Security Zone; Tampa Bay, Port of Tampa, Rattlesnake, Big Bend, FL, 1276-1279 [08-21]
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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations
Taking of Private Property
This rule will not affect 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
will not concern 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 will 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.
rmajette on PROD1PC64 with RULES
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
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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
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of the categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation as the
rule establishes a safety zone.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226 and 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. Add temporary § 165.T01–0191 to
read as follows:
(b) Definitions. As used in this
section—
Authorized representative means a
Coast Guard commissioned, warrant, or
petty officer or a Federal, State, or local
law enforcement officer designated by
or assisting the Captain of the Port,
Boston (COTP).
Deepwater port means any facility or
structure meeting the definition of
deepwater port in 33 CFR 148.5.
Navigable Waters of the United States
means all waters of the territorial sea as
described in Presidential Proclamation
No. 5928 of December 27, 1988, which
declared that the territorial sea of the
United States extends to 12 nautical
miles from the baseline of the United
States.
Support vessel means any vessel
meeting the definition of support vessel
in 33 CFR 148.5.
(c) Regulations. (1) The general
regulations contained in 33 CFR
§ 165.23 apply.
(2) In accordance with the general
regulations in § 165.23 of this part, entry
into or movement within these zones is
prohibited unless authorized by the
Captain of the Port, Boston. Liquefied
Natural Gas Carrier vessels and related
Support Vessels calling on the Northeast
Gateway Deepwater Port are authorized
to enter and move within the safety
zones of this section in the normal
course of their operations.
(3) All persons and vessels shall
comply with the Coast Guard Captain of
the Port or authorized representative.
(4) Upon being hailed by an
authorized representative by siren,
radio, flashing light or other means, the
operator of the vessel shall proceed as
directed.
(5) Persons and vessels may contact
the Coast Guard to request permission to
enter the zone on VHF–FM Channel 16
or via phone at 617–223–5761.
Dated: December 26, 2007.
Frederick G. Myer,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Boston, Massachusetts.
[FR Doc. 08–35 Filed 1–4–08; 12:03 pm]
BILLING CODE 4910–15–U
I
§ 165.T01–0191 Safety Zones: Northeast
Gateway, Deepwater Port, Atlantic Ocean,
Boston, MA.
(a) Location. The following areas are
safety zones: All navigable waters of the
United States within a 500-meter radius
of the two submerged turret loading
buoys of the Northeast Gateway
Deepwater Port located at 42°23′39″ N,
70°35′28″ W and 42°23′55″ N,
070°36′48″ W. All coordinates are North
American Datum 1983.
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2007–0097]
RIN 1625–AA87
Security Zone; Tampa Bay, Port of
Tampa, Rattlesnake, Big Bend, FL
AGENCY:
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Coast Guard, DHS.
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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations
ACTION:
Temporary final rule.
SUMMARY: The Coast Guard is
temporarily revising the security zones
in the Port of Tampa, East Bay,
Rattlesnake, Sunshine Skyway Bridge
and Big Bend for the purpose of
providing counter-surveillance,
intrusion detection and response
measures. Entry into these zones will be
prohibited unless authorized by the
Captain of the Port St. Petersburg or a
designated representative.
DATES: This rule is effective from
January 2, 2008, until February 7, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket [USCG–2007–
0097] 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. They are also available in our
online docket via www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Lt.
Ronaydee Marquez, Waterways
Management Division, Sector St.
Petersburg, FL (813) 228–2191 Ext 8307.
SUPPLEMENTARY INFORMATION:
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Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
an NPRM and delaying its effective date
would be contrary to the public interest
since immediate action is necessary to
continue security zones where the
[COTP Sector St. Petersburg, FL. 07–
047] temporary final rule established
them to ensure the security of vessels,
facilities, and the surrounding areas
within the Captain of the Port Sector St.
Petersburg Zone. The Coast Guard is
making these changes permanent
through the implementation of a final
rule published elsewhere in today’s
Federal Register. The Coast Guard
published a notice of proposed
rulemaking in the Federal Register on
November 6, 2007 (72 FR 62609), in that
separate rulemaking for the final rule.
Temporary Final Rule [COTP Sector St.
Petersburg, FL. 07–047] will expire just
before the final rule comes into effect on
February 7, 2008. The purpose of this
temporary final rule is to maintain the
security zones between the time the
[COTP Sector St. Petersburg, FL. 07–
047] expires and the implementation of
the final rule [USCG–2007–0062].
For the same reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
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effective less than 30 days after
publication in the Federal Register.
Background and Purpose
This temporary final rule adopts the
currently established revisions to the
Tampa Bay security zones as published
under [COTP Sector St. Petersburg, FL.
07–047] and as proposed the NPRM
published on November 6, 2007. The
temporary final rule [COTP Sector St.
Petersburg, FL. 07–047] lasts only
through January 1, 2008, at which time
the final rule [USCG–2007–0062]
published elsewhere in today’s Federal
Register will not yet be effective. As
referenced in the temporary final rule
[COTP Sector St. Petersburg, FL. 07–
047], the Maritime Transportation
Security Act mandated Area Maritime
Security Committee convened a working
group to validate the existing security
zones within Tampa Bay that were
established following the terrorist
attacks of September 11, 2001. These
existing security zones included some
established September 3, 2003, codified
in 33 CFR 165.760, and some
established September 1, 2003, codified
in § 165.764 (68 FR 47852, August 12,
2003).
Using the newly developed Maritime
Security Risk Analysis Model tool, the
working group evaluated risk to the
maritime transportation system (MTS)
within Tampa Bay. The results of the
risk assessment indicated the need to
revise the following established security
zones for the purpose of implementing
counter-surveillance; and, intrusion
detection and response measures:
• § 165.760(a)(1), Rattlesnake, Tampa,
FL;
• § 165.760(a)(3), Sunshine Skyway
Bridge, Tampa, FL;
• § 165.760(a)(5), Piers, Seawalls, and
Facilities, Port of Tampa, Port Sutton
and East Bay;
• § 165.760(a)(6), Piers, Seawalls, and
Facilities, Port of Tampa, East Bay and
the eastern side of Hooker’s Point;
• § 165.760(a)(7), Piers, Seawalls, and
Facilities, Port of Tampa, on the western
side of Hooker’s Point; and
• § 165.760(a)(8), Piers, Seawalls, and
Facilities, Port of Manatee.
• § 165.764(a)(1), Big Bend, Tampa
Bay, Florida zone. The Security Zones
revised includes 3 zones within the Port
of Tampa (Port Sutton and East Bay;
East Bay and the eastern side of
Hooker’s Point; and the western side of
Hooker’s Point), Sunshine Skyway
Bridge, Rattlesnake and Big Bend and
Port of Manatee. At the Port of Tampa,
a minor adjustment to the Security Zone
boundary was implemented for
alignment with protected assets. The
East Bay segment of the Security Zone
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1277
was discontinued. The Security Zone
beneath the Sunshine Skyway Bridge
was reduced to the size of the navigable
channel. The Rattlesnake area Security
Zone was expanded shoreward to
protect critical facilities. The Big Bend
Security Zone was slightly modified to
align with the natural barriers around
the facility.
Discussion of Rule
This temporary rule extends the
regulation established by temporary
final rule [COTP Sector St. Petersburg,
FL. 07–047]. The following security
zones will temporarily suspend
paragraphs in §§ 165.760 and 165.764
that are being replaced by these new
security zones or that are no longer
needed. The coordinates are based on
North American Datum (NAD) 1983.
• Rattlesnake, Tampa, FL. All water
from surface to bottom, in Old Tampa
Bay east and south of a line
commencing at position 27°53.32′ N,
082°32.05′ W; north to 27°53.36′ N,
082°32.05′ W, including the fenced area
encompassing the Chemical
Formulators Chlorine Facility.
• Sunshine Skyway Bridge, FL. All
waters in Tampa Bay, from surface to
bottom, in Cut ‘‘A’’ channel beneath the
bridge’s main span encompassed by a
line connecting the following points:
27°37.30′ N, 082°39.38′ W to 27°37.13′
N, 082°39.26′ W; and, the bridge
structure columns, base and dolphins.
This is specific to the bridge structure
and dolphins and does not include
waters adjacent to the bridge columns or
dolphins outside of the bridge’s main
span.
• Piers, seawalls, and facilities, Port
of Tampa and Port Sutton, Tampa, FL.
All waters, from surface to bottom,
extending 50 yards from the shore,
seawall and piers around facilities in
Port Sutton within the Port of Tampa
encompassed by a line connecting the
following points: 27°54.15′ N,
082°26.11′ W, east northeast to 27°54.19′
N, 082°26.00′ W, then northeast to
27°54.37′ N, 082°25.72′ W, closing off
all Port Sutton channel, then northerly
to 27°54.48′ N, 082°25.70′ W.
• Piers, seawalls, and facilities, Port
of Tampa, on the western side of
Hooker’s Point, Tampa, FL. All waters,
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,
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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations
then north-northeast to 27°56.00′ N,
082°26.75′ W, then northeast to
27°56.58′ N, 082°26.53′ W, and north to
27°57.29′ N, 082°26.51′ W, west to
27°57.29′ N, 082°26.61′ W, then
southerly to 27°56.65′ N, 082°26.63′ W,
southwesterly to 27°56.58′ N, 082°26.69′
W, then southwesterly and terminating
at 27°56.53′ N, 082°26.90′ W.
• Big Bend Power Plant, FL. All
waters of Tampa Bay, from surface to
bottom, adjacent to the Big Bend Power
Facility, and within an area bounded by
a line connecting the following points:
27°48.08 N, 082°24.88 W then northwest
to 27°48.15 N, 082°24.96 W then
southwest to 27°48.10 N, 082°25.00 W
then south-southwest to 27°47.85N,
082°25.03 W then southeast to 27°47.85
N, 082°24.79 W then east to 27°47.55 N,
082°24.04 W then north to 27°47.62 N,
082°84.04 W then west to 27°47.60 N,
082°24.72 W then north to 27°48.03 N,
082°24.70 W then northwest to 27°48.08
N, 082°24.88 W, closing off entrance to
Big Bend Power Facility and the
attached cooling canal.
Entry into or remaining on or within
these zones is prohibited unless
authorized by the Captain of the Port
Sector St. Petersburg or a designated
representative. 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, or by
phone at (727) 824–7506, to seek
permission to transit the area. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port or
his designated representative.
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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 St. Petersburg may, on a case-bycase basis allow persons or vessels to
enter a security zone.
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Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule may impact the following
entities, some of which may be small
entities: the owners or operators of
vessels who wish to transit in the areas
where the security zones are enforced.
This rule will not have a significant
impact on a substantial number of small
entities because the majority of the
zones are limited in size, leaving ample
room for vessels to navigate around the
zones. The zones will not significantly
impact commuter and passenger vessel
traffic patterns, and mariners will be
notified of the zones via local notice to
mariners and marine broadcasts. Also,
the Captain of the Port may, on a caseby-case basis allow persons or vessels to
enter a security zone.
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 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.
Protection of Children
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
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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
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.
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
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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g.), of the
Instruction, from further environmental
documentation. An ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are available
in the docket where indicated under
ADDRESSES.
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List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
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1.05–1, 6.04–1, 6.04–6 and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. Add new temporary § 165.T07–
0097 to read as follows:
§ 165.T07–0097 Security Zone; Tampa Bay,
Port of Tampa, Rattlesnake and Big Bend;
Florida.
(a) Regulated Areas. The following
areas, denoted by coordinates fixed
using the North American Datum of
1983, are security zones:
(1) Rattlesnake, Tampa, FL. All water
from surface to bottom, in Old Tampa
Bay east and south of a line
commencing at position 27°53.32′ N,
082°32.05′ W; north to 27°53.36′ N,
082°32.05′ W, including the fenced area
encompassing the Chemical
Formulators Chlorine Facility.
(2) Sunshine Skyway Bridge, FL. All
waters in Tampa Bay, from surface to
bottom, in Cut ‘‘A’’ channel beneath the
bridge’s main span encompassed by a
line connecting the following points:
27°37.30′ N, 082°39.38′ W to 27°37.13′
N, 082°39.26′ W; and, the bridge
structure columns, base and dolphins.
This is specific to the bridge structure
and dolphins and does not include
waters adjacent to the bridge columns or
dolphins outside of the bridge’s main
span.
(3) Piers, seawalls, and facilities, Port
of Tampa and Port Sutton, Tampa, FL.
All waters, from surface to bottom,
extending 50 yards from the shore,
seawall and piers around facilities in
Port Sutton within the Port of Tampa
encompassed by a line connecting the
following points: 27°54.15′ N,
082°26.11′ W, east northeast to 27°54.19′
N, 082°26.00′ W, then northeast to
27°54.37′ N, 082°25.72′ W, closing off
all Port Sutton Channel, then northerly
to 27°54.48′ N, 082°25.70′ W.
(4) Piers, seawalls, and facilities, Port
of Tampa, on the western side of
Hooker’s Point, Tampa, FL. All waters,
from surface to bottom, extending 50
yards from the shore, seawall and piers
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′
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W, then southwesterly and terminating
at 27°56.53′ N, 082°26.90′ W.
(5) Big Bend Power Plant, FL. All
waters of Tampa Bay, from surface to
bottom, adjacent to the Big Bend Power
Facility, and within an area bounded by
a line connecting the following points:
27°48.08 N, 082°24.88 W then northwest
to 27°48.15 N, 082°24.96 W then
southwest to 27°48.10 N, 082°25.00 W
then south-southwest to 27°47.85 N,
082°25.03 W then southeast to 27°47.85
N, 082°24.79 W 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.
(b) Regulation. (1) Entry into or
remaining on or within these zones is
prohibited unless authorized by the
Captain of the Port Sector St. Petersburg
or his designee.
(2) Persons desiring to transit the area
of the security zone may contact the
Captain of the Port Sector St. Petersburg
or his designee on VHF channel 16, or
by phone at (727) 824–7506, to seek
permission to transit the area. If
permission is granted, all persons and
vessels must comply with the
instructions of the Captain of the Port or
his designated representative.
(c) Effective period. This section is
effective from January 2, 2008, until
February 7, 2008.
§ 165.760
[Amended]
3. In § 165.760, from January 2, 2008,
until February 7, 2008, suspend
paragraphs (a)(1), (a)(3), (a)(5), (a)(6),
(a)(7) and (a)(8).
I
§ 165.764
[Amended]
4. In § 165.764, from January 2, 2008,
until February 7, 2008, suspend
paragraph (a)(1).
I
Dated: December 29, 2007.
A.S. Young,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector St. Petersburg.
[FR Doc. 08–21 Filed 1–3–08; 3:47 pm]
BILLING CODE 4910–15–P
E:\FR\FM\08JAR1.SGM
08JAR1
]]>Agencies
[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Rules and Regulations]
[Pages 1276-1279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-21]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2007-0097]
RIN 1625-AA87
Security Zone; Tampa Bay, Port of Tampa, Rattlesnake, Big Bend,
FL
AGENCY: Coast Guard, DHS.
[[Page 1277]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily revising the security zones in
the Port of Tampa, East Bay, Rattlesnake, Sunshine Skyway Bridge and
Big Bend for the purpose of providing counter-surveillance, intrusion
detection and response measures. Entry into these zones will be
prohibited unless authorized by the Captain of the Port St. Petersburg
or a designated representative.
DATES: This rule is effective from January 2, 2008, until February 7,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [USCG-2007-0097] 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. They are
also available in our online docket via www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Lt. Ronaydee Marquez, Waterways
Management Division, Sector St. Petersburg, FL (813) 228-2191 Ext 8307.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM and
delaying its effective date would be contrary to the public interest
since immediate action is necessary to continue security zones where
the [COTP Sector St. Petersburg, FL. 07-047] temporary final rule
established them to ensure the security of vessels, facilities, and the
surrounding areas within the Captain of the Port Sector St. Petersburg
Zone. The Coast Guard is making these changes permanent through the
implementation of a final rule published elsewhere in today's Federal
Register. The Coast Guard published a notice of proposed rulemaking in
the Federal Register on November 6, 2007 (72 FR 62609), in that
separate rulemaking for the final rule. Temporary Final Rule [COTP
Sector St. Petersburg, FL. 07-047] will expire just before the final
rule comes into effect on February 7, 2008. The purpose of this
temporary final rule is to maintain the security zones between the time
the [COTP Sector St. Petersburg, FL. 07-047] expires and the
implementation of the final rule [USCG-2007-0062].
For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register.
Background and Purpose
This temporary final rule adopts the currently established
revisions to the Tampa Bay security zones as published under [COTP
Sector St. Petersburg, FL. 07-047] and as proposed the NPRM published
on November 6, 2007. The temporary final rule [COTP Sector St.
Petersburg, FL. 07-047] lasts only through January 1, 2008, at which
time the final rule [USCG-2007-0062] published elsewhere in today's
Federal Register will not yet be effective. As referenced in the
temporary final rule [COTP Sector St. Petersburg, FL. 07-047], the
Maritime Transportation Security Act mandated Area Maritime Security
Committee convened a working group to validate the existing security
zones within Tampa Bay that were established following the terrorist
attacks of September 11, 2001. These existing security zones included
some established September 3, 2003, codified in 33 CFR 165.760, and
some established September 1, 2003, codified in Sec. 165.764 (68 FR
47852, August 12, 2003).
Using the newly developed Maritime Security Risk Analysis Model
tool, the working group evaluated risk to the maritime transportation
system (MTS) within Tampa Bay. The results of the risk assessment
indicated the need to revise the following established security zones
for the purpose of implementing counter-surveillance; and, intrusion
detection and response measures:
Sec. 165.760(a)(1), Rattlesnake, Tampa, FL;
Sec. 165.760(a)(3), Sunshine Skyway Bridge, Tampa, FL;
Sec. 165.760(a)(5), Piers, Seawalls, and Facilities, Port
of Tampa, Port Sutton and East Bay;
Sec. 165.760(a)(6), Piers, Seawalls, and Facilities, Port
of Tampa, East Bay and the eastern side of Hooker's Point;
Sec. 165.760(a)(7), Piers, Seawalls, and Facilities, Port
of Tampa, on the western side of Hooker's Point; and
Sec. 165.760(a)(8), Piers, Seawalls, and Facilities, Port
of Manatee.
Sec. 165.764(a)(1), Big Bend, Tampa Bay, Florida zone.
The Security Zones revised includes 3 zones within the Port of Tampa
(Port Sutton and East Bay; East Bay and the eastern side of Hooker's
Point; and the western side of Hooker's Point), Sunshine Skyway Bridge,
Rattlesnake and Big Bend and Port of Manatee. At the Port of Tampa, a
minor adjustment to the Security Zone boundary was implemented for
alignment with protected assets. The East Bay segment of the Security
Zone was discontinued. The Security Zone beneath the Sunshine Skyway
Bridge was reduced to the size of the navigable channel. The
Rattlesnake area Security Zone was expanded shoreward to protect
critical facilities. The Big Bend Security Zone was slightly modified
to align with the natural barriers around the facility.
Discussion of Rule
This temporary rule extends the regulation established by temporary
final rule [COTP Sector St. Petersburg, FL. 07-047]. The following
security zones will temporarily suspend paragraphs in Sec. Sec.
165.760 and 165.764 that are being replaced by these new security zones
or that are no longer needed. The coordinates are based on North
American Datum (NAD) 1983.
Rattlesnake, Tampa, FL. All water from surface to bottom,
in Old Tampa Bay east and south of a line commencing at position
27[deg]53.32' N, 082[deg]32.05' W; north to 27[deg]53.36' N,
082[deg]32.05' W, including the fenced area encompassing the Chemical
Formulators Chlorine Facility.
Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from
surface to bottom, in Cut ``A'' channel beneath the bridge's main span
encompassed by a line connecting the following points: 27[deg]37.30' N,
082[deg]39.38' W to 27[deg]37.13' N, 082[deg]39.26' W; and, the bridge
structure columns, base and dolphins. This is specific to the bridge
structure and dolphins and does not include waters adjacent to the
bridge columns or dolphins outside of the bridge's main span.
Piers, seawalls, and facilities, Port of Tampa and Port
Sutton, Tampa, FL. All waters, from surface to bottom, extending 50
yards from the shore, seawall and piers around facilities in Port
Sutton within the Port of Tampa encompassed by a line connecting the
following points: 27[deg]54.15' N, 082[deg]26.11' W, east northeast to
27[deg]54.19' N, 082[deg]26.00' W, then northeast to 27[deg]54.37' N,
082[deg]25.72' W, closing off all Port Sutton channel, then northerly
to 27[deg]54.48' N, 082[deg]25.70' W.
Piers, seawalls, and facilities, Port of Tampa, on the
western side of Hooker's Point, Tampa, FL. All waters, 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,
[[Page 1278]]
then north-northeast to 27[deg]56.00' N, 082[deg]26.75' W, then
northeast to 27[deg]56.58' N, 082[deg]26.53' W, and north to
27[deg]57.29' N, 082[deg]26.51' W, west to 27[deg]57.29' N,
082[deg]26.61' W, then southerly to 27[deg]56.65' N, 082[deg]26.63' W,
southwesterly to 27[deg]56.58' N, 082[deg]26.69' W, then southwesterly
and terminating at 27[deg]56.53' N, 082[deg]26.90' W.
Big Bend Power Plant, FL. All waters of Tampa Bay, from
surface to bottom, adjacent to the Big Bend Power Facility, and within
an area bounded by a line connecting the following points: 27[deg]48.08
N, 082[deg]24.88 W then northwest to 27[deg]48.15 N, 082[deg]24.96 W
then southwest to 27[deg]48.10 N, 082[deg]25.00 W then south-southwest
to 27[deg]47.85N, 082[deg]25.03 W then southeast to 27[deg]47.85 N,
082[deg]24.79 W then east to 27[deg]47.55 N, 082[deg]24.04 W then north
to 27[deg]47.62 N, 082[deg]84.04 W then west to 27[deg]47.60 N,
082[deg]24.72 W then north to 27[deg]48.03 N, 082[deg]24.70 W then
northwest to 27[deg]48.08 N, 082[deg]24.88 W, closing off entrance to
Big Bend Power Facility and the attached cooling canal.
Entry into or remaining on or within these zones is prohibited
unless authorized by the Captain of the Port Sector St. Petersburg or a
designated representative. 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, or by phone at (727)
824-7506, to seek permission to transit the area. If permission is
granted, all persons and vessels must comply with the instructions of
the Captain of the Port or his designated representative.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This rule may have some
impact on the public, but these potential impacts will be minimized for
the following reasons: there is ample room for vessels to navigate
around security zones, and there are several locations for recreational
and commercial fishing vessels to fish throughout the Tampa Bay Region.
Also, the Captain of the Port St. Petersburg may, on a case-by-case
basis allow persons or vessels to enter a security zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may impact the following entities, some of which
may be small entities: the owners or operators of vessels who wish to
transit in the areas where the security zones are enforced. This rule
will not have a significant impact on a substantial number of small
entities because the majority of the zones are limited in size, leaving
ample room for vessels to navigate around the zones. The zones will not
significantly impact commuter and passenger vessel traffic patterns,
and mariners will be notified of the zones via local notice to mariners
and marine broadcasts. Also, the Captain of the Port may, on a case-by-
case basis allow persons or vessels to enter a security zone.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the office listed under FOR
FURTHER INFORMATION CONTACT, for assistance in understanding this rule.
The Coast Guard will not retaliate against small entities that question
or complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and 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
[[Page 1279]]
likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g.), of the Instruction, from further
environmental documentation. An ``Environmental Analysis Check List''
and a ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for 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. Add new temporary Sec. 165.T07-0097 to read as follows:
Sec. 165.T07-0097 Security Zone; Tampa Bay, Port of Tampa,
Rattlesnake and Big Bend; Florida.
(a) Regulated Areas. The following areas, denoted by coordinates
fixed using the North American Datum of 1983, are security zones:
(1) Rattlesnake, Tampa, FL. All water from surface to bottom, in
Old Tampa Bay east and south of a line commencing at position
27[deg]53.32[min] N, 082[deg]32.05[min] W; north to 27[deg]53.36[min]
N, 082[deg]32.05[min] W, including the fenced area encompassing the
Chemical Formulators Chlorine Facility.
(2) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from
surface to bottom, in Cut ``A'' channel beneath the bridge's main span
encompassed by a line connecting the following points:
27[deg]37.30[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 is specific to the bridge structure and dolphins and
does not include waters adjacent to the bridge columns or dolphins
outside of the bridge's main span.
(3) Piers, seawalls, and facilities, Port of Tampa and Port Sutton,
Tampa, FL. All waters, from surface to bottom, extending 50 yards from
the shore, seawall and piers around facilities in Port Sutton within
the Port of Tampa encompassed by a line connecting the following
points: 27[deg]54.15[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.
(4) Piers, seawalls, and facilities, Port of Tampa, on the western
side of Hooker's Point, Tampa, FL. All waters, from surface to bottom,
extending 50 yards from the shore, seawall and piers around facilities
on Hillsborough Bay northern portion of Cut ``D'' channel, Sparkman
channel, Ybor Turning Basin, and Ybor channel within the Port of Tampa
encompassed by a line connecting the following points:
27[deg]54.74[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.
(5) Big Bend Power Plant, FL. All waters of Tampa Bay, from surface
to bottom, adjacent to the Big Bend Power Facility, and within an area
bounded by a line connecting the following points: 27[deg]48.08 N,
082[deg]24.88 W then northwest to 27[deg]48.15 N, 082[deg]24.96 W then
southwest to 27[deg]48.10 N, 082[deg]25.00 W then south-southwest to
27[deg]47.85 N, 082[deg]25.03 W then southeast to 27[deg]47.85 N,
082[deg]24.79 W 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.
(b) Regulation. (1) Entry into or remaining on or within these
zones is prohibited unless authorized by the Captain of the Port Sector
St. Petersburg or his designee.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port Sector St. Petersburg or his designee
on VHF channel 16, or by phone at (727) 824-7506, to seek permission to
transit the area. If permission is granted, all persons and vessels
must comply with the instructions of the Captain of the Port or his
designated representative.
(c) Effective period. This section is effective from January 2,
2008, until February 7, 2008.
Sec. 165.760 [Amended]
0
3. In Sec. 165.760, from January 2, 2008, until February 7, 2008,
suspend paragraphs (a)(1), (a)(3), (a)(5), (a)(6), (a)(7) and (a)(8).
Sec. 165.764 [Amended]
0
4. In Sec. 165.764, from January 2, 2008, until February 7, 2008,
suspend paragraph (a)(1).
Dated: December 29, 2007.
A.S. Young,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector St.
Petersburg.
[FR Doc. 08-21 Filed 1-3-08; 3:47 pm]
BILLING CODE 4910-15-P
