Security Zones; 2012 Republican National Convention, Captain of the Port St. Petersburg Zone, Tampa, FL, 19970-19975 [2012-7921]
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Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. Specifically,
the proposed rule will establish a safety
zone, which is categorically excluded
under Commandant Instruction
M16475.lD, Figure 2–1, paragraph
(34)(g). A preliminary environmental
analysis checklist supporting this
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 recordkeeping
requirements, Security measures,
Waterways.
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. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0171.1.
2. Add § 165.T17–0198 to read as
follows:
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§ 165.T17–0198 Safety Zone; Port of Dutch
Harbor; Dutch Harbor, Alaska.
(a) Location. The following areas are
safety zones:
All navigable waters within a 25-yard
radius of a moored or anchored offshore
exploration or support vessel, or within
a 100-yard radius of any underway
offshore exploration or support vessel,
located within the Port of Dutch Harbor,
Broad Bay or adjacent navigable waters
encompassed within the area from Cape
Cheerful at 54–12.000 N 166–38.000 W
north to the limits of the U.S. territorial
sea, and from Princess Head at 53–
59.000 N 166–25.900 W north to the
limits of the U.S. territorial sea.
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(b) Effective date. The temporary
safety zones become effective at 12:01
a.m., June 15, 2012, and terminate on
11:59 p.m., July 1, 2012, unless sooner
terminated by the Captain of the Port.
(c) Regulations. The general
regulations governing safety zones
contained in § 165.23 apply to all
vessels operating within the area
described in paragraph (a).
(1) If a non-exploration or support
vessel is moored or anchored and an
offshore exploration or support vessel
transits near them such that it places the
moored or anchored vessel within the
100-yard safety zone described in
paragraph (a), the moored or anchored
vessel must remain stationary until the
offshore exploration or support vessel
maneuvers to a distance exceeding the
100-yard safety zone.
(2) All persons and vessels shall
comply with the instructions of the
Captain of the Port (COTP) or
designated on-scene representative,
consisting of commissioned, warrant,
and petty officers of the Coast Guard.
Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing
light or other means, the operator of a
vessel shall proceed as directed by the
COTP’s designated on-scene
representative.
(3) Entry into the safety zone is
prohibited unless authorized by the
COTP or his designated on-scene
representative. Any persons desiring to
enter the safety zone must contact the
designated on-scene representative on
VHF channel 16 (156.800 MHz) and
receive permission prior to entering.
(4) If permission is granted to transit
within the safety zone, all persons and
vessels must comply with the
instructions of the designated on-scene
representative.
(5) The COTP will notify the maritime
and general public by marine
information broadcast during the period
of time that the safety zones are in force
by providing notice in accordance with
33 CFR 165.7.
(d) Penalties. Persons and vessels
violating this rule are subject to the
penalties set forth in 33. U.S.C. 1232
and 50 U.S.C. 192.
Dated: March 21, 2012.
J.A. Fosdick,
Captain, U.S. Coast Guard, Captain of the
Port, Western Alaska.
[FR Doc. 2012–7918 Filed 4–2–12; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0922]
RIN 1625–AA87
Security Zones; 2012 Republican
National Convention, Captain of the
Port St. Petersburg Zone, Tampa, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish seven temporary security
zones on the waters and adjacent land
20 feet shoreward of the mean high
water marks of Garrison Channel,
Hillsborough River, Seddon Channel,
Sparkman Channel, the unnamed
channel north of Davis Islands, Ybor
Channel, and Ybor Turning Basin in the
vicinity of Tampa, Florida during the
2012 Republican National Convention.
The 2012 Republican National
Convention will be held at the Tampa
Bay Times Forum building and other
venues from August 27, 2012 through
August 31, 2012. The Department of
Homeland Security has designated the
2012 Republican National Convention
as a National Special Security Event.
The security zones are necessary to
protect convention delegates, official
parties, dignitaries, the public, and
surrounding waterways from terrorist
acts, sabotage or other subversive acts,
accidents, or other causes of a similar
nature.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before June 4, 2012. Requests for
public meetings must be received by the
Coast Guard on or before May 3, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0922 using any of the following
methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is (202) 366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
DATES:
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Comments’’ portion of the
section
below for instructions on submitting
comments.
SUPPLEMENTARY INFORMATION
If
you have questions on this proposed
rule, call or email Marine Science
Technician First Class Nolan L.
Ammons, Sector St. Petersburg
Prevention Department, Coast Guard;
telephone (813) 228–2191, email D07SMB-Tampa-WWM@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage members of the public
and others who are interested in or
affected by this proposal to participate
in this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0922),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a telephone number in the body of
your document so that we can contact
you if we have questions regarding your
submission.
To submit comments online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2011–0922’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
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Comments submitted by mail or hand
delivery must be in an unbound format,
no larger than 81⁄2 by 11 inches, suitable
for copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
Facility, please enclose a stamped, selfaddressed postcard or envelope. We will
consider all comments and material
received during the comment period
and may change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
0922’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The Coast Guard has an
agreement with the Department of
Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not anticipate convening
public meetings regarding this proposal.
You may, however, submit a request for
a public meeting on or before May 3,
2012 using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that a public meeting would
aid this rulemaking, a meeting will be
convened at a time and place
announced in a subsequent notice in the
Federal Register.
Basis and Purpose
The legal basis for the proposed rule
is the Coast Guard’s authority to
establish regulated navigation areas and
other limited access areas: 33 U.S.C.
1226, 1231; 46 U.S.C. Chapter 701,
3306, 3703; 50 U.S.C. 191, 195; 33 CFR
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1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No.
0170.1.
The purpose of this proposed rule is
to provide for the safety and security of
convention delegates official parties,
dignitaries, and the public during the
2012 Republican National Convention.
Discussion of Proposed Rule
From August 27, 2012 through August
30, 2012, the 2012 Republican National
Convention will be held in Tampa,
Florida. Primary venues for the 2012
Republican National Convention are the
Tampa Bay Times Forum building and
the Tampa Convention Center, both of
which are located adjacent or proximate
to Garrison Channel, Hillsborough
River, Seddon Channel, Sparkman
Channel, the unnamed channel north of
Davis Islands, Ybor Channel, and Ybor
Turning Basin in Tampa, Florida.
Secondary venues and venues hosting
convention-related activities will take
place in other locations throughout
Tampa, Florida on or in close proximity
to navigable waters.
The Secretary of the Department of
Homeland Security has designated the
2012 Republican National Convention
as a National Special Security Event.
National Special Security Events are
significant events, which, due to their
political, economic, social, or religious
significance, may render them
particularly attractive targets of
terrorism or other criminal activity. The
Federal government provides support,
assistance, and resources to state and
local governments to ensure public
safety and security during National
Special Security Events.
The Coast Guard has conducted
threat, vulnerability, and risk analyses
relating to the maritime transportation
system and 2012 Republican National
Convention activities. Threats
confronting the 2012 Republican
National Convention assume two
primary forms: homeland security
threats and violent or disruptive public
disorder. The 2012 Republican National
Convention is expected to draw
widespread protests by persons
dissatisfied with national and foreign
policy and the Republican Party agenda.
This politically-oriented event has the
potential to attract anarchists and others
intent on expressing their opposition
through violence and criminal activity.
The 2012 Republican National
Convention also presents an attractive
target for terrorist and extremist
organizations.
Considerable law enforcement on
land may render maritime approaches
an attractive alternative. Tampa has
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significant critical infrastructure in its
port area, which is proximate to the
downtown area and the Convention’s
main venues. The Port of Tampa is an
industrial-based port, with significant
storage and shipment of hazardous
materials.
The Department of Homeland
Security Small Vessel Security Strategy
sets forth several threat scenarios that
must be mitigated in the maritime
security planning for the 2012
Republican Convention. These threats
include the potential use of a small
vessel to: (1) Deliver a weapon of mass
destruction; (2) launch a stand-off attack
weapon; or (3) deliver an armed assault
force. 2012 Republican National
Convention maritime security planning
anticipates these threats, while
minimizing the public impact of
security operations.
The proposed security zones and
accompanying security measures have
been specifically developed to mitigate
the threats and vulnerabilities identified
in the analysis set forth above. Security
measures have been limited to the
minimum necessary to mitigate risks
associated with the identified threats.
The Coast Guard considered
establishing a waterside demonstration
area. However, due to the proximity of
the main venue area, the geography of
the area in question, the associated
threats to the convention, and the
potential to interfere with law
enforcement and security operations,
the Coast Guard determined that
establishing such an area would not be
feasible. The Coast Guard expects ample
landside demonstration areas to be
available.
The Coast Guard, on behalf of the
2012 Republican National Convention
Public Safety Committee, has initiated
an outreach program to inform maritime
stakeholders within Tampa of potential
disruptions to normal maritime
activities during the convention. On
January 27, 2012, outreach efforts to the
local community began with a
presentation to the Tampa Bay Harbor
Safety and Security Committee.
Additional meetings were held with
businesses that operate in the vicinity of
the main venue. On February 1, 2012
and February 29, 2012, public meetings
were held. At each of these meetings,
the Coast Guard presented: (1) General
information on National Special
Security Events; (2) an overview of the
2012 Republican National Convention;
(3) a description of the organization of
the public safety committee and
subcommittees established for the
convention; (4) a brief discussion of the
proposed security zones, along with
likely limitations on vessel movements
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and enhanced security measures; and
(5) the threat, vulnerability and risk
analysis of the convention from a
maritime perspective.
Responses to information presented
by the Coast Guard were generally
positive and supportive. The majority of
questions were requests for additional
details, such as exactly when the
security zone would be in effect and
what size vessels will be allowed to
transit the zone or use the docks in the
primary venue area. Several people
asked questions seeking to clarify the
restrictions, such as whether boat
owners would be able to access their
vessels, or whether commercial traffic
would be allowed to operate in
Sparkman Channel. There were two
questions concerning the sufficiency of
planned security measures on the south
and east sides of Harbour Island.
The Coast Guard responded to all
inquiries by stating that the details of
the security zones were still under
development and were subject to
change. At each meeting, the Coast
Guard reminded attendees to review the
notice of proposed rulemaking when it
is published in the Federal Register,
and encouraged attendees to submit
comments to the docket if they had
concerns or questions.
The proposed rule would establish
seven temporary security zones in the
Captain of the Port St. Petersburg Zone
during the 2012 Republican National
Convention in Tampa, Florida. The
security zones would be enforced from
12:01 p.m. on August 25, 2012 through
11:59 a.m. on August 31, 2012. The
security zones are listed below. All
coordinates are North American Datum
1983.
(1) Garrison Channel. All waters of
Garrison Channel, including adjacent
land 20 feet shoreward of the mean high
water mark of Garrison Channel. All
persons and vessels would be
prohibited from entering or transiting
the security zone unless authorized by
the Captain of the Port St. Petersburg or
a designated representative. Vessels
with permanent moorings in the
security zone would not be permitted to
move during the enforcement period.
Vessels remaining in the security zone
during the enforcement period would be
subject to inspection and examination
by Coast Guard and other law
enforcement officials. Persons desiring
to access their vessels within the
security zone would be subject to
security screenings.
(2) Hillsborough River. All waters of
Hillsborough River, including adjacent
land 20 feet shoreward of the mean high
water mark of Hillsborough River, south
of an imaginary line between the
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following points: Point 1 in position
27°56′44″ N, 82°27′37″ W; and Point 2
in position 27°56′44″ N, 82°27′33″ W.
All persons and vessels would be
prohibited from entering or remaining
within the security zone unless
authorized by the Captain of the Port St.
Petersburg or a designated
representative.
(3) Seddon Channel. All waters of
Seddon Channel, including adjacent
land 20 feet shoreward of the mean high
water mark of Seddon Channel, north of
an imaginary line between the following
points: Point 1 in position 27°55′52″ N,
82°27′13″ W; and Point 2 in position
27°55′54″ N, 82°27′08″ W. All persons
and vessels would be prohibited from
entering or remaining within the
security zone unless authorized by the
Captain of the Port St. Petersburg or a
designated representative.
(4) Sparkman Channel. All waters of
Sparkman Channel, including adjacent
land 20 feet shoreward of the mean high
water mark of Sparkman Channel, north
of an imaginary line between the
following points: Point 1 in position
27°55′51″ N, 82°26′54″ W; and Point 2
in position 27°55′50″ N, 82°26′45″ W.
Recreational vessels would be
prohibited from entering or remaining
in Sparkman Channel unless authorized
by the Captain of the Port St. Petersburg
or a designated representative.
Commercial vessels would be
authorized to enter or transit Sparkman
Channel, subject to compliance with
security protocols established by the
Captain of the Port St. Petersburg,
including: (a) Advance notice of intent
to transit; (b) inspection and
examination of all commercial vessels
and persons requesting authorization to
transit the security zone (including
positive identification checks); and (c)
embarkation of law enforcement
personnel during authorized security
zone transits.
(5) Unnamed Channel North of Davis
Islands. All waters of the unnamed
channel north of Davis Islands,
including adjacent land 20 feet
shoreward of the mean high water mark
of the unnamed channel north of Davis
Islands, east of an imaginary line
between the following points: Point 1 in
position 27°56′16″ N, 82°27′40″ W; and
Point 2 in position 27°56′18″ N,
82°27′43″ W. All persons and vessels
would be prohibited from entering or
remaining within the security zone
unless authorized by the Captain of the
Port St. Petersburg or a designated
representative.
(6) Ybor Channel. All waters of Ybor
Channel, including adjacent land 20 feet
shoreward of the mean high water mark
of Ybor Channel. Recreational vessels
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would be prohibited from entering or
remaining in Ybor Channel unless
authorized by the Captain of the Port St.
Petersburg or a designated
representative. Commercial vessels
would be authorized to enter or transit
Ybor Channel, subject to compliance
with security protocols established by
the Captain of the Port St. Petersburg,
including: (a) Advance notice of intent
to transit; (b) inspection and
examination of all commercial vessels
and persons requesting authorization to
transit the security zone (including
positive identification checks); and (c)
embarkation of law enforcement
personnel during authorized security
zone transits.
(7) Ybor Turning Basin. All waters of
Ybor Turning Basin, including adjacent
land 20 feet shoreward of the mean high
water mark of Ybor Turning Basin.
Recreational vessels would be
prohibited from entering or remaining
in Ybor Turning Basin unless
authorized by the Captain of the Port St.
Petersburg or a designated
representative. Commercial vessels
would be authorized to enter or transit
Ybor Turning Basin, subject to
compliance with security protocols
established by the Captain of the Port St.
Petersburg, including: (a) Advance
notice of intent to transit; (b) inspection
and examination of all commercial
vessels and persons requesting
authorization to transit the security zone
(including positive identification
checks); and (c) embarkation of law
enforcement personnel during
authorized security zone transits.
All persons and vessels desiring to
enter or remain within the regulated
areas may contact the Captain of the
Port St. Petersburg by telephone at (727)
824–7524, or a designated
representative via VHF radio on channel
16, to request authorization. If
authorization to enter or remain within
the regulated areas is granted by the
Captain of the Port St. Petersburg or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port St. Petersburg or
a designated representative.
Recreational vessels authorized to enter
or remain within the regulated areas
may be subject to boarding and
inspection of the vessel and persons
onboard.
A Port Community Information
Bulletin (PCIB) will be distributed by
Coast Guard Sector St. Petersburg. The
PCIB will be available on the Coast
Guard internet web portal at https://
homeport.uscg.mil. PCIBs are located
under the Port Directory tab in the
Safety and Security Alert links. The
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Coast Guard would provide notice of the
security zones by Local Notice to
Mariners, Broadcast Notice to Mariners,
public outreach, and on-scene
designated representatives.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
Executive Orders 13563, Improving
Regulation and Regulatory Review, and
12866, Regulatory Planning and Review,
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This
proposed rule has not been designated
a significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, the Office of Management
and Budget has not reviewed this
proposed rule under Executive Order
12866.
The economic impact of this proposed
rule is not significant for the following
reasons: (1) The security zones would be
enforced for a total of 144 hours; (2) the
security zones would be in a location
where commercial vessel traffic is
expected to be minimal; (3) commercial
vessel traffic would be authorized to
transit the security zones to the extent
compatible with public safety and
security; (4) persons and vessels would
be able to operate in the surrounding
area adjacent to the security zones
during the enforcement period; (5)
persons and vessels would be able to
enter or remain within the security
zones if authorized by the Captain of the
Port St. Petersburg or a designated
representative; and (6) the Coast Guard
would provide advance notification of
the security zones to the local
community by Local Notice to Mariners,
Broadcast Notice to Mariners, and
public outreach.
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.
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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
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule may affect
the following entities, some of which
may be small entities: the owners or
operators of vessels intending to enter or
remain within those portions of
Garrison Channel, Hillsborough River,
Seddon Channel, Sparkman Channel,
unnamed channel north of Davis
Islands, Ybor Channel, and Ybor
Turning Basin encompassed within the
proposed security zones from 12:01 p.m.
on August 25, 2012 through 11:59 a.m.
on August 31, 2012. For the reasons
discussed in the Regulatory Planning
and Review section above, this
proposed rule would not have a
significant economic impact on a
substantial number of small entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed 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 proposed 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 proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
Marine Science Technician First Class
Nolan L. Ammons, Sector St. Petersburg
Prevention Department, Coast Guard;
telephone (813) 228–2191, email D07SMB-Tampa-WWM@uscg.mil. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed 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).
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Federalism
Energy Effects
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.
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.
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 an expenditure, we do
discuss the effects of this proposed rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
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 proposed 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.
erowe on DSK2VPTVN1PROD with PROPOSALS-1
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.
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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 Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves establishing seven temporary
security zones, as described in
paragraph 34(g) of the Instruction that
will be enforced for a total of 144 hours.
We invite any comments or information
that may lead to the discovery of a
PO 00000
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Fmt 4702
Sfmt 4702
significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard 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. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add a temporary § 165.T07–0922 to
read as follows:
§ 165.T07–0922 Security Zones; 2012
Republican National Convention, Captain of
the Port St. Petersburg Zone, Tampa, FL.
(a) Regulated Areas. The following
regulated areas are security zones. All
coordinates are North American Datum
1983.
(1) Garrison Channel. All waters of
Garrison Channel, including adjacent
land 20 feet shoreward of the mean high
water mark of Garrison Channel. All
persons and vessels are prohibited from
entering or transiting the regulated area
unless authorized by the Captain of the
Port St. Petersburg or a designated
representative. Vessels with permanent
moorings in the regulated area are not
permitted to move during the
enforcement period. Vessels remaining
in the regulated area during the
enforcement period are subject to
inspection and examination by Coast
Guard and other law enforcement
officials. Persons desiring to access their
vessels within the regulated area are
subject to security screenings.
(2) Hillsborough River. All waters of
Hillsborough River, including adjacent
land 20 feet shoreward of the mean high
water mark of Hillsborough River, south
of an imaginary line between the
following points: Point 1 in position
27°56′44″ N, 82°27′37″ W; and Point 2
in position 27°56′44″ N, 82°27′33″ W.
All persons and vessels are prohibited
from entering or remaining within the
regulated area unless authorized by the
Captain of the Port St. Petersburg or a
designated representative.
(3) Seddon Channel. All waters of
Seddon Channel, including adjacent
land 20 feet shoreward of the mean high
water mark of Seddon Channel, north of
an imaginary line between the following
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erowe on DSK2VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules
points: Point 1 in position 27°55′52″ N,
82°27′13″ W; and Point 2 in position
27°55′54″ N, 82°27′08″ W. All persons
and vessels are prohibited from entering
or remaining within the regulated area
unless authorized by the Captain of the
Port St. Petersburg or a designated
representative.
(4) Sparkman Channel. All waters of
Sparkman Channel, including adjacent
land 20 feet shoreward of the mean high
water mark of Sparkman Channel, north
of an imaginary line between the
following points: Point 1 in position
27°55′51″ N, 82°26′54″ W; and Point 2
in position 27°55′50″ N, 82°26′45″ W.
Recreational vessels are prohibited from
entering or remaining in the regulated
area unless authorized by the Captain of
the Port St. Petersburg or a designated
representative. Commercial vessels are
authorized to enter or transit the
regulated area, subject to compliance
with security protocols established by
the Captain of the Port St. Petersburg,
including: (a) Advance notice of intent
to transit; (b) inspection and
examination of all commercial vessels
and persons requesting authorization to
transit the regulated area (including
positive identification checks); and (c)
embarkation of law enforcement
personnel during authorized regulated
area transits.
(5) Unnamed Channel North of Davis
Islands. All waters of the unnamed
channel north of Davis Islands,
including adjacent land 20 feet
shoreward of the mean high water mark
of the unnamed channel north of Davis
Islands, east of an imaginary line
between the following points: Point 1 in
position 27°56′16″ N, 82°27′40″ W; and
Point 2 in position 27°56′18″ N,
82°27′43″ W. All persons and vessels are
prohibited from entering or remaining
within the regulated area unless
authorized by the Captain of the Port St.
Petersburg or a designated
representative.
(6) Ybor Channel. All waters of Ybor
Channel, including adjacent land 20 feet
shoreward of the mean high water mark
of Ybor Channel. Recreational vessels
are prohibited from entering or
remaining in Ybor Channel unless
authorized by the Captain of the Port St.
Petersburg or a designated
representative. Commercial vessels are
authorized to enter or transit Ybor
Channel, subject to compliance with
security protocols established by the
Captain of the Port St. Petersburg,
including: (a) Advance notice of intent
to transit; (b) inspection and
examination of all commercial vessels
and persons requesting authorization to
transit the regulated area (including
positive identification checks); and (c)
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15:15 Apr 02, 2012
Jkt 226001
embarkation of law enforcement
personnel during authorized regulated
area transits.
(7) Ybor Turning Basin. All waters of
Ybor Turning Basin, including adjacent
land 20 feet shoreward of the mean high
water mark of Ybor Turning Basin.
Recreational vessels are prohibited from
entering or remaining in Ybor Turning
Basin unless authorized by the Captain
of the Port St. Petersburg or a designated
representative. Commercial vessels are
authorized to enter or transit Ybor
Turning Basin, subject to compliance
with security protocols established by
the Captain of the Port St. Petersburg,
including: (a) Advance notice of intent
to transit; (b) inspection and
examination of all commercial vessels
and persons requesting authorization to
transit the security zone (including
positive identification checks); and (c)
embarkation of law enforcement
personnel during authorized regulated
area transits.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard boat coxswains, petty officers,
and other officers operating Coast Guard
vessels, and Federal, state, and local
officials designated by or assisting the
Captain of the Port St. Petersburg in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels desiring to enter or remain
within the regulated areas may contact
the Captain of the Port St. Petersburg by
telephone at (727) 824–7524, or a
designated representative via VHF radio
on channel 16, to request authorization.
A Port Community Information
Bulletin is available on the Coast Guard
internet web portal at https://
homeport.uscg.mil. Port Community
Information Bulletins are located under
the Port Directory tab in the Safety and
Security Alert links.
(2) If authorization to enter or remain
within the regulated areas is granted by
the Captain of the Port St. Petersburg or
a designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port St. Petersburg or
a designated representative.
Recreational vessels authorized to enter
the regulated areas may be subject to
boarding and inspection of the vessel
and persons onboard.
(3) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, public outreach, and on-scene
designated representatives.
(d) Effective Date. This rule is
effective from 12:01 p.m. on August 25,
2012 through 11:59 a.m. on August 31,
2012.
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
19975
Dated: March 13, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg.
[FR Doc. 2012–7921 Filed 4–2–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
48 CFR Parts 801, 806, 812, 837, 852,
and 873
VA Acquisition Regulation: Simplified
Acquisition Procedures for HealthCare Resources (Section 610 Review)
Department of Veterans Affairs.
Notice of regulatory review.
AGENCY:
ACTION:
On January 24, 2003,
Department of Veterans Affairs (VA)
amended the VA Acquisition Regulation
(VAAR) by establishing simplified
procedures for the competitive
acquisition of health-care resources,
consisting of commercial services or the
use of medical equipment or space,
pursuant to the Veterans’ Health Care
Eligibility Reform Act of 1996 (38 U.S.C.
8151–8153). These procedures are
codified at 48 CFR chapter 8. In
developing these standards, VA
performed a Regulatory Flexibility
Analysis which indicated the rule could
have a significant impact on a
substantial number of small businesses.
VA has initiated a review of this rule
under section 610 of the Regulatory
Flexibility Act to determine if the rule
should be continued without change, or
should be amended or rescinded, to
minimize adverse economic impacts on
small entities. Please note that VA is in
the process of rewriting the VAAR and
will be reviewing the requirements of
this rule in detail as part of this revision
initiative. In the interim, VA solicits,
and will consider, public comments on
factors described in the SUPPLEMENTARY
INFORMATION.
DATES: Comments must be received by
VA on or before May 3, 2012.
ADDRESSES: Written comments may be
submitted through www.regulations.gov;
by mail or hand-delivery to the Director,
Regulations Management (02REG),
Department of Veterans Affairs, 810
Vermont Ave. NW., Room 1068,
Washington, DC 20420; or by fax to
(202) 273–9026. Copies of comments
received will be available for public
inspection in the Office of Regulation
Policy and Management, Room 1063B,
between the hours of 8 a.m. and 4:30
p.m. Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. In addition, during the
SUMMARY:
E:\FR\FM\03APP1.SGM
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Agencies
[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Proposed Rules]
[Pages 19970-19975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7921]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0922]
RIN 1625-AA87
Security Zones; 2012 Republican National Convention, Captain of
the Port St. Petersburg Zone, Tampa, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish seven temporary security
zones on the waters and adjacent land 20 feet shoreward of the mean
high water marks of Garrison Channel, Hillsborough River, Seddon
Channel, Sparkman Channel, the unnamed channel north of Davis Islands,
Ybor Channel, and Ybor Turning Basin in the vicinity of Tampa, Florida
during the 2012 Republican National Convention. The 2012 Republican
National Convention will be held at the Tampa Bay Times Forum building
and other venues from August 27, 2012 through August 31, 2012. The
Department of Homeland Security has designated the 2012 Republican
National Convention as a National Special Security Event. The security
zones are necessary to protect convention delegates, official parties,
dignitaries, the public, and surrounding waterways from terrorist acts,
sabotage or other subversive acts, accidents, or other causes of a
similar nature.
DATES: Comments and related material must be received by the Coast
Guard on or before June 4, 2012. Requests for public meetings must be
received by the Coast Guard on or before May 3, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0922 using any of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for
[[Page 19971]]
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Marine Science Technician First Class Nolan L.
Ammons, Sector St. Petersburg Prevention Department, Coast Guard;
telephone (813) 228-2191, email D07-SMB-Tampa-WWM@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone (202) 366-
9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage members of the public and others who are interested in
or affected by this proposal to participate in this rulemaking by
submitting comments and related materials. All comments received will
be posted without change to https://www.regulations.gov and will include
any personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0922), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit comments online, go to https://www.regulations.gov, click
on the ``submit a comment'' box, which will then become highlighted in
blue. In the ``Document Type'' drop down menu select ``Proposed Rule''
and insert ``USCG-2011-0922'' in the ``Keyword'' box. Click ``Search''
then click on the balloon shape in the ``Actions'' column. Comments
submitted by mail or hand delivery must be in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0922'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Coast Guard
has an agreement with the Department of Transportation to use the
Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not anticipate convening public meetings regarding this
proposal. You may, however, submit a request for a public meeting on or
before May 3, 2012 using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that a public meeting would aid this
rulemaking, a meeting will be convened at a time and place announced in
a subsequent notice in the Federal Register.
Basis and Purpose
The legal basis for the proposed rule is the Coast Guard's
authority to establish regulated navigation areas and other limited
access areas: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.
The purpose of this proposed rule is to provide for the safety and
security of convention delegates official parties, dignitaries, and the
public during the 2012 Republican National Convention.
Discussion of Proposed Rule
From August 27, 2012 through August 30, 2012, the 2012 Republican
National Convention will be held in Tampa, Florida. Primary venues for
the 2012 Republican National Convention are the Tampa Bay Times Forum
building and the Tampa Convention Center, both of which are located
adjacent or proximate to Garrison Channel, Hillsborough River, Seddon
Channel, Sparkman Channel, the unnamed channel north of Davis Islands,
Ybor Channel, and Ybor Turning Basin in Tampa, Florida. Secondary
venues and venues hosting convention-related activities will take place
in other locations throughout Tampa, Florida on or in close proximity
to navigable waters.
The Secretary of the Department of Homeland Security has designated
the 2012 Republican National Convention as a National Special Security
Event. National Special Security Events are significant events, which,
due to their political, economic, social, or religious significance,
may render them particularly attractive targets of terrorism or other
criminal activity. The Federal government provides support, assistance,
and resources to state and local governments to ensure public safety
and security during National Special Security Events.
The Coast Guard has conducted threat, vulnerability, and risk
analyses relating to the maritime transportation system and 2012
Republican National Convention activities. Threats confronting the 2012
Republican National Convention assume two primary forms: homeland
security threats and violent or disruptive public disorder. The 2012
Republican National Convention is expected to draw widespread protests
by persons dissatisfied with national and foreign policy and the
Republican Party agenda. This politically-oriented event has the
potential to attract anarchists and others intent on expressing their
opposition through violence and criminal activity. The 2012 Republican
National Convention also presents an attractive target for terrorist
and extremist organizations.
Considerable law enforcement on land may render maritime approaches
an attractive alternative. Tampa has
[[Page 19972]]
significant critical infrastructure in its port area, which is
proximate to the downtown area and the Convention's main venues. The
Port of Tampa is an industrial-based port, with significant storage and
shipment of hazardous materials.
The Department of Homeland Security Small Vessel Security Strategy
sets forth several threat scenarios that must be mitigated in the
maritime security planning for the 2012 Republican Convention. These
threats include the potential use of a small vessel to: (1) Deliver a
weapon of mass destruction; (2) launch a stand-off attack weapon; or
(3) deliver an armed assault force. 2012 Republican National Convention
maritime security planning anticipates these threats, while minimizing
the public impact of security operations.
The proposed security zones and accompanying security measures have
been specifically developed to mitigate the threats and vulnerabilities
identified in the analysis set forth above. Security measures have been
limited to the minimum necessary to mitigate risks associated with the
identified threats. The Coast Guard considered establishing a waterside
demonstration area. However, due to the proximity of the main venue
area, the geography of the area in question, the associated threats to
the convention, and the potential to interfere with law enforcement and
security operations, the Coast Guard determined that establishing such
an area would not be feasible. The Coast Guard expects ample landside
demonstration areas to be available.
The Coast Guard, on behalf of the 2012 Republican National
Convention Public Safety Committee, has initiated an outreach program
to inform maritime stakeholders within Tampa of potential disruptions
to normal maritime activities during the convention. On January 27,
2012, outreach efforts to the local community began with a presentation
to the Tampa Bay Harbor Safety and Security Committee. Additional
meetings were held with businesses that operate in the vicinity of the
main venue. On February 1, 2012 and February 29, 2012, public meetings
were held. At each of these meetings, the Coast Guard presented: (1)
General information on National Special Security Events; (2) an
overview of the 2012 Republican National Convention; (3) a description
of the organization of the public safety committee and subcommittees
established for the convention; (4) a brief discussion of the proposed
security zones, along with likely limitations on vessel movements and
enhanced security measures; and (5) the threat, vulnerability and risk
analysis of the convention from a maritime perspective.
Responses to information presented by the Coast Guard were
generally positive and supportive. The majority of questions were
requests for additional details, such as exactly when the security zone
would be in effect and what size vessels will be allowed to transit the
zone or use the docks in the primary venue area. Several people asked
questions seeking to clarify the restrictions, such as whether boat
owners would be able to access their vessels, or whether commercial
traffic would be allowed to operate in Sparkman Channel. There were two
questions concerning the sufficiency of planned security measures on
the south and east sides of Harbour Island.
The Coast Guard responded to all inquiries by stating that the
details of the security zones were still under development and were
subject to change. At each meeting, the Coast Guard reminded attendees
to review the notice of proposed rulemaking when it is published in the
Federal Register, and encouraged attendees to submit comments to the
docket if they had concerns or questions.
The proposed rule would establish seven temporary security zones in
the Captain of the Port St. Petersburg Zone during the 2012 Republican
National Convention in Tampa, Florida. The security zones would be
enforced from 12:01 p.m. on August 25, 2012 through 11:59 a.m. on
August 31, 2012. The security zones are listed below. All coordinates
are North American Datum 1983.
(1) Garrison Channel. All waters of Garrison Channel, including
adjacent land 20 feet shoreward of the mean high water mark of Garrison
Channel. All persons and vessels would be prohibited from entering or
transiting the security zone unless authorized by the Captain of the
Port St. Petersburg or a designated representative. Vessels with
permanent moorings in the security zone would not be permitted to move
during the enforcement period. Vessels remaining in the security zone
during the enforcement period would be subject to inspection and
examination by Coast Guard and other law enforcement officials. Persons
desiring to access their vessels within the security zone would be
subject to security screenings.
(2) Hillsborough River. All waters of Hillsborough River, including
adjacent land 20 feet shoreward of the mean high water mark of
Hillsborough River, south of an imaginary line between the following
points: Point 1 in position 27[deg]56'44'' N, 82[deg]27'37'' W; and
Point 2 in position 27[deg]56'44'' N, 82[deg]27'33'' W. All persons and
vessels would be prohibited from entering or remaining within the
security zone unless authorized by the Captain of the Port St.
Petersburg or a designated representative.
(3) Seddon Channel. All waters of Seddon Channel, including
adjacent land 20 feet shoreward of the mean high water mark of Seddon
Channel, north of an imaginary line between the following points: Point
1 in position 27[deg]55'52'' N, 82[deg]27'13'' W; and Point 2 in
position 27[deg]55'54'' N, 82[deg]27'08'' W. All persons and vessels
would be prohibited from entering or remaining within the security zone
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
(4) Sparkman Channel. All waters of Sparkman Channel, including
adjacent land 20 feet shoreward of the mean high water mark of Sparkman
Channel, north of an imaginary line between the following points: Point
1 in position 27[deg]55'51'' N, 82[deg]26'54'' W; and Point 2 in
position 27[deg]55'50'' N, 82[deg]26'45'' W. Recreational vessels would
be prohibited from entering or remaining in Sparkman Channel unless
authorized by the Captain of the Port St. Petersburg or a designated
representative. Commercial vessels would be authorized to enter or
transit Sparkman Channel, subject to compliance with security protocols
established by the Captain of the Port St. Petersburg, including: (a)
Advance notice of intent to transit; (b) inspection and examination of
all commercial vessels and persons requesting authorization to transit
the security zone (including positive identification checks); and (c)
embarkation of law enforcement personnel during authorized security
zone transits.
(5) Unnamed Channel North of Davis Islands. All waters of the
unnamed channel north of Davis Islands, including adjacent land 20 feet
shoreward of the mean high water mark of the unnamed channel north of
Davis Islands, east of an imaginary line between the following points:
Point 1 in position 27[deg]56'16'' N, 82[deg]27'40'' W; and Point 2 in
position 27[deg]56'18'' N, 82[deg]27'43'' W. All persons and vessels
would be prohibited from entering or remaining within the security zone
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
(6) Ybor Channel. All waters of Ybor Channel, including adjacent
land 20 feet shoreward of the mean high water mark of Ybor Channel.
Recreational vessels
[[Page 19973]]
would be prohibited from entering or remaining in Ybor Channel unless
authorized by the Captain of the Port St. Petersburg or a designated
representative. Commercial vessels would be authorized to enter or
transit Ybor Channel, subject to compliance with security protocols
established by the Captain of the Port St. Petersburg, including: (a)
Advance notice of intent to transit; (b) inspection and examination of
all commercial vessels and persons requesting authorization to transit
the security zone (including positive identification checks); and (c)
embarkation of law enforcement personnel during authorized security
zone transits.
(7) Ybor Turning Basin. All waters of Ybor Turning Basin, including
adjacent land 20 feet shoreward of the mean high water mark of Ybor
Turning Basin. Recreational vessels would be prohibited from entering
or remaining in Ybor Turning Basin unless authorized by the Captain of
the Port St. Petersburg or a designated representative. Commercial
vessels would be authorized to enter or transit Ybor Turning Basin,
subject to compliance with security protocols established by the
Captain of the Port St. Petersburg, including: (a) Advance notice of
intent to transit; (b) inspection and examination of all commercial
vessels and persons requesting authorization to transit the security
zone (including positive identification checks); and (c) embarkation of
law enforcement personnel during authorized security zone transits.
All persons and vessels desiring to enter or remain within the
regulated areas may contact the Captain of the Port St. Petersburg by
telephone at (727) 824-7524, or a designated representative via VHF
radio on channel 16, to request authorization. If authorization to
enter or remain within the regulated areas is granted by the Captain of
the Port St. Petersburg or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port St. Petersburg or a designated
representative. Recreational vessels authorized to enter or remain
within the regulated areas may be subject to boarding and inspection of
the vessel and persons onboard.
A Port Community Information Bulletin (PCIB) will be distributed by
Coast Guard Sector St. Petersburg. The PCIB will be available on the
Coast Guard internet web portal at https://homeport.uscg.mil. PCIBs are
located under the Port Directory tab in the Safety and Security Alert
links. The Coast Guard would provide notice of the security zones by
Local Notice to Mariners, Broadcast Notice to Mariners, public
outreach, and on-scene designated representatives.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This proposed rule has not been designated a significant
regulatory action under section 3(f) of Executive Order 12866.
Accordingly, the Office of Management and Budget has not reviewed this
proposed rule under Executive Order 12866.
The economic impact of this proposed rule is not significant for
the following reasons: (1) The security zones would be enforced for a
total of 144 hours; (2) the security zones would be in a location where
commercial vessel traffic is expected to be minimal; (3) commercial
vessel traffic would be authorized to transit the security zones to the
extent compatible with public safety and security; (4) persons and
vessels would be able to operate in the surrounding area adjacent to
the security zones during the enforcement period; (5) persons and
vessels would be able to enter or remain within the security zones if
authorized by the Captain of the Port St. Petersburg or a designated
representative; and (6) the Coast Guard would provide advance
notification of the security zones to the local community by Local
Notice to Mariners, Broadcast Notice to Mariners, and public outreach.
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 would not have a significant economic impact on a substantial
number of small entities. This proposed rule may affect the following
entities, some of which may be small entities: the owners or operators
of vessels intending to enter or remain within those portions of
Garrison Channel, Hillsborough River, Seddon Channel, Sparkman Channel,
unnamed channel north of Davis Islands, Ybor Channel, and Ybor Turning
Basin encompassed within the proposed security zones from 12:01 p.m. on
August 25, 2012 through 11:59 a.m. on August 31, 2012. For the reasons
discussed in the Regulatory Planning and Review section above, this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Marine Science
Technician First Class Nolan L. Ammons, Sector St. Petersburg
Prevention Department, Coast Guard; telephone (813) 228-2191, email
D07-SMB-Tampa-WWM@uscg.mil. The Coast Guard will not retaliate against
small entities that question or complain about this proposed 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).
[[Page 19974]]
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.
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 an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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 proposed 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 Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing seven temporary security zones, as described
in paragraph 34(g) of the Instruction that will be enforced for a total
of 144 hours. We invite 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
recordkeeping requirements, Security measures, Waterways.
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. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
2. Add a temporary Sec. 165.T07-0922 to read as follows:
Sec. 165.T07-0922 Security Zones; 2012 Republican National
Convention, Captain of the Port St. Petersburg Zone, Tampa, FL.
(a) Regulated Areas. The following regulated areas are security
zones. All coordinates are North American Datum 1983.
(1) Garrison Channel. All waters of Garrison Channel, including
adjacent land 20 feet shoreward of the mean high water mark of Garrison
Channel. All persons and vessels are prohibited from entering or
transiting the regulated area unless authorized by the Captain of the
Port St. Petersburg or a designated representative. Vessels with
permanent moorings in the regulated area are not permitted to move
during the enforcement period. Vessels remaining in the regulated area
during the enforcement period are subject to inspection and examination
by Coast Guard and other law enforcement officials. Persons desiring to
access their vessels within the regulated area are subject to security
screenings.
(2) Hillsborough River. All waters of Hillsborough River, including
adjacent land 20 feet shoreward of the mean high water mark of
Hillsborough River, south of an imaginary line between the following
points: Point 1 in position 27[deg]56'44'' N, 82[deg]27'37'' W; and
Point 2 in position 27[deg]56'44'' N, 82[deg]27'33'' W. All persons and
vessels are prohibited from entering or remaining within the regulated
area unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
(3) Seddon Channel. All waters of Seddon Channel, including
adjacent land 20 feet shoreward of the mean high water mark of Seddon
Channel, north of an imaginary line between the following
[[Page 19975]]
points: Point 1 in position 27[deg]55'52'' N, 82[deg]27'13'' W; and
Point 2 in position 27[deg]55'54'' N, 82[deg]27'08'' W. All persons and
vessels are prohibited from entering or remaining within the regulated
area unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
(4) Sparkman Channel. All waters of Sparkman Channel, including
adjacent land 20 feet shoreward of the mean high water mark of Sparkman
Channel, north of an imaginary line between the following points: Point
1 in position 27[deg]55'51'' N, 82[deg]26'54'' W; and Point 2 in
position 27[deg]55'50'' N, 82[deg]26'45'' W. Recreational vessels are
prohibited from entering or remaining in the regulated area unless
authorized by the Captain of the Port St. Petersburg or a designated
representative. Commercial vessels are authorized to enter or transit
the regulated area, subject to compliance with security protocols
established by the Captain of the Port St. Petersburg, including: (a)
Advance notice of intent to transit; (b) inspection and examination of
all commercial vessels and persons requesting authorization to transit
the regulated area (including positive identification checks); and (c)
embarkation of law enforcement personnel during authorized regulated
area transits.
(5) Unnamed Channel North of Davis Islands. All waters of the
unnamed channel north of Davis Islands, including adjacent land 20 feet
shoreward of the mean high water mark of the unnamed channel north of
Davis Islands, east of an imaginary line between the following points:
Point 1 in position 27[deg]56'16'' N, 82[deg]27'40'' W; and Point 2 in
position 27[deg]56'18'' N, 82[deg]27'43'' W. All persons and vessels
are prohibited from entering or remaining within the regulated area
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
(6) Ybor Channel. All waters of Ybor Channel, including adjacent
land 20 feet shoreward of the mean high water mark of Ybor Channel.
Recreational vessels are prohibited from entering or remaining in Ybor
Channel unless authorized by the Captain of the Port St. Petersburg or
a designated representative. Commercial vessels are authorized to enter
or transit Ybor Channel, subject to compliance with security protocols
established by the Captain of the Port St. Petersburg, including: (a)
Advance notice of intent to transit; (b) inspection and examination of
all commercial vessels and persons requesting authorization to transit
the regulated area (including positive identification checks); and (c)
embarkation of law enforcement personnel during authorized regulated
area transits.
(7) Ybor Turning Basin. All waters of Ybor Turning Basin, including
adjacent land 20 feet shoreward of the mean high water mark of Ybor
Turning Basin. Recreational vessels are prohibited from entering or
remaining in Ybor Turning Basin unless authorized by the Captain of the
Port St. Petersburg or a designated representative. Commercial vessels
are authorized to enter or transit Ybor Turning Basin, subject to
compliance with security protocols established by the Captain of the
Port St. Petersburg, including: (a) Advance notice of intent to
transit; (b) inspection and examination of all commercial vessels and
persons requesting authorization to transit the security zone
(including positive identification checks); and (c) embarkation of law
enforcement personnel during authorized regulated area transits.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard boat coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officials designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
areas.
(c) Regulations. (1) All persons and vessels desiring to enter or
remain within the regulated areas may contact the Captain of the Port
St. Petersburg by telephone at (727) 824-7524, or a designated
representative via VHF radio on channel 16, to request authorization.
A Port Community Information Bulletin is available on the Coast
Guard internet web portal at https://homeport.uscg.mil. Port Community
Information Bulletins are located under the Port Directory tab in the
Safety and Security Alert links.
(2) If authorization to enter or remain within the regulated areas
is granted by the Captain of the Port St. Petersburg or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port St.
Petersburg or a designated representative. Recreational vessels
authorized to enter the regulated areas may be subject to boarding and
inspection of the vessel and persons onboard.
(3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, public
outreach, and on-scene designated representatives.
(d) Effective Date. This rule is effective from 12:01 p.m. on
August 25, 2012 through 11:59 a.m. on August 31, 2012.
Dated: March 13, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2012-7921 Filed 4-2-12; 8:45 am]
BILLING CODE 9110-04-P