Security Zones; 2012 Republican National Convention, Captain of the Port St. Petersburg Zone, Tampa, FL, 41688-41692 [2012-17086]
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Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Rules and Regulations
Buffalo or his designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: July 3, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2012–17220 Filed 7–11–12; 11:15 am]
BILLING CODE 9110–04–P
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.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing 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
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SUMMARY:
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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. Entering or remaining in any of
the security zones is prohibited unless
authorized by the Captain of the Port St.
Petersburg or a designated
representative.
This rule is effective from 12:01
p.m. on August 25, 2012 through 11:59
a.m. on August 31, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0922 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0922 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final 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 the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
Regulatory Information
On April 3, 2012, the Coast Guard
published a notice of proposed
rulemaking (NPRM) entitled Security
Zone: 2012 Republican National
Convention Captain of the Port St.
Petersburg Zone, Tampa, FL in the
Federal Register (77 FR 64). We
received one comment on the proposed
rule. Public meetings were held on
February 1, 2012 and February 29, 2012.
Basis and Purpose
The legal basis for the 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.
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The purpose of this 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 Comments and Changes
The Coast Guard received one
comment to the proposed rule from the
Hillsborough County Sheriff’s Office.
The comment requested to extend the
No Wake/Security Zone south to the R.
E. Knight pier. The extension of the
security zone would allow Law
Enforcement officials to operate out of
the HCSO Marine Unit boat ramp and
would allow more time to react/respond
to potential threats on the surrounding
waters. The Coast Guard assessed the
concerns of the Hillsborough County
Sheriff’s office and extended the
security zone in Seddon Channel south
to the Robert E. Knight pier, at the
following location: Point 1 in position
27°55′02″ N, 82°26′46″ W; and Point 2
in position 27°55′07″ N, 82°26′39″ W.
The Coast Guard provided
clarification regarding security protocols
for commercial vessels intending to
enter or transit three of the security
zones. Such commercial vessels shall
have an approved NOA submitted in
accordance with 33 CFR part 160 that
indicates a mooring at a facility located
within the security zone or at a facility
that requires transit of the zone.
Discussion of 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 include
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
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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 policy, foreign
policy, and the Republican Party
agenda. This politically-oriented event
has the potential to attract anarchists
and other persons 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
presence on land may render maritime
approaches a viable alternative. The
City of Tampa has 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 security zones and accompanying
security measures have been specifically
developed to mitigate the threats and
vulnerabilities identified in the analysis
discussed 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 but 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.
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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 the exact periods 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 for clarification regarding the
proposed 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 rule will 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
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coordinates are North American Datum
1983.
(1) Garrison Channel. All waters of
Garrison Channel, including adjacent
lands 20 feet shoreward of the mean
high water mark of Garrison Channel.
All persons and vessels are 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 will not
be permitted to move during the
enforcement period. Vessels remaining
in the security zone during the
enforcement period will be subject to
inspection and examination by Coast
Guard and other law enforcement
officials. Persons desiring to access their
vessels within the security zone will be
subject to security screenings.
(2) Hillsborough River. All waters of
Hillsborough River, including adjacent
lands 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
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
lands 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′02″ N, 82°26′46″ W; and Point 2
in position 27°55′07″ N, 82°26′39″ W.
All persons and vessels are 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
lands 20 feet shoreward of the mean
high water mark of Sparkman Channel.
Recreational vessels are prohibited from
entering or remaining in Sparkman
Channel unless authorized by the
Captain of the Port St. Petersburg or a
designated representative. Commercial
vessels are authorized to enter or transit
Sparkman Channel, but will be subject
to compliance with security protocols
established by the Captain of the Port St.
Petersburg, including: (a) Have an
approved NOA submitted in accordance
with 33 CFR part 160 that indicates a
mooring at a facility located within the
security zone or at a facility that
requires transit of the zone; (b)
inspection and examination of all
commercial vessels and persons
requesting authorization to transit the
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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 lands 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 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 lands 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, but will be subject to
compliance with security protocols
established by the Captain of the Port St.
Petersburg, including: (a) Have an
approved NOA submitted in accordance
with 33 CFR part 160 that indicates a
mooring at a facility located within the
security zone or at a facility that
requires transit of the zone; (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
lands 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, but will be subject to
compliance with security protocols
established by the Captain of the Port St.
Petersburg, including: (a) Have an
approved NOA submitted in accordance
with 33 CFR part 160 that indicates a
mooring at a facility located within the
security zone or at a facility that
requires transit of the zone; (b)
inspection and examination of all
commercial vessels and persons
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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 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 rule
has not been designated a significant
regulatory action under section 3(f) of
Executive Order 12866. Accordingly,
the Office of Management and Budget
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has not reviewed this rule under
Executive Order 12866.
The economic impact of this rule is
not significant for the following reasons:
(1) The security zones will be enforced
for a total of 144 hours; (2) the security
zones will be in a location where
commercial vessel traffic is expected to
be minimal; (3) commercial vessel
traffic will be authorized to transit the
security zones to the extent compatible
with public safety and security; (4)
persons and vessels will be able to
operate in the surrounding area adjacent
to the security zones during the
enforcement period; (5) persons and
vessels will 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 rule will 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 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 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 rule will not have a
significant economic impact on a
substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM the Coast Guard offered to
assist small entities in understanding
the rule so that they can better evaluate
its effects on them and participate in the
rulemaking process.
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Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). 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 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 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).
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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.
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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 might
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
Tribes, on the relationship between the
Federal Government and Indian Tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
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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
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 concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This 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.
An environmental analysis checklist
and 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.
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:
■
Authority: 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.
2. Add a temporary § 165.T07–0922 to
read as follows:
■
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.
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§ 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
lands 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
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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
lands 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
lands 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 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
lands 20 feet shoreward of the mean
high water mark of Sparkman Channel.
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, but will be subject to
compliance with security protocols
established by the Captain of the Port St.
Petersburg, including:
(i) Have an approved NOA submitted
in accordance with 33 CFR part 160 that
indicates a mooring at a facility located
within the security zone or at a facility
that requires transit of the zone;
(ii) Inspection and examination of all
commercial vessels and persons
requesting authorization to transit the
regulated area (including positive
identification checks); and
(iii) 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 lands 20 feet
shoreward of the mean high water mark
of the unnamed channel north of Davis
Islands, east of an imaginary line
VerDate Mar<15>2010
14:23 Jul 13, 2012
Jkt 226001
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 lands 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, but will be subject to
compliance with security protocols
established by the Captain of the Port St.
Petersburg, including:
(i) Have an approved NOA submitted
in accordance with 33 CFR part 160 that
indicates a mooring at a facility located
within the security zone or at a facility
that requires transit of the zone;
(ii) Inspection and examination of all
commercial vessels and persons
requesting authorization to transit the
regulated area (including positive
identification checks); and
(iii) Embarkation of law enforcement
personnel during authorized regulated
area transits.
(7) Ybor Turning Basin. All waters of
Ybor Turning Basin, including adjacent
lands 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, but will be subject to
compliance with security protocols
established by the Captain of the Port St.
Petersburg, including:
(i) Have an approved NOA submitted
in accordance with 33 CFR part 160 that
indicates a mooring at a facility located
within the security zone or at a facility
that requires transit of the zone;
(ii) Inspection and examination of all
commercial vessels and persons
requesting authorization to transit the
security zone (including positive
identification checks); and
(iii) 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
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
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: June 28, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the
Port.
[FR Doc. 2012–17086 Filed 7–13–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2011–0633; FRL–9349–4]
RIN 2070–AB27
Significant New Use Rule for Phenol,
2,4- dimethyl-6-(1-methylpentadecyl)Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing a significant
new use rule (SNUR) under the Toxic
Substances Control Act (TSCA) for the
chemical substance identified as
phenol, 2,4-dimethyl-6-(1methylpentadecyl)- (PMN P–94–209;
CAS No. 134701–20–5). This action
requires persons who intend to
SUMMARY:
E:\FR\FM\16JYR1.SGM
16JYR1
Agencies
[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Rules and Regulations]
[Pages 41688-41692]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17086]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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. Entering or remaining in any of the security zones is
prohibited unless authorized by the Captain of the Port St. Petersburg
or a designated representative.
DATES: This rule is effective from 12:01 p.m. on August 25, 2012
through 11:59 a.m. on August 31, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0922 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0922 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the 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, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final 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 the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone (202) 366-
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 3, 2012, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Security Zone: 2012 Republican National
Convention Captain of the Port St. Petersburg Zone, Tampa, FL in the
Federal Register (77 FR 64). We received one comment on the proposed
rule. Public meetings were held on February 1, 2012 and February 29,
2012.
Basis and Purpose
The legal basis for the 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 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 Comments and Changes
The Coast Guard received one comment to the proposed rule from the
Hillsborough County Sheriff's Office. The comment requested to extend
the No Wake/Security Zone south to the R. E. Knight pier. The extension
of the security zone would allow Law Enforcement officials to operate
out of the HCSO Marine Unit boat ramp and would allow more time to
react/respond to potential threats on the surrounding waters. The Coast
Guard assessed the concerns of the Hillsborough County Sheriff's office
and extended the security zone in Seddon Channel south to the Robert E.
Knight pier, at the following location: Point 1 in position
27[deg]55'02'' N, 82[deg]26'46'' W; and Point 2 in position
27[deg]55'07'' N, 82[deg]26'39'' W.
The Coast Guard provided clarification regarding security protocols
for commercial vessels intending to enter or transit three of the
security zones. Such commercial vessels shall have an approved NOA
submitted in accordance with 33 CFR part 160 that indicates a mooring
at a facility located within the security zone or at a facility that
requires transit of the zone.
Discussion of 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 include 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
[[Page 41689]]
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 policy, foreign policy, and the
Republican Party agenda. This politically-oriented event has the
potential to attract anarchists and other persons 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 presence on land may render maritime
approaches a viable alternative. The City of Tampa has 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 security zones and accompanying security measures have been
specifically developed to mitigate the threats and vulnerabilities
identified in the analysis discussed 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 but 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 the exact periods 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 for clarification regarding the proposed 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 rule will 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 lands 20 feet shoreward of the mean high water mark of
Garrison Channel. All persons and vessels are 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 will not be permitted to move
during the enforcement period. Vessels remaining in the security zone
during the enforcement period will be subject to inspection and
examination by Coast Guard and other law enforcement officials. Persons
desiring to access their vessels within the security zone will be
subject to security screenings.
(2) Hillsborough River. All waters of Hillsborough River, including
adjacent lands 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 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 lands 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]55'02'' N, 82[deg]26'46'' W; and Point 2 in
position 27[deg]55'07'' N, 82[deg]26'39'' W. All persons and vessels
are 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 lands 20 feet shoreward of the mean high water mark of
Sparkman Channel. Recreational vessels are prohibited from entering or
remaining in Sparkman Channel unless authorized by the Captain of the
Port St. Petersburg or a designated representative. Commercial vessels
are authorized to enter or transit Sparkman Channel, but will be
subject to compliance with security protocols established by the
Captain of the Port St. Petersburg, including: (a) Have an approved NOA
submitted in accordance with 33 CFR part 160 that indicates a mooring
at a facility located within the security zone or at a facility that
requires transit of the zone; (b) inspection and examination of all
commercial vessels and persons requesting authorization to transit the
[[Page 41690]]
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 lands 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 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
lands 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, but will be subject to compliance with
security protocols established by the Captain of the Port St.
Petersburg, including: (a) Have an approved NOA submitted in accordance
with 33 CFR part 160 that indicates a mooring at a facility located
within the security zone or at a facility that requires transit of the
zone; (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 lands 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, but will be
subject to compliance with security protocols established by the
Captain of the Port St. Petersburg, including: (a) Have an approved NOA
submitted in accordance with 33 CFR part 160 that indicates a mooring
at a facility located within the security zone or at a facility that
requires transit of the zone; (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 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 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 rule under
Executive Order 12866.
The economic impact of this rule is not significant for the
following reasons: (1) The security zones will be enforced for a total
of 144 hours; (2) the security zones will be in a location where
commercial vessel traffic is expected to be minimal; (3) commercial
vessel traffic will be authorized to transit the security zones to the
extent compatible with public safety and security; (4) persons and
vessels will be able to operate in the surrounding area adjacent to the
security zones during the enforcement period; (5) persons and vessels
will 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 rule will 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 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
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 rule will not have a significant
economic impact on a substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM the Coast Guard
offered to assist small entities in understanding the rule so that they
can better evaluate its effects on them and participate in the
rulemaking process.
[[Page 41691]]
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). 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
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
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 might
disproportionately affect children.
Indian Tribal Governments
This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under 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 concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This 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. An environmental analysis
checklist and 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.
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, 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.
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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 lands 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
[[Page 41692]]
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 lands 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 lands 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
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 lands 20 feet shoreward of the mean high water mark of
Sparkman Channel. 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, but will be
subject to compliance with security protocols established by the
Captain of the Port St. Petersburg, including:
(i) Have an approved NOA submitted in accordance with 33 CFR part
160 that indicates a mooring at a facility located within the security
zone or at a facility that requires transit of the zone;
(ii) Inspection and examination of all commercial vessels and
persons requesting authorization to transit the regulated area
(including positive identification checks); and
(iii) 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 lands 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
lands 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, but will be subject to compliance with
security protocols established by the Captain of the Port St.
Petersburg, including:
(i) Have an approved NOA submitted in accordance with 33 CFR part
160 that indicates a mooring at a facility located within the security
zone or at a facility that requires transit of the zone;
(ii) Inspection and examination of all commercial vessels and
persons requesting authorization to transit the regulated area
(including positive identification checks); and
(iii) Embarkation of law enforcement personnel during authorized
regulated area transits.
(7) Ybor Turning Basin. All waters of Ybor Turning Basin, including
adjacent lands 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, but will be
subject to compliance with security protocols established by the
Captain of the Port St. Petersburg, including:
(i) Have an approved NOA submitted in accordance with 33 CFR part
160 that indicates a mooring at a facility located within the security
zone or at a facility that requires transit of the zone;
(ii) Inspection and examination of all commercial vessels and
persons requesting authorization to transit the security zone
(including positive identification checks); and
(iii) 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: June 28, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2012-17086 Filed 7-13-12; 8:45 am]
BILLING CODE 9110-04-P