commercial fishing vessels to fish throughout the Tampa Bay Region.
Also, the Captain of the Port may, on a case-by-case basis allow
persons or vessels to enter a security zone.
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 may impact the following entities, some of which
may be small entities: the owners or operators of vessels who wish to
transit in the areas where the security zones are enforced. This rule
will not have a significant impact on a substantial number of small
entities because the majority of the zones are limited in size, leaving
ample room for vessels to navigate around the zones. The zones will not
significantly impact commuter and passenger vessel traffic patterns,
and mariners will be notified of the zones via local notice to mariners
and marine broadcasts. Also, the Captain of the Port may on a case-by-
case basis allow persons or vessels to enter a security zone.
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 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 office listed under FOR
FURTHER INFORMATION CONTACT, for assistance in understanding this rule.
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.
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 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 may
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
[[Page 45164]]
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
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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. An ``Environmental Analysis Check List'' 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.
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 art 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, 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. Add new temporary Sec. 165.T07-047 to read as follows:
Sec. 165.T07-047 Security Zone; Tampa Bay, Port of Tampa, Rattlesnake
and Big Bend; Florida.
(a) Regulated Areas. The following areas, denoted by coordinates
fixed using the North American Datum of 1983, are security zones:
(1) Rattlesnake, Tampa, FL. All water from surface to bottom, in
Old Tampa Bay east and south of a line commencing at position
27[deg]53.32' N, 082[deg]32.05' W; north to 27[deg]53.36' N,
082[deg]32.05' W, including the fenced area encompassing the Chemical
Formulators Chlorine Facility.
(2) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from
surface to bottom, in Cut ``A'' channel beneath the bridge's main span
encompassed by a line connecting the following points: 27[deg]37.30' N,
082[deg]39.38' W to 27[deg]37.13' N, 082[deg]39.26' W; and, the bridge
structure columns, base and dolphins. This is specific to the bridge
structure and dolphins and does not include waters adjacent to the
bridge columns or dolphins outside of the bridge's main span.
(3) Piers, seawalls, and facilities, Port of Tampa and Port Sutton,
Tampa, FL. All waters, from surface to bottom, extending 50 yards from
the shore, seawall and piers around facilities in Port Sutton within
the Port of Tampa encompassed by a line connecting the following
points: 27[deg]54.15' N, 082[deg]26.11' W, east northeast to
27[deg]54.19' N, 082[deg]26.00' W, then northeast to 27[deg]54.37' N,
082[deg]25.72' W, closing off all Port Sutton Channel, then northerly
to 27[deg]54.48' N, 082[deg]25.70' W.
(4) Piers, seawalls, and facilities, Port of Tampa, on the western
side of Hooker's Point, Tampa, FL. All waters, from surface to bottom,
extending 50 yards from the shore, seawall and piers around facilities
on Hillsborough Bay northern portion of Cut ``D'' channel, Sparkman
channel, Ybor Turning Basin, and Ybor channel within the Port of Tampa
encompassed by a line connecting the following points: 27[deg]54.74' N,
082[deg]26.47' W, northwest to 27[deg]55.25' N, 082[deg]26.73' W, then
north-northwest to 27[deg]55.60' N, 082[deg]26.80' W, then north-
northeast to 27[deg]56.00' N, 082[deg]26.75' W, then northeast to
27[deg]56.58' N, 082[deg]26.53' W, and north to 27[deg]57.29' N,
082[deg]26.51' W, west to 27[deg]57.29' N, 082[deg]26.61' W, then
southerly to 27[deg]56.65' N, 082[deg]26.63' W, southwesterly to
27[deg]56.58' N, 082[deg]26.69' W, then southwesterly and terminating
at 27[deg]56.53' N, 082[deg]26.90' W.
(5) Big Bend Power Plant, FL. All waters of Tampa Bay, from surface
to bottom, adjacent to the Big Bend Power Facility, and within an area
bounded by a line connecting the following points: 27[deg]48.08' N,
082[deg]24.88' W then northwest to 27[deg]48.15' N, 082[deg]24.96' W
then southwest to 27[deg]48.10' N, 082[deg]25.00' W then south-
southwest to 27[deg]47.85' N, 082[deg]25.03' W then southeast to
27[deg]47.85' N, 082[deg]24.79' W the east to 27[deg]47.55' N,
082[deg]24.04' W the north to 27[deg]47.62' N, 082[deg]84.04' W then
west to 27[deg]47.60' N, 082[deg]24.72' W then north to 27[deg]48.03'
N, 082[deg]24.70' W then northwest to 27[deg]48.08' N, 082[deg]24.88'
W, closing off entrance to Big Bend Power Facility and the attached
cooling canal.
(b) Regulation. (1) Entry into or remaining on or within these
zones is prohibited unless authorized by the Captain of the Port Sector
St. Petersburg or his designee.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port Sector St. Petersburg or his designee
on VHF channel 16, or by phone at (727) 824-7506, to seek permission to
transit the area. If permission is granted, all persons and vessels
must comply with the instructions of the Captain of the Port or his
designated representative.
(c) Effective period. This section is effective from July 26, 2007,
through January 1, 2008.
Sec. 165.760 [Amended]
0
3. In Sec. 165.760, from July 26, 2007, until January 1, 2008, suspend
paragraphs (a)(1), (a)(3), (a)(5), (a)(6), (a)(7) and (a)(8).
Sec. 165.764 [Amended]
0
4. In Sec. 165.764, from July 26, 2007 until January 1, 2008, suspend
paragraph (a)(1).
[[Page 45165]]
Dated: July 25, 2007.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. E7-15827 Filed 8-10-07; 8:45 am]
BILLING CODE 4910-15-P
