Security Zone; Tampa Bay, Port of Tampa, Port of St. Petersburg, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and Crystal River, FL, 62609-62613 [E7-21760]

Download as PDF Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Proposed Rules sentence at the end of the paragraph to read as follows: § 1.704–4 property. Distribution of contributed mstockstill on PROD1PC66 with PROPOSALS * * * * * (c) * * * (4) * * * (ii) * * * (E) * * * See § 1.737–2(b)(1)(ii)(E) for a similar rule in the context of section 737. * * * * * 8. On page 46936, column 1, § 1.704– 4(c)(4)(ii)(F), Example (2)(i), line 7 from the bottom of the paragraph, the language ‘‘fair market value of $400x, and $450x in’’ is corrected to read ‘‘fair market value of $400x, and $400x in’’. 9. On page 46936, column 1, § 1.704– 4(c)(4)(ii)(F), Example (2)(i), lines 3 and 4 from the bottom of the paragraph, the language ‘‘PRS1 as follows: A, 25%; B, 25%; C, 16.67%; D, 16.67% and E, 16.67%. On January 1,’’ is corrected to read ‘‘PRS1 as follows: A, 25.76 percent; B, 25.76 percent; C, 16.16 percent; D, 16.16 percent; and E, 16.16 percent. On January 1,’’. 10. On page 46936, column 2, § 1.704–4(c)(4)(ii)(F), Example (2)(ii), first line of the column, the language ‘‘as a result of the merger. C also has $100 of’’ is corrected to read ‘‘as a result of the merger. C also has $100x of’’. 11. On page 46936, column 2, § 1.704–4(c)(4)(ii)(F), Example (3)(i), lines 3 and 4 from the bottom of the paragraph, the language ‘‘loss interests in PRS1 as follows: A, 27.5%; B, 27.5%; C, 15%; D, 15% and E, 15%. On’’ is corrected to read ‘‘loss interests in PRS1 as follows: A, 27.5 percent; B, 27.5 percent; C, 15 percent; D, 15 percent; and E, 15 percent. On’’. 12. On page 46936, column 2, § 1.704–4(c)(4)(ii)(F), Example (3)(i), last line of the paragraph, the language ‘‘when its value is still $600.’’ is corrected to read ‘‘when its value is still $600x.’’ 13. On page 46936, column 2, § 1.704–4(c)(4)(ii)(F), Example (3)(ii), line 8, the language ‘‘($600x (fair market value)—100x (adjusted’’ is corrected to read ‘‘($600x (fair market value)—$100x (adjusted’’. 14. On page 46936, column 2, § 1.704–4(c)(4)(ii)(F), Example (3)(ii), line 5 from the bottom of the paragraph, the language ‘‘E each succeed to $150 of new section 704(c)’’ is corrected to read ‘‘E each succeed to $150x of new section 704(c)’’. 15. On page 46936, column 2, § 1.704–4 paragraph (c)(4)(ii)(F), Example (3)(ii), last line of the paragraph, the language ‘‘recognize $150 VerDate Aug<31>2005 16:29 Nov 05, 2007 Jkt 214001 of gain.’’ is corrected to read ‘‘recognize $150x of gain.’’. 16. On page 46936, column 3, § 1.704–4(c)(4)(ii)(F), Example (5)(i), line 5 from the bottom of the paragraph, the language ‘‘of the partnerships, A contributed the Asset’’ is corrected to read ‘‘of the partnerships, A contributed Asset’’. 17. On page 46936, column 3, § 1.704–4(c)(4)(ii)(F), Example (5)(ii), last line of the paragraph, the language ‘‘distributes all of Asset X to A.’’ is corrected to read ‘‘distributes Asset X to A.’’. § 1.737–2 [Corrected] 18. On page 46937, column 1, item 2 in instructional Par. 5. is corrected, and item 3 is added to read as follows: Par. 5. Section 1.737–2 is amended as follows: 1. * * * 2. Paragraph (e) is redesignated as paragraph (f). 3. New paragraph (e) is added. The addition and revision read as follows: § 1.737–2 Exceptions and special rules. * * * * * (e) Reverse section 704(c) gain. * * * 19. On page 46938, column 3, § 1.737–2(b)(1)(ii)(F), Example (5)(ii), line 2 from the bottom of the paragraph, the language ‘‘liabilities. In 2006, PRS2 distributes all of’’ is corrected to read ‘‘liabilities. In 2006, PRS2 distributes’’. Cynthia Grigsby, Senior Federal Register Liaison Officer, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E7–21820 Filed 11–5–07; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. COTP St. Petersburg 07–046] RIN 1625–AA87 Security Zone; Tampa Bay, Port of Tampa, Port of St. Petersburg, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and Crystal River, FL Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to revise certain security zones within the Captain of the Port Sector St. Petersburg PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 62609 Zone (formerly the Captain of the Port Tampa Zone). The purpose of these revisions is to ensure the security of vessels, facilities, and the surrounding areas within these zones. Entry into the area encompassed by these revised security zones would be prohibited without permission of the Captain of the Port. Comments and related material must reach the Coast Guard on or before December 6, 2007. DATES: You may mail comments and related material to Coast Guard Sector St. Petersburg, Prevention Department, 155 Columbia Drive, Tampa, FL 33606–3598. Coast Guard Sector St. Petersburg, Prevention Department maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at Coast Guard 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Lieutenant Jessica Crandell at the Waterways Management Division, Sector St. Petersburg, FL (813) 228–2191 Ext 8146. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please identify the docket number for this rulemaking (COTP Sector St. Petersburg 07–046), indicate the specific section of this document to which each comment applies, and give the reason for each comment. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. For example, we may ask you to resubmit your comment if we are not able to read your original submission. Please submit all comments and related material in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying. If you would like to know they reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. E:\FR\FM\06NOP1.SGM 06NOP1 62610 Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Proposed Rules Public Meeting We do not now plan to hold a public meeting. You may submit a request for a meeting by writing to Waterways Management Division at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. mstockstill on PROD1PC66 with PROPOSALS Background and Purpose The Maritime Transportation Security Act authorized the establishment of Area Maritime Security Committees (AMSC) that ‘‘advise, consult with, report to, and make recommendations’’ on matters relating to maritime security in an AMSC’s port area. See 46 U.S.C. 70112(a)(2) and 33 CFR 103.205. One topic the Tampa AMSC discussed is the existing security zones established soon after the terrorist attacks of September 11, 2001. See 68 FR 47852, August 12, 2003, and 68 FR 52340, September 3, 2003. These existing security zones were established in 2003 and codified in 33 CFR 165.760 and 165.764 by the Captain of the Port Tampa. As noted in the notice of proposed rulemakings for these two final rules, there were a number of temporary security zone rules issued before these two final rules. See 68 FR 7093, February 12, 2003 and 68 FR 19166, April 18, 2003. Some of the security zones in §§ 165.760 and 165.764 were suspended from July 26, 2007 until January 1, 2008, and revised, temporary security zones were made effective during this same period. See 72 FR 45162, August 13, 2007. These temporary changes were made based on the newly-developed Maritime Security Risk Analysis tool utilized by the AMSC. A Tampa AMSC working group evaluated risk to the maritime transportation system (MTS) within Tampa Bay, and assessed various risk mitigation options. The results of the risk assessment indicated the need to revise the following established security zones for the purpose of enhancing port security for the region: • § 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)(7), Piers, Seawalls, and Facilities, Port of Tampa, on the western side of Hooker’s Point; • § 165.764(a)(1), Big Bend, Tampa Bay, Florida zone. VerDate Aug<31>2005 16:29 Nov 05, 2007 Jkt 214001 The five revised zones temporarily replacing these five suspended zones appear in § 165.T07–047(a) (1) through (5), but will expire January 2, 2008. The risk assessment also indicated that two of the zones suspended—§ 165.760(a)(6) [Piers, seawalls, and facilities, Port of Tampa, East Bay and the eastern side of Hooker’s Point], and (a)(8) [Piers, seawalls, and facilities, Port of Manatee]—were no longer needed. The security zones proposed in this notice have been discussed, vetted and recommended by representatives of the Department of Homeland Security’s Office of Infrastructure Protection, the Western Florida Area Maritime Security Committee, the Florida Region IV and VI Regional Domestic Security Task Forces, and numerous local agencies who share in the maritime security mission in the Tampa Bay region. These proposed revisions are needed to ensure the security of vessels, facilities, and the surrounding areas within the Captain of the Port Sector St. Petersburg Zone following the expiration of the currently-effective temporary final rule, 72 FR 45162, August 13, 2007. In 2005, Sector St. Petersburg was created, replacing the Captain of the Port Tampa Zone. Authority to create security zones in the Tampa Bay region now resides with the Sector St. Petersburg Captain of the Port. See 70 FR 41415, July 19, 2005, and 72 FR 36316, July 2, 2007. Discussion of Proposed Rule The security zones described in this notice have been discussed, vetted and recommended by representatives of the Department of Homeland Security’s Office of Infrastructure Protection, the Western Florida Area Maritime Security Committee, the Florida Region IV and VI Regional Domestic Security Task Forces, and numerous local agencies who share in the maritime security mission in the Tampa Bay region. The following areas are proposed to be established as permanent security zones in 33 CFR 165.760 by revising or adding the following paragraphs in that section. All coordinates were fixed using the North American Datum of 1983. • Revise § 165.760(a)(3), Sunshine Skyway Bridge, Tampa, 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 zone is specific to the bridge structure and dolphins and does not include waters adjacent to the bridge PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 columns or dolphins outside of the bridge’s main span. • Revise § 760(a)(5), Piers, Seawalls, and Facilities, Port of Tampa, Port Sutton and East Bay. 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. • Revise § 165.760(a)(7), Piers, Seawalls, and Facilities, Port of Tampa, on the western side of Hooker’s Point. 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°54.74′ N, 082°26.47′ W; northwest to 27°55.25′ N, 082°26.73′ W; then north-northwest 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. • Remove § 165.764(a)(1) and add § 165.764(a)(14), 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. • Remove § 165.764(a)(2), revised its heading but add its text unchanged to a new § 165.764(a)(15), Weedon Island Power Plant, FL. All waters of Tampa Bay, from surface to bottom, extending 50-yards from the shore, seawall and piers around the Power Facility at Weedon Island encompassed by a line connecting the following points: 27°51.52′ N, 082°35.82′ W; then north E:\FR\FM\06NOP1.SGM 06NOP1 mstockstill on PROD1PC66 with PROPOSALS Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Proposed Rules and east along the shore to 27°51.54′ N, 082°35.78′ W; then north to 27°51.68′ N, 082°35.78′ W; then north to 27°51.75′ N, 082°35.78′ W, closing off entrance to the canal; then north to 27°51.89′ N, 082°35.82′ W; then west along the shore to 27°51.89′ N, 082°36.10′ W; then west to 27°51.89′ N, 082°36.14′ W, closing off entrance to the canal. • Revise § 165.760(a)(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 on land portions of Chemical Formulators Chlorine Facility, where the fenced area is bounded by a line connecting the following points: 27°53.21′ N, 082°32.11′ W; west to 27°53.22′ N, 082°32.23′ W; then north to 27°53.25′ N, 082°32.23′ W; then west again to 27°53.25′ N, 082°32.27′ W; then north again to 27°53.29′ N, 082°32.25′ W; then east to 27°53.30′ N, 082°32.16′ W; then southeast terminating at 27°53.21′ N, 082°32.11′ W. Please note that the portion of the description of § 165.760(a)(1) after the word ‘‘including’’ differs from the currently effective temporary § 165.T07– 047(a)(1). We determined that the ‘‘fenced area’’ should be more clearly defined in the permanent regulation and propose replacing the following description ‘‘including the fenced area encompassing the Chemical Formulator Chlorine Facility’’ in TFR 72 FR 45162– 01 with a more accurate North American Datum Description. The new description is: ‘‘including on land portions of Chemical Formulators Chlorine Facility where the fenced area is bounded by a line connecting the following points: 27°53.21′ N, 082°32.11′ W; west to 27°53.22′ N, 082°32.23′ W; then north to 27°53.25′ N, 082°32.23′ W; then west again to 27°53.25′ N, 082°32.27′ W; then north again to 27°53.29′ N, 082°32.25′ W; then east to 27°53.30′ N, 082°32.16′ W; then southeast terminating at 27°53.21′ N, 082°32.11′ W.’’ Entry into or remaining on or within these proposed revised zones would be 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 designated representative on VHF channel 16 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. In the case of moving security zones, notification will be given by Broadcast VerDate Aug<31>2005 16:29 Nov 05, 2007 Jkt 214001 Notice to Mariners on VHF FM Marine Band Radio, Channel 22A. For vessels not equipped with a radio, there will also be on site notification via a designated representative of the Captain of the Port. A graphical representation of all fixed security zones will be made available via the World Wide Web: http://homeport.uscg.mil/mycg/portal/ ep/ portDirectory.do?tabId=1&cotpId=50, Coast Pilot and nautical charts. Because we proposed to move the only two security zones in § 165.764 to § 165.760, we propose to remove and reserve § 165.764. We also proposed to reverse the order of the regulations and definitions paragraphs in § 165.760 by having the definitions appear first. We proposed to add a definition designated representative to the revised paragraph (b). In revised paragraph (c) we have replaced references to the Captain of the Port Tampa with references to Captain of the Port Sector St. Petersburg and made references to using Broadcast Notice to Mariners to announce the activation of moving security zones by cruise ships entering certain waters— see § 165.760(a)(9). Regulatory Evaluation This proposed 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 proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. This proposed 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 proposed 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 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 62611 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 proposed rule will not have a significant economic 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. 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. 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 proposed rule would call 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 proposed rule under that Order and have determined that it does not have implications for federalism. E:\FR\FM\06NOP1.SGM 06NOP1 62612 Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Proposed Rules 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 proposed rule would not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would 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 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. Protection of Children 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. mstockstill on PROD1PC66 with PROPOSALS 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. Energy Effects We have analyzed this proposed 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 VerDate Aug<31>2005 16:29 Nov 05, 2007 Jkt 214001 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 proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is not likely to have a significant effect on the human environment. A preliminary ‘‘Environmental Analysis Check List’’ supporting this preliminary 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 record keeping requirements, Security measures, Waterways. Words of Issuance and Regulatory Text For the reasons discussed in the preamble, the Coast Guard proposes to amend 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. 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. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. In § 165.760, revise paragraphs (a)(1), (a)(3), (a)(5), (a)(7), (b) and (c), and add paragraphs (a)(14) and (a)(15) to read as follows: § 165.760 Security Zones; Tampa Bay, Port of Tampa, Port of Saint Petersburg, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and Crystal River; Florida. (a) * * * (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 on land portions of Chemical Formulators Chlorine Facility, where, the fenced area is bounded by a line connecting the following points: 27°53.21′ N, 082°32.11′ W; west to 27°53.22′ N, 082°32.23′ W; then north to 27°53.25′ N, 082°32.23′ W; then west again to 27°53.25′ N, 082°32.27′ W; then north again to 27°53.29′ N, 082°32.25′ W; then east to 27°53.30′ N, 082°32.16′ W; then southeast terminating at 27°53.21′ N, 082°32.11′ W. * * * * * (3) 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 zone 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. * * * * * (5) 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. * * * * * (7) 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 E:\FR\FM\06NOP1.SGM 06NOP1 mstockstill on PROD1PC66 with PROPOSALS Federal Register / Vol. 72, No. 214 / Tuesday, November 6, 2007 / Proposed Rules 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. * * * * * (14) 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. (15) Weedon Island Power Plant, FL. All waters of Tampa Bay, from surface to bottom, extending 50-yards from the shore, seawall and piers around the Power Facility at Weedon Island encompassed by a line connecting the following points: 27°51′52″ N, 082°35′82″ W; then north and east along the shore to 27°51′54″ N, 082°35′78″ W; then north to 27°51′68″ N, 082°35′78″ W; then north to 27°51′75″ N, 082°35′78″ W, closing off entrance to the canal; then north to 27°51′89″ N, 082°35′82″ W; then west along the shore to 27°51′89″ N, 082°36′10″ W; then west to 27°51′89″ N, 082°36′14″ W, closing off entrance to the canal. (b) Definitions. As used in this section— Cruise ship means a vessel required to comply with 33 CFR part 120. Designated representative means Coast Guard Patrol Commanders including Coast Guard coxswains, petty officers and other officers operating Coast Guard vessels, and federal, state, and local officers designated by or assisting the Captain of the Port (COTP), in the enforcement of regulated navigation areas, safety zones, and security zones. (c) Regulation. (1) Entry into or remaining on or within the zones described in paragraph (a) of this VerDate Aug<31>2005 16:29 Nov 05, 2007 Jkt 214001 section is prohibited unless authorized by the Captain of the Port St. Petersburg or his designated representative. (2) Persons desiring to transit the area of the security zone may contact the Captain of the Port St. Petersburg or his designated representative on VHF channel 16 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 designated representative. In the case of moving security zones, notification of activation of these zones will be given by Broadcast Notice to Mariners on VHF FM Marine Band Radio, Channel 22A. For vessels not equipped with a radio, there will also be on site notification via a designated representative of the Captain of the Port. Note to § 165.760 (c)(2): A graphical representation of all fixed security zones will be made available via the Coast Pilot and nautical charts. (3) Enforcement. Under § 165.33, no person may cause or authorize the operation of a vessel in the security zones contrary to the provisions of this section. * * * * * § 165.764 [Removed] 3. Remove and reserve § 165.764. Dated: October 29, 2007. J.A. Servidio, Captain, U.S. Coast Guard, Captain of the Port St. Petersburg. [FR Doc. E7–21760 Filed 11–5–07; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. COTP St. Petersburg 07–226] RIN 1625–AA87 Security Zone; Manbirtee Key, Port of Manatee, FL Coast Guard, DHS. Notice of proposed rulemaking and public meeting. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to establish a new security zone in the Manbirtee Key area of Port of Manatee, Florida. The purpose of this security zone is to ensure the security of vessels, facilities, and the surrounding area. Entry into the security zone would be prohibited without permission of the Captain of the Port. DATES: Comments and related material must reach the Coast Guard on or before PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 62613 December 6, 2007. A public meeting will be held starting at 10 a.m. on November 13, 2007. You may mail comments and related material to Coast Guard Sector St. Petersburg, Prevention Department, 155 Columbia Drive, Tampa, FL. 33606–3598. Coast Guard Sector St. Petersburg, Prevention Department maintains the public docket for this rule making. Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at Coast Guard 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. The location of the public meeting is Port Manatee, 300 Tampa Bay Way, Palmetto, FL 34221. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Lieutenant Jessica Crandell at the Waterways Management Division, Sector St. Petersburg, FL (813) 228–2191 Ext 8146. SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include the docket number for this rulemaking (COTP 07–226), indicate the specific section of this document to which each comment applies, and give the reason for each comment. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. For example, we may ask you to resubmit your comment if we are not able to read your original submission. Please submit all comments and related material in an unbound format, no larger than 81/2 by 11 inches, suitable for copying. If you would like to know they reached us, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. Public Meeting We will hold a public meeting to discuss any items of concern related to the proposed changes to the security zone outlined in this document. The date and time of this meeting is 10 a.m., November 13, 2007. The location of the E:\FR\FM\06NOP1.SGM 06NOP1

Agencies

[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Proposed Rules]
[Pages 62609-62613]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21760]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. COTP St. Petersburg 07-046]
RIN 1625-AA87


Security Zone; Tampa Bay, Port of Tampa, Port of St. Petersburg, 
Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and Crystal 
River, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to revise certain security zones 
within the Captain of the Port Sector St. Petersburg Zone (formerly the 
Captain of the Port Tampa Zone). The purpose of these revisions is to 
ensure the security of vessels, facilities, and the surrounding areas 
within these zones. Entry into the area encompassed by these revised 
security zones would be prohibited without permission of the Captain of 
the Port.

DATES: Comments and related material must reach the Coast Guard on or 
before December 6, 2007.

ADDRESSES: You may mail comments and related material to Coast Guard 
Sector St. Petersburg, Prevention Department, 155 Columbia Drive, 
Tampa, FL 33606-3598. Coast Guard Sector St. Petersburg, Prevention 
Department maintains the public docket for this rulemaking. Comments 
and material received from the public, as well as documents indicated 
in this preamble as being available in the docket, will become part of 
this docket and will be available for inspection or copying at Coast 
Guard 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: Lieutenant Jessica Crandell at the 
Waterways Management Division, Sector St. Petersburg, FL (813) 228-2191 
Ext 8146.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please identify the docket 
number for this rulemaking (COTP Sector St. Petersburg 07-046), 
indicate the specific section of this document to which each comment 
applies, and give the reason for each comment. We recommend that you 
include your name and a mailing address, an e-mail address, or a phone 
number in the body of your document so that we can contact you if we 
have questions regarding your submission. For example, we may ask you 
to resubmit your comment if we are not able to read your original 
submission. Please submit all comments and related material in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying. If you would like to know they reached us, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period. We may change 
this proposed rule in view of them.

[[Page 62610]]

Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for a meeting by writing to Waterways Management Division at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The Maritime Transportation Security Act authorized the 
establishment of Area Maritime Security Committees (AMSC) that 
``advise, consult with, report to, and make recommendations'' on 
matters relating to maritime security in an AMSC's port area. See 46 
U.S.C. 70112(a)(2) and 33 CFR 103.205. One topic the Tampa AMSC 
discussed is the existing security zones established soon after the 
terrorist attacks of September 11, 2001. See 68 FR 47852, August 12, 
2003, and 68 FR 52340, September 3, 2003.
    These existing security zones were established in 2003 and codified 
in 33 CFR 165.760 and 165.764 by the Captain of the Port Tampa. As 
noted in the notice of proposed rulemakings for these two final rules, 
there were a number of temporary security zone rules issued before 
these two final rules. See 68 FR 7093, February 12, 2003 and 68 FR 
19166, April 18, 2003.
    Some of the security zones in Sec. Sec.  165.760 and 165.764 were 
suspended from July 26, 2007 until January 1, 2008, and revised, 
temporary security zones were made effective during this same period. 
See 72 FR 45162, August 13, 2007. These temporary changes were made 
based on the newly-developed Maritime Security Risk Analysis tool 
utilized by the AMSC.
    A Tampa AMSC working group evaluated risk to the maritime 
transportation system (MTS) within Tampa Bay, and assessed various risk 
mitigation options. The results of the risk assessment indicated the 
need to revise the following established security zones for the purpose 
of enhancing port security for the region:
     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)(7), Piers, Seawalls, and Facilities, Port 
of Tampa, on the western side of Hooker's Point;
     Sec.  165.764(a)(1), Big Bend, Tampa Bay, Florida zone.

The five revised zones temporarily replacing these five suspended zones 
appear in Sec.  165.T07-047(a) (1) through (5), but will expire January 
2, 2008. The risk assessment also indicated that two of the zones 
suspended--Sec.  165.760(a)(6) [Piers, seawalls, and facilities, Port 
of Tampa, East Bay and the eastern side of Hooker's Point], and (a)(8) 
[Piers, seawalls, and facilities, Port of Manatee]--were no longer 
needed.
    The security zones proposed in this notice have been discussed, 
vetted and recommended by representatives of the Department of Homeland 
Security's Office of Infrastructure Protection, the Western Florida 
Area Maritime Security Committee, the Florida Region IV and VI Regional 
Domestic Security Task Forces, and numerous local agencies who share in 
the maritime security mission in the Tampa Bay region. These proposed 
revisions are needed to ensure the security of vessels, facilities, and 
the surrounding areas within the Captain of the Port Sector St. 
Petersburg Zone following the expiration of the currently-effective 
temporary final rule, 72 FR 45162, August 13, 2007.
    In 2005, Sector St. Petersburg was created, replacing the Captain 
of the Port Tampa Zone. Authority to create security zones in the Tampa 
Bay region now resides with the Sector St. Petersburg Captain of the 
Port. See 70 FR 41415, July 19, 2005, and 72 FR 36316, July 2, 2007.

Discussion of Proposed Rule

    The security zones described in this notice have been discussed, 
vetted and recommended by representatives of the Department of Homeland 
Security's Office of Infrastructure Protection, the Western Florida 
Area Maritime Security Committee, the Florida Region IV and VI Regional 
Domestic Security Task Forces, and numerous local agencies who share in 
the maritime security mission in the Tampa Bay region.
    The following areas are proposed to be established as permanent 
security zones in 33 CFR 165.760 by revising or adding the following 
paragraphs in that section. All coordinates were fixed using the North 
American Datum of 1983.
     Revise Sec.  165.760(a)(3), Sunshine Skyway Bridge, Tampa, 
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 zone 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.
     Revise Sec.  760(a)(5), Piers, Seawalls, and Facilities, 
Port of Tampa, Port Sutton and East Bay. 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.
     Revise Sec.  165.760(a)(7), Piers, Seawalls, and 
Facilities, Port of Tampa, on the western side of Hooker's Point. 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.
     Remove Sec.  165.764(a)(1) and add Sec.  165.764(a)(14), 
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.
     Remove Sec.  165.764(a)(2), revised its heading but add 
its text unchanged to a new Sec.  165.764(a)(15), Weedon Island Power 
Plant, FL. All waters of Tampa Bay, from surface to bottom, extending 
50-yards from the shore, seawall and piers around the Power Facility at 
Weedon Island encompassed by a line connecting the following points: 
27[deg]51.52' N, 082[deg]35.82' W; then north

[[Page 62611]]

and east along the shore to 27[deg]51.54' N, 082[deg]35.78' W; then 
north to 27[deg]51.68' N, 082[deg]35.78' W; then north to 27[deg]51.75' 
N, 082[deg]35.78' W, closing off entrance to the canal; then north to 
27[deg]51.89' N, 082[deg]35.82' W; then west along the shore to 
27[deg]51.89' N, 082[deg]36.10' W; then west to 27[deg]51.89' N, 
082[deg]36.14' W, closing off entrance to the canal.
     Revise Sec.  165.760(a)(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 on land portions of 
Chemical Formulators Chlorine Facility, where the fenced area is 
bounded by a line connecting the following points: 27[deg]53.21' N, 
082[deg]32.11' W; west to 27[deg]53.22' N, 082[deg]32.23' W; then north 
to 27[deg]53.25' N, 082[deg]32.23' W; then west again to 27[deg]53.25' 
N, 082[deg]32.27' W; then north again to 27[deg]53.29' N, 
082[deg]32.25' W; then east to 27[deg]53.30' N, 082[deg]32.16' W; then 
southeast terminating at 27[deg]53.21' N, 082[deg]32.11' W.
    Please note that the portion of the description of Sec.  
165.760(a)(1) after the word ``including'' differs from the currently 
effective temporary Sec.  165.T07-047(a)(1). We determined that the 
``fenced area'' should be more clearly defined in the permanent 
regulation and propose replacing the following description ``including 
the fenced area encompassing the Chemical Formulator Chlorine 
Facility'' in TFR 72 FR 45162-01 with a more accurate North American 
Datum Description. The new description is: ``including on land portions 
of Chemical Formulators Chlorine Facility where the fenced area is 
bounded by a line connecting the following points: 27[deg]53.21' N, 
082[deg]32.11' W; west to 27[deg]53.22' N, 082[deg]32.23' W; then north 
to 27[deg]53.25' N, 082[deg]32.23' W; then west again to 27[deg]53.25' 
N, 082[deg]32.27' W; then north again to 27[deg]53.29' N, 
082[deg]32.25' W; then east to 27[deg]53.30' N, 082[deg]32.16' W; then 
southeast terminating at 27[deg]53.21' N, 082[deg]32.11' W.''
    Entry into or remaining on or within these proposed revised zones 
would be 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 designated representative on VHF 
channel 16 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. In the case 
of moving security zones, notification will be given by Broadcast 
Notice to Mariners on VHF FM Marine Band Radio, Channel 22A. For 
vessels not equipped with a radio, there will also be on site 
notification via a designated representative of the Captain of the 
Port. A graphical representation of all fixed security zones will be 
made available via the World Wide Web: http://homeport.uscg.mil/mycg/
portal/ep/portDirectory.do?tabId=1& cotpId=50, Coast Pilot and nautical 
charts.
    Because we proposed to move the only two security zones in Sec.  
165.764 to Sec.  165.760, we propose to remove and reserve Sec.  
165.764.
    We also proposed to reverse the order of the regulations and 
definitions paragraphs in Sec.  165.760 by having the definitions 
appear first. We proposed to add a definition designated representative 
to the revised paragraph (b).
    In revised paragraph (c) we have replaced references to the Captain 
of the Port Tampa with references to Captain of the Port Sector St. 
Petersburg and made references to using Broadcast Notice to Mariners to 
announce the activation of moving security zones by cruise ships 
entering certain waters--see Sec.  165.760(a)(9).

Regulatory Evaluation

    This proposed 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 proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. This proposed 
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 proposed 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 proposed 
rule will not have a significant economic 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.
    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.

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 proposed rule would call 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 proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

[[Page 62612]]

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 proposed rule would not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 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.

Protection of Children

    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.

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.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is not likely to 
have a significant effect on the human environment. A preliminary 
``Environmental Analysis Check List'' supporting this preliminary 
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 record 
keeping requirements, Security measures, Waterways.

Words of Issuance and Regulatory Text

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 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.

    2. In Sec.  165.760, revise paragraphs (a)(1), (a)(3), (a)(5), 
(a)(7), (b) and (c), and add paragraphs (a)(14) and (a)(15) to read as 
follows:


Sec.  165.760  Security Zones; Tampa Bay, Port of Tampa, Port of Saint 
Petersburg, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and 
Crystal River; Florida.

    (a) * * *
    (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 on land portions of Chemical Formulators 
Chlorine Facility, where, the fenced area is bounded by a line 
connecting the following points: 27[deg]53.21' N, 082[deg]32.11' W; 
west to 27[deg]53.22' N, 082[deg]32.23' W; then north to 27[deg]53.25' 
N, 082[deg]32.23' W; then west again to 27[deg]53.25' N, 082[deg]32.27' 
W; then north again to 27[deg]53.29' N, 082[deg]32.25' W; then east to 
27[deg]53.30' N, 082[deg]32.16' W; then southeast terminating at 
27[deg]53.21' N, 082[deg]32.11' W.
* * * * *
    (3) 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 zone 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.
* * * * *
    (5) 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.
* * * * *
    (7) 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

[[Page 62613]]

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.
* * * * *
    (14) 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[min]08[sec] N, 082[deg]24[min]88[sec] W; then northwest to 
27[deg]48[min]15[sec] N, 082[deg]24[min]96[sec] W; then southwest to 
27[deg]48[min]10[sec] N, 082[deg]25[min]00[sec] W; then south-southwest 
to 27[deg]47[min]85[sec] N, 082[deg]25[min]03[sec] W; then southeast to 
27[deg]47[min]85[sec] N, 082[deg]24[min]79[sec] W; then east to 
27[deg]47[min]55[sec] N, 082[deg]24[min]04[sec] W; then north to 
27[deg]47[min]62[sec] N, 082[deg]84[min]04[sec] W; then west to 
27[deg]47[min]60[sec] N, 082[deg]24[min]72[sec] W; then north to 
27[deg]48[min]03[sec] N, 082[deg]24[min]70[sec] W; then northwest to 
27[deg]48[min]08[sec] N, 082[deg]24[min]88[sec] W, closing off entrance 
to Big Bend Power Facility and the attached cooling canal.
    (15) Weedon Island Power Plant, FL. All waters of Tampa Bay, from 
surface to bottom, extending 50-yards from the shore, seawall and piers 
around the Power Facility at Weedon Island encompassed by a line 
connecting the following points: 27[deg]51[min]52[sec] N, 
082[deg]35[min]82[sec] W; then north and east along the shore to 
27[deg]51[min]54[sec] N, 082[deg]35[min]78[sec] W; then north to 
27[deg]51[min]68[sec] N, 082[deg]35[min]78[sec] W; then north to 
27[deg]51[min]75[sec] N, 082[deg]35[min]78[sec] W, closing off entrance 
to the canal; then north to 27[deg]51[min]89[sec] N, 
082[deg]35[min]82[sec] W; then west along the shore to 
27[deg]51[min]89[sec] N, 082[deg]36[min]10[sec] W; then west to 
27[deg]51[min]89[sec] N, 082[deg]36[min]14[sec] W, closing off entrance 
to the canal.
    (b) Definitions. As used in this section--
    Cruise ship means a vessel required to comply with 33 CFR part 120.
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP), in the 
enforcement of regulated navigation areas, safety zones, and security 
zones.
    (c) Regulation. (1) Entry into or remaining on or within the zones 
described in paragraph (a) of this section is prohibited unless 
authorized by the Captain of the Port St. Petersburg or his designated 
representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port St. Petersburg or his designated 
representative on VHF channel 16 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 designated 
representative. In the case of moving security zones, notification of 
activation of these zones will be given by Broadcast Notice to Mariners 
on VHF FM Marine Band Radio, Channel 22A. For vessels not equipped with 
a radio, there will also be on site notification via a designated 
representative of the Captain of the Port.

    Note to Sec.  165.760 (c)(2): A graphical representation of all 
fixed security zones will be made available via the Coast Pilot and 
nautical charts.

    (3) Enforcement. Under Sec.  165.33, no person may cause or 
authorize the operation of a vessel in the security zones contrary to 
the provisions of this section.
* * * * *


Sec.  165.764  [Removed]

    3. Remove and reserve Sec.  165.764.

    Dated: October 29, 2007.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. E7-21760 Filed 11-5-07; 8:45 am]
BILLING CODE 4910-15-P