Security Zone; Tampa Bay, Port of Tampa, Port of St. Petersburg, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and Crystal River; FL, 1280-1282 [08-20]
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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2007–0062]
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.
Final rule.
AGENCY:
ACTION:
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SUMMARY: The Coast Guard is
establishing revisions to 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 is
prohibited without permission of the
Captain of the Port or a designated
representative.
DATES: This rule is effective February 7,
2008.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket [USCG–2007–0062] 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
On November 6, 2007, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Security Zone; Tampa
Bay, Port of Tampa, Port of St.
Petersburg, Rattlesnake, Old Port
Tampa, Big Bend, Weedon Island, and
Crystal River, FL’’ in the Federal
Register (72 FR 62609). We received no
letters in the mail commenting on the
proposed rule and no comments in the
www.regulations.gov electronic docket.
No public meeting was requested, and
none was held.
Background and Purpose
The Maritime Transportation Security
Act authorized the establishment of
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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 Bay 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 stated in the
notice of proposed rulemaking
published November 6, 2007, in this
rulemaking, 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, and 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 temporary final rule [USCG–
2007–0097] published elsewhere in
today’s Federal Register extended these
changes from January 2, 2008, until
February 7, 2008, when this final rule
becomes effective.
A Tampa Bay 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.
The five revised zones temporarily
replacing these five suspended zones
appear in § 165.T07–047(a)(1) through
(5), but will expire by January 2, 2008,
and also in temporary § 165.T07–
0097(a) (1) through (5), but will expire
February 7, 2008. The risk assessment
also indicated that two of the zones
suspended—§ 165.760(a)(6) [Piers,
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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 in this final rule
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
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 temporary
§ 165.T07–0097.
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 Comments and Changes
No comments were received. There
are no changes to the regulatory text
from the notice of proposed rulemaking
that was published in the Federal
Register November 6, 2007.
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
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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations
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.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small business may send comments on
the actions of Federal employees who
enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulator Enforcement Ombudsman and
the Regional Small Business Regulatory
Fairness Boards. The Ombudsman
evaluates these actions annually and
rates each agency’s responsiveness to
the small business. If you wish to
comment on actions by employees of
the Coast Guard, call 1–888–REG–FAIR
(1–888–734–3247). The Coast Guard
will not retaliate against small entities
that question or complain about this
rule or any policy or action of the Coast
Guard.
rmajette on PROD1PC64 with RULES
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
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-bycase 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.
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.
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,
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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
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
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
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1281
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 M16475.1D
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 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, we believe that
this rule should be categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation. A
preliminary ‘‘Environmental Analysis
Check List’’ is available in the docket
where indicated under ADDRESSES. No
comments were made regarding the
environmental impact of revising the
security zones in Tampa Bay, FL.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
Words of Issuance and Regulatory Text
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR Part 165 as follows:
I
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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 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.
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:
I
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§ 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
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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°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
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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 Sector St.
Petersburg or a designated
representative.
(2) Persons desiring to transit the area
of the security zone may contact the
Captain of the Port Sector St. Petersburg
or a 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
I
[Removed and reserved]
3. Remove and reserve § 165.764.
Dated: December 29, 2007.
A.S. Young,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector St. Petersburg.
[FR Doc. 08–20 Filed 1–3–08; 3:48 pm]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2007–0215; FRL–8513–8]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Section 110(a)(1) 8-Hour
Ozone Maintenance Plan and
Amendments to the 1-Hour Ozone
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving State
Implementation Plan (SIP) revisions
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]]>Agencies
[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Rules and Regulations]
[Pages 1280-1282]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-20]
[[Page 1280]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2007-0062]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing revisions to 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 is prohibited without permission of the
Captain of the Port or a designated representative.
DATES: This rule is effective February 7, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [USCG-2007-0062] 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
On November 6, 2007, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zone; Tampa Bay, Port of Tampa, Port of St.
Petersburg, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and
Crystal River, FL'' in the Federal Register (72 FR 62609). We received
no letters in the mail commenting on the proposed rule and no comments
in the www.regulations.gov electronic docket. No public meeting was
requested, and none was held.
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 Bay 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
stated in the notice of proposed rulemaking published November 6, 2007,
in this rulemaking, 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, and
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 temporary final rule [USCG-2007-0097] published
elsewhere in today's Federal Register extended these changes from
January 2, 2008, until February 7, 2008, when this final rule becomes
effective.
A Tampa Bay 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 by
January 2, 2008, and also in temporary Sec. 165.T07-0097(a) (1)
through (5), but will expire February 7, 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 in this final rule 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 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 temporary Sec. 165.T07-0097.
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 Comments and Changes
No comments were received. There are no changes to the regulatory
text from the notice of proposed rulemaking that was published in the
Federal Register November 6, 2007.
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
[[Page 1281]]
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 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 offered to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. Small
business may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulator Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to the small business. If you wish to comment on actions by employees
of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
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 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 M16475.1D
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 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. A preliminary
``Environmental Analysis Check List'' is available in the docket where
indicated under ADDRESSES. No comments were made regarding the
environmental impact of revising the security zones in Tampa Bay, FL.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Words of Issuance and Regulatory Text
0
For the reasons discussed in the preamble, the Coast Guard is amending
33 CFR Part 165 as follows:
[[Page 1282]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 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. 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[min] N, 082[deg]32.05[min] W; north to 27[deg]53.36[min]
N, 082[deg]32.05[min] 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[min] N,
082[deg]32.11[min] W; west to 27[deg]53.22[min] N, 082[deg]32.23[min]
W; then north to 27[deg]53.25[min] N, 082[deg]32.23[min] W; then west
again to 27[deg]53.25[min] N, 082[deg]32.27[min] W; then north again to
27[deg]53.29[min] N, 082[deg]32.25[min] W; then east to
27[deg]53.30[min] N, 082[deg]32.16[min] W; then southeast terminating
at 27[deg]53.21[min] N, 082[deg]32.11[min] 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[min] N, 082[deg]39.38[min] W to 27[deg]37.13[min] N,
082[deg]39.26[min] 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[min] N, 082[deg]26.11[min] W; east northeast to
27[deg]54.19[min] N, 082[deg]26.00[min] W; then northeast to
27[deg]54.37[min] N, 082[deg]25.72[min] W, closing off all Port Sutton
channel; then northerly to 27[deg]54.48[min] N, 082[deg]25.70[min] 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 Tampa
encompassed by a line connecting the following points:
27[deg]54.74[min] N, 082[deg]26.47[min] W; northwest to
27[deg]55.25[min] N, 082[deg]26.73[min] W; then north-northwest to
27[deg]55.60[min] N, 082[deg]26.80[min] W; then north-northeast to
27[deg]56.00[min] N, 082[deg]26.75[min] W; then northeast to
27[deg]56.58[min] N, 082[deg]26.53[min] W; and north to
27[deg]57.29[min] N, 082[deg]26.51[min] W; west to 27[deg]57.29[min] N,
082[deg]26.61[min] W; then southerly to 27[deg]56.65[min] N,
082[deg]26.63[min] W; southwesterly to 27[deg]56.58[min] N,
082[deg]26.69[min] W; then southwesterly and terminating at
27[deg]56.53[min] N, 082[deg]26.90[min] 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]48.08[min] N, 082[deg]24.88[min] W; then northwest to
27[deg]48.15[min] N, 082[deg]24.96[min] W; then southwest to
27[deg]48.10[min] N, 082[deg]25.00[min] W; then south-southwest to
27[deg]47.85[min] N, 082[deg]25.03[min] W; then southeast to
27[deg]47.85[min] N, 082[deg]24.79[min] W; then east to
27[deg]47.55[min] N, 082[deg]24.04[min] W; then north to
27[deg]47.62[min] N, 082[deg]84.04[min] W; then west to
27[deg]47.60[min] N, 082[deg]24.72[min] W; then north to
27[deg]48.03[min] N, 082[deg]24.70[min] W; then northwest to
27[deg]48.08[min] N, 082[deg]24.88[min] 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]51.52[min] N,
082[deg]35.82[min] W; then north and east along the shore to
27[deg]51.54[min] N, 082[deg]35.78[min] W; then north to
27[deg]51.68[min] N, 082[deg]35.78[min] W; then north to
27[deg]51.75[min] N, 082[deg]35.78[min] W, closing off entrance to the
canal; then north to 27[deg]51.89[min] N, 082[deg]35.82[min] W; then
west along the shore to 27[deg]51.89[min] N, 082[deg]36.10[min] W; then
west to 27[deg]51.89[min] N, 082[deg]36.14[min] 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 Sector St. Petersburg or a
designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port Sector St. Petersburg or a 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 and reserved]
0
3. Remove and reserve Sec. 165.764.
Dated: December 29, 2007.
A.S. Young,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector St.
Petersburg.
[FR Doc. 08-20 Filed 1-3-08; 3:48 pm]
BILLING CODE 4910-15-P
