Security Zones; 2012 RNC Bridge Security Zones, Captain of the Port St. Petersburg Zone, Tampa, FL, 50929-50932 [2012-20699]
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Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations
(3) Any vessel or person receiving
authorization to enter the moving
security zone must comply with any
instructions issued by the Captain of the
Port or a designated representative,
including the following:
(i) No vessel may enter within a 100
yard radius of the CDC vessel at any
time;
(ii) Vessels authorized to enter the
security zone must proceed at the
minimum speed necessary to maintain
safe navigation; and
(iii) Vessels authorized to enter the
security zone are subject to boarding
and inspection of the vessel and persons
onboard.
(4) 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. 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.
(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: August 12, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the
Port.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0707]
RIN 1625–AA87
Security Zones; 2012 RNC Bridge
Security Zones, Captain of the Port St.
Petersburg Zone, Tampa, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing fifteen temporary security
zones around certain bridges on the
waters of Pinellas County and Tampa
Bay, Florida, during the 2012
Republican National Convention, from
August 25, 2012, to August 31, 2012.
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,
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SUMMARY:
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This rule is effective from 12:01
p.m. on Saturday, August 25, 2012,
through 1:00 a.m. on Friday, August 31,
2012.
DATES:
Documents mentioned in
this preamble are part of docket USCG–
2012–0707. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. 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.
ADDRESSES:
[FR Doc. 2012–20706 Filed 8–22–12; 8:45 am]
ACTION:
accidents, or other causes of a similar
nature, intended to harm people,
damage property, or disrupt the
proceedings of the 2012 Republican
National Convention. All persons and
vessels are prohibited from loitering,
anchoring, stopping, or mooring on
waters within 50 yards of the designated
bridges during the times that the
security zones will be enforced for each
bridge. Expeditious transiting through
the security zones is authorized.
This rule establishes security zones
around the following bridges: the Gandy
Bridge; Howard Franklin Bridge;
Courtney Campbell Causeway Bridge;
the Clearwater Memorial Causeway (60);
Sand Key Bridge (699); Belleair
Causeway Bridge; Walsingham Rd
Bridge (688); Park Blvd. (co Rd 694);
Welch Causeway (Tom Stuart
Causeway/150th Ave); Seminole Bridge
(Bay Pines Blvd./19/595); Johns Pass
Bridge (Gulf Blvd./699); Treasure Island
Causeway (Central Ave); Corey
Causeway (Pasadena Ave); Blind Pass
Bridge (699); and Pinellas Bayway
Structures A, B, and C.
If
you have questions on this 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-TampaWWM@uscg.mil. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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50929
A. Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard did not receive notice of
the need to establish these security
zones until July 18, 2012. As a result,
the Coast Guard did not have sufficient
time to publish an NPRM and to receive
public comments prior to
implementation of the security zones.
Any delay in the effective date of this
rule would be contrary to the public
interest because immediate action is
needed to minimize potential danger to
the convention delegates, official
parties, dignitaries, the public, and
surrounding waterways.
For the same reason discussed above,
under 5 U.S.C. 553(d)(3) the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register.
B. 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; Public Law
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No.
0170.1.
The purpose of this rule is 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,
intended to harm people, damage
property, or disrupt the proceedings of
the 2012 Republican National
Convention.
C. Discussion of Rule
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
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Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations
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.
Numerous Federal, State, and local
agencies, including the U.S. Secret
Service, Federal Bureau of Investigation,
Customs and Border Protection, U.S.
Coast Guard, and the Joint Terrorism
Task Force, have developed
comprehensive security plans to protect
participants and the public during the
Republican National Convention. As
part of the comprehensive effort, the
maritime security objective is to protect
Convention participants, the maritime
transportation system, and maritime
stakeholders, including recreational
boaters, from threats and security
vulnerabilities. The Coast Guard and
other Federal, State, and local agencies
involved in security for the 2012
Republican National Convention have
conducted threat, vulnerability, and risk
analyses relating to the event.
The 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 others persons intent on expressing
their opposition through violence and
criminal activity. The convention also
may present an attractive target for
terrorist and extremist organizations.
Current analysis indicates that some
activist groups are planning maritime
activities to make their political views
known.
Maritime security vulnerabilities
during the 2012 Republican National
Convention extend beyond the
Convention site and include secondary
venues throughout the Tampa Bay area.
The geography of the Tampa Bay region
makes these fifteen bridges a vital
component of the regional
transportation network. Dignitaries,
delegates, and participants at the
Convention will be required to travel
across these bridges to reach secondary
venue locations. Further, dignitaries,
delegates, and participants in the
Republican National Convention will be
staying at numerous hotels in
Clearwater, St. Petersburg, and other
areas. This will require those persons to
make daily transits across the bridges
spanning Tampa Bay and the InterCoastal Waterway to attend the
Convention and associated events.
These fifteen security zones,
developed in conjunction with
comprehensive security planning and
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actions by other agencies, will assist in
the safe and secure transportation of
dignitaries and delegates to the
Convention. In addition, the security
zones will prevent disruption of these
vital components of the region’s
transportation network that may be
caused by violent protesters and other
groups drawn to this event. In addition,
the security zones will prevent persons
from using the bridges and surrounding
waters to stop or impede maritime
traffic during the event.
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.
This rule will establish temporary
security zones around fifteen bridges in
the Captain of the Port St. Petersburg
area during the 2012 Republican
National Convention in Tampa, Florida.
This rule is effective from 12:01 p.m. on
Saturday, August 25, 2012, through 1:00
a.m. on Friday, August 31, 2012.
All persons and vessels are prohibited
from loitering, anchoring, stopping, or
mooring under or within 50 yards of
either side of the designated bridges.
Expeditious transiting through the
security zones is authorized. The
security zones will be enforced 24-hours
a day for the Gandy Bridge, Howard
Franklin Bridge, and Courtney Campbell
Causeway Bridge.
The remaining security zones will be
established around: The Clearwater
Memorial Causeway (60); Sand Key
Bridge (699); Belleair Causeway Bridge;
Walsingham Rd Bridge (688); Park
Blvd.(co Rd 694); Welch Causeway
(Tom Stuart Causeway/150th Ave);
Seminole Bridge (Bay Pines Blvd./19/
595); Johns Pass Bridge (Gulf Blvd./699);
Treasure Island Causeway (Central Ave);
Corey Causeway (Pasadena Ave); Blind
Pass Bridge (699); and Pinellas Bayway
Structures A, B, and C. These security
zones will be enforced for other bridges
as follows:
Sunday, August 26: 3:00 p.m. to 8:00
p.m.;
Monday, August 27: 11:00 a.m. to 2:00
p.m. and 3:00 p.m. to 7:00 p.m.;
Tuesday, August 28: 3:00 p.m. to 7:00
p.m.;
Wednesday, August 29: 3:00 p.m. to
7:00 p.m.; and
Thursday, August 30: 3:00 p.m. to 7:00
p.m.
A Port Community Information
Bulletin (PCIB) will be distributed by
Coast Guard Sector St. Petersburg. The
PCIB will be available on the Coast
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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 will provide notice of the
security zones by Local Notice to
Mariners, Broadcast Notice to Mariners,
public outreach, and on-scene
designated representatives.
D. 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.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of
Executive Order 12866 or under section
1 of Executive Order 13563. The Office
of Management and Budget has not
reviewed it under that Order.
The economic impact of this rule is
not significant for the following reasons:
(1) The security zone will be effective
for only six days; (2) although persons
and vessels are prohibited from
remaining or anchoring within the
security zones during the effective
dates, normal navigational transits will
be authorized; and (3) vessels may
operate in the area outside the security
zones during the effective period.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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 would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to anchor or remain in
any of the fifteen security zones during
the effective periods described in the
rule. These security zones would not
have a significant economic impact on
a substantial number of small entities
for the reasons discussed in the
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Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations
Regulatory Planning and Review section
above.
3. 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 rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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). 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.
4. 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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5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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
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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
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will 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.
9. 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.
50931
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that 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 involves the
establishment of fifteen temporary
security zones. This rule is categorically
excluded from further review under
paragraph (34)(g) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
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 rule.
List of Subjects in 33 CFR Part 165
10. 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.
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
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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
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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.T07–0707 to
read as follows:
■
§ 165.T07–0707 Security Zones; 2012
Republican National Convention, Captain of
the Port St. Petersburg Zone, Tampa, FL.
(a) Regulated Areas. All waters under
and within 50 yards of either side of the
following bridges are established as
temporary security zones:
(1) The Gandy Bridge,
(2) Howard Franklin Bridge,
(3) Courtney Campbell Causeway
Bridge,
(4) The Clearwater Memorial
Causeway (60),
(5) Sand Key Bridge (699),
(6) Belleair Causeway Bridge,
(7) Walsingham Rd Bridge (688),
(8) Park Blvd.(co Rd 694),
(9) Welch Causeway (Tom Stuart
Causeway/150th Ave),
(10) Seminole Bridge (Bay Pines
Blvd./19/595),
(11) Johns Pass Bridge (Gulf Blvd./
699),
(12) Treasure Island Causeway
(Central Ave),
(13) Corey Causeway (Pasadena Ave),
(14) Blind Pass Bridge (699),
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Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations
(15) Pinellas Bayway Structure A, B,
and C.
(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 are
prohibited from loitering, anchoring,
stopping, or mooring under or within
the regulated areas, unless authorized
by a designated representative.
Expeditious transiting through the
security zones is authorized.
(2) The security zones will be
enforced at all times from 12:01 p.m. on
Saturday, August 25, 2012, through 1:00
a.m. on Friday, August 31, 2012, for the
Gandy Bridge, Howard Franklin Bridge,
and Courtney Campbell Causeway
Bridge.
(3) The security zones will be
enforced for the Clearwater Memorial
Causeway (60); Sand Key Bridge (699);
Belleair Causeway Bridge; Walsingham
Rd Bridge (688); Park Blvd.(co Rd 694);
Welch Causeway (Tom Stuart
Causeway/150th Ave); Seminole Bridge
(Bay Pines Blvd./19/595); Johns Pass
Bridge (Gulf Blvd./699); Treasure Island
Causeway (Central Ave); Corey
Causeway (Pasadena Ave); Blind Pass
Bridge (699); and Pinellas Bayway
Structures A, B, and C; as follows:
(i) Sunday, August 26: 3:00 p.m. to
8:00 p.m.;
(ii) Monday, August 27: 11:00 a.m. to
2:00 p.m. and 3:00 p.m. to 7:00 p.m.;
(iii) Tuesday, August 28: 3:00 p.m. to
7:00 p.m.;
(iv) Wednesday August 29: 3:00 p.m.
to 7:00 p.m.; and
(v) Thursday August 30: 3:00 p.m. to
7:00 p.m.
(4) 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.
(5) 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 Saturday,
August 25, 2012, through 1:00 a.m. on
Friday, August 31, 2012.
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Dated: August 14, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg.
[FR Doc. 2012–20699 Filed 8–22–12; 8:45 am]
BILLING CODE 9110–04–P
POSTAL SERVICE
39 CFR Part 20
Electronic Transmission of Customs
Data—Outbound International LetterPost Items
Postal ServiceTM.
ACTION: Final rule with comment period.
AGENCY:
The Postal Service is revising
the Mailing Standards of the United
States Postal Service, International Mail
Manual (IMM®) to require that customs
data be electronically transmitted for
international letter-post mailpieces
bearing a customs declaration form
when the items are paid with a permit
imprint.
DATES: Effective Date: November 5,
2012. We must receive your comments
on or before September 24, 2012.
ADDRESSES: Mail or deliver written
comments to the manager, Product
Classification, U.S. Postal Service®, 475
L’Enfant Plaza SW., Room 4446,
Washington, DC 20260–5015. You may
inspect and photocopy all written
comments at USPS® Headquarters
Library, 475 L’Enfant Plaza SW., 11th
Floor N., Washington, DC between 9
a.m. and 4 p.m., Monday through
Friday. Email comments, containing the
name and address of the commenter,
may be sent to
MailingStandards@usps.gov, with a
subject line of ‘‘Electronic Transmission
of Customs Data.’’ Faxed comments are
not accepted.
FOR FURTHER INFORMATION CONTACT: Rick
Klutts at 813–877–0372.
SUPPLEMENTARY INFORMATION: In the
final rule published on December 5,
2011 (76 FR 75786–75794), the Postal
Service announced that, effective
January 22, 2012, mailers paying the
retail price would no longer be
permitted to enter Express Mail
International® or Priority Mail
International® items bearing a permit
imprint at a business mail entry unit
(BMEU) since the information contained
on the customs declaration was not
electronically transmitted. That final
rule supported policy changes to require
the electronic transmission of customs
data prior to mailing in a greater range
of circumstances. Electronic
transmission of customs data enables
SUMMARY:
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the Postal Service and other federal
agencies to ensure mailers’ compliance
with federal export requirements.
Effective November 5, 2012, the same
requirements will also apply to the
following classes of mail when the item
bears a PS Form 2976, Customs
Declaration CN 22—Sender’s
Declaration:
D First-Class Mail International®.
D Airmail M-bagsTM.
D International Priority AirmailTM
(IPA®), including IPA M-bags.
D International Surface Air Lift®
(ISAL®), including ISAL M-bags.
With this change, customs data must
be electronically transmitted before a
mailer can enter any mailpiece bearing
a customs declaration at a BMEU. This
update will assist the Postal Service and
other federal agencies to monitor
mailers’ compliance with federal export
regulations that, among other things,
prohibit certain goods from being sent to
persons, entities, or countries
determined to be adverse to U.S.
interests. Data required to be
transmitted includes the sender’s name
and address, the addressee’s name and
address, details about the item’s
contents, and the date of mailing. In
addition, for IPA and ISAL mailings
prepared in direct country sacks, we
will require mailers to generate a
receptacle barcode that includes the
shipment date and permit number. To
comply with these standards, mailers
must electronically transmit customs
data by using USPS-produced Global
Shipping Software (GSS) or other USPSapproved software. To request
information about either of these
software solutions, send an email to
globalbusinesssales@usps.gov.
Finally, with this change, the Postal
Service is reducing the current 5-pound
minimum to 3 pounds for mailers
preparing IPA and ISAL direct country
sacks. This change will make it easier
for mailers to qualify for the lower
direct country sack price—currently,
when there is less than 5 pounds of mail
sent to an individual country, these
sacks can only qualify for the mixed
country sack price, or the worldwide
nonpresort price. In addition, for
mailers who currently commingle items
bearing customs forms with items that
do not have customs forms (in direct
country sacks), this lower limit will
assist mailers in preparing separate
sacks for items bearing a customs form,
effective November 5, 2012.
The Postal Service hereby adopts the
following changes to Mailing Standards
of the United States Postal Service,
International Mail Manual (IMM),
which is incorporated by reference in
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]]>Agencies
[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Rules and Regulations]
[Pages 50929-50932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20699]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0707]
RIN 1625-AA87
Security Zones; 2012 RNC Bridge Security Zones, Captain of the
Port St. Petersburg Zone, Tampa, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing fifteen temporary security
zones around certain bridges on the waters of Pinellas County and Tampa
Bay, Florida, during the 2012 Republican National Convention, from
August 25, 2012, to August 31, 2012. 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,
intended to harm people, damage property, or disrupt the proceedings of
the 2012 Republican National Convention. All persons and vessels are
prohibited from loitering, anchoring, stopping, or mooring on waters
within 50 yards of the designated bridges during the times that the
security zones will be enforced for each bridge. Expeditious transiting
through the security zones is authorized.
This rule establishes security zones around the following bridges:
the Gandy Bridge; Howard Franklin Bridge; Courtney Campbell Causeway
Bridge; the Clearwater Memorial Causeway (60); Sand Key Bridge (699);
Belleair Causeway Bridge; Walsingham Rd Bridge (688); Park Blvd. (co Rd
694); Welch Causeway (Tom Stuart Causeway/150th Ave); Seminole Bridge
(Bay Pines Blvd./19/595); Johns Pass Bridge (Gulf Blvd./699); Treasure
Island Causeway (Central Ave); Corey Causeway (Pasadena Ave); Blind
Pass Bridge (699); and Pinellas Bayway Structures A, B, and C.
DATES: This rule is effective from 12:01 p.m. on Saturday, August 25,
2012, through 1:00 a.m. on Friday, August 31, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0707. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
notice of the need to establish these security zones until July 18,
2012. As a result, the Coast Guard did not have sufficient time to
publish an NPRM and to receive public comments prior to implementation
of the security zones. Any delay in the effective date of this rule
would be contrary to the public interest because immediate action is
needed to minimize potential danger to the convention delegates,
official parties, dignitaries, the public, and surrounding waterways.
For the same reason discussed above, under 5 U.S.C. 553(d)(3) the
Coast Guard finds that good cause exists for making this rule effective
less than 30 days after publication in the Federal Register.
B. 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; Public Law 107-295, 116
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
The purpose of this rule is 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, intended to harm people, damage
property, or disrupt the proceedings of the 2012 Republican National
Convention.
C. Discussion of Rule
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
[[Page 50930]]
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.
Numerous Federal, State, and local agencies, including the U.S.
Secret Service, Federal Bureau of Investigation, Customs and Border
Protection, U.S. Coast Guard, and the Joint Terrorism Task Force, have
developed comprehensive security plans to protect participants and the
public during the Republican National Convention. As part of the
comprehensive effort, the maritime security objective is to protect
Convention participants, the maritime transportation system, and
maritime stakeholders, including recreational boaters, from threats and
security vulnerabilities. The Coast Guard and other Federal, State, and
local agencies involved in security for the 2012 Republican National
Convention have conducted threat, vulnerability, and risk analyses
relating to the event.
The 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 others persons intent on expressing their
opposition through violence and criminal activity. The convention also
may present an attractive target for terrorist and extremist
organizations. Current analysis indicates that some activist groups are
planning maritime activities to make their political views known.
Maritime security vulnerabilities during the 2012 Republican
National Convention extend beyond the Convention site and include
secondary venues throughout the Tampa Bay area. The geography of the
Tampa Bay region makes these fifteen bridges a vital component of the
regional transportation network. Dignitaries, delegates, and
participants at the Convention will be required to travel across these
bridges to reach secondary venue locations. Further, dignitaries,
delegates, and participants in the Republican National Convention will
be staying at numerous hotels in Clearwater, St. Petersburg, and other
areas. This will require those persons to make daily transits across
the bridges spanning Tampa Bay and the Inter-Coastal Waterway to attend
the Convention and associated events.
These fifteen security zones, developed in conjunction with
comprehensive security planning and actions by other agencies, will
assist in the safe and secure transportation of dignitaries and
delegates to the Convention. In addition, the security zones will
prevent disruption of these vital components of the region's
transportation network that may be caused by violent protesters and
other groups drawn to this event. In addition, the security zones will
prevent persons from using the bridges and surrounding waters to stop
or impede maritime traffic during the event.
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.
This rule will establish temporary security zones around fifteen
bridges in the Captain of the Port St. Petersburg area during the 2012
Republican National Convention in Tampa, Florida. This rule is
effective from 12:01 p.m. on Saturday, August 25, 2012, through 1:00
a.m. on Friday, August 31, 2012.
All persons and vessels are prohibited from loitering, anchoring,
stopping, or mooring under or within 50 yards of either side of the
designated bridges. Expeditious transiting through the security zones
is authorized. The security zones will be enforced 24-hours a day for
the Gandy Bridge, Howard Franklin Bridge, and Courtney Campbell
Causeway Bridge.
The remaining security zones will be established around: The
Clearwater Memorial Causeway (60); Sand Key Bridge (699); Belleair
Causeway Bridge; Walsingham Rd Bridge (688); Park Blvd.(co Rd 694);
Welch Causeway (Tom Stuart Causeway/150th Ave); Seminole Bridge (Bay
Pines Blvd./19/595); Johns Pass Bridge (Gulf Blvd./699); Treasure
Island Causeway (Central Ave); Corey Causeway (Pasadena Ave); Blind
Pass Bridge (699); and Pinellas Bayway Structures A, B, and C. These
security zones will be enforced for other bridges as follows:
Sunday, August 26: 3:00 p.m. to 8:00 p.m.;
Monday, August 27: 11:00 a.m. to 2:00 p.m. and 3:00 p.m. to 7:00 p.m.;
Tuesday, August 28: 3:00 p.m. to 7:00 p.m.;
Wednesday, August 29: 3:00 p.m. to 7:00 p.m.; and
Thursday, August 30: 3:00 p.m. to 7:00 p.m.
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 will provide notice of the security zones by
Local Notice to Mariners, Broadcast Notice to Mariners, public
outreach, and on-scene designated representatives.
D. 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.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
Executive Order 12866 or under section 1 of Executive Order 13563. The
Office of Management and Budget has not reviewed it under that Order.
The economic impact of this rule is not significant for the
following reasons: (1) The security zone will be effective for only six
days; (2) although persons and vessels are prohibited from remaining or
anchoring within the security zones during the effective dates, normal
navigational transits will be authorized; and (3) vessels may operate
in the area outside the security zones during the effective period.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
anchor or remain in any of the fifteen security zones during the
effective periods described in the rule. These security zones would not
have a significant economic impact on a substantial number of small
entities for the reasons discussed in the
[[Page 50931]]
Regulatory Planning and Review section above.
3. 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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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). 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.
4. 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).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
8. Taking of Private Property
This rule will 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that 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 involves the establishment of fifteen temporary
security zones. This rule is categorically excluded from further review
under paragraph (34)(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are 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
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 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.
0
2. Add a temporary Sec. 165.T07-0707 to read as follows:
Sec. 165.T07-0707 Security Zones; 2012 Republican National
Convention, Captain of the Port St. Petersburg Zone, Tampa, FL.
(a) Regulated Areas. All waters under and within 50 yards of either
side of the following bridges are established as temporary security
zones:
(1) The Gandy Bridge,
(2) Howard Franklin Bridge,
(3) Courtney Campbell Causeway Bridge,
(4) The Clearwater Memorial Causeway (60),
(5) Sand Key Bridge (699),
(6) Belleair Causeway Bridge,
(7) Walsingham Rd Bridge (688),
(8) Park Blvd.(co Rd 694),
(9) Welch Causeway (Tom Stuart Causeway/150th Ave),
(10) Seminole Bridge (Bay Pines Blvd./19/595),
(11) Johns Pass Bridge (Gulf Blvd./699),
(12) Treasure Island Causeway (Central Ave),
(13) Corey Causeway (Pasadena Ave),
(14) Blind Pass Bridge (699),
[[Page 50932]]
(15) Pinellas Bayway Structure A, B, and C.
(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 are prohibited from loitering,
anchoring, stopping, or mooring under or within the regulated areas,
unless authorized by a designated representative. Expeditious
transiting through the security zones is authorized.
(2) The security zones will be enforced at all times from 12:01
p.m. on Saturday, August 25, 2012, through 1:00 a.m. on Friday, August
31, 2012, for the Gandy Bridge, Howard Franklin Bridge, and Courtney
Campbell Causeway Bridge.
(3) The security zones will be enforced for the Clearwater Memorial
Causeway (60); Sand Key Bridge (699); Belleair Causeway Bridge;
Walsingham Rd Bridge (688); Park Blvd.(co Rd 694); Welch Causeway (Tom
Stuart Causeway/150th Ave); Seminole Bridge (Bay Pines Blvd./19/595);
Johns Pass Bridge (Gulf Blvd./699); Treasure Island Causeway (Central
Ave); Corey Causeway (Pasadena Ave); Blind Pass Bridge (699); and
Pinellas Bayway Structures A, B, and C; as follows:
(i) Sunday, August 26: 3:00 p.m. to 8:00 p.m.;
(ii) Monday, August 27: 11:00 a.m. to 2:00 p.m. and 3:00 p.m. to
7:00 p.m.;
(iii) Tuesday, August 28: 3:00 p.m. to 7:00 p.m.;
(iv) Wednesday August 29: 3:00 p.m. to 7:00 p.m.; and
(v) Thursday August 30: 3:00 p.m. to 7:00 p.m.
(4) 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.
(5) 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
Saturday, August 25, 2012, through 1:00 a.m. on Friday, August 31,
2012.
Dated: August 14, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2012-20699 Filed 8-22-12; 8:45 am]
BILLING CODE 9110-04-P
