Revision of Safety/Security Zone Regulations; 2014 Tampa Bay; Captain of the Port St. Petersburg Zone, FL, 75054-75058 [2014-29582]

Download as PDF 75054 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations establishment of a Regulated Navigation Area. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. Preliminary environmental analysis checklist supporting this determination and 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 and 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. 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 § 165.520 to read as follows: tkelley on DSK3SPTVN1PROD with RULES § 165.520 Regulated Navigation Area; Herbert C. Bonner Bridge, Oregon Inlet, NC. (a) Regulated area. The following area is a Regulated Navigation Area (RNA): All navigable waters of Oregon Inlet, North Carolina within 100 yards under or surrounding any portion of the Herbert C. Bonner Bridge. (b) Definitions. As used in this section: (1) Captain of the Port means the Captain of the Port (COTP) North Carolina. (2) Captain of the Port Representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port North Carolina to act as a designated representative of the COTP. (3) Official patrol vessel means any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessel(s) assigned and authorized by COTP North Carolina. (c) Regulations. (1) The general regulations governing Regulated Navigation Areas found in 33 CFR 165.10, 165.11, and 165.13, including the Regulated Navigation Area described in paragraph (a) of this section and the following regulations, apply. (2) Operation of vessels of certain characteristics in this RNA will be VerDate Sep<11>2014 15:46 Dec 16, 2014 Jkt 235001 prohibited by the Captain of the Port (COTP) or designated representative in order to safeguard people and vessels from the hazards associated with shoaling and the Herbert C. Bonner Bridge from the potential catastrophic structural damage that could occur from a vessel bridge strike. The COTP or designated representative will evaluate local marine environmental conditions prior to issuing restrictions regarding vessel navigation. Factors that will be considered include, but are not limited to: Hydrographic survey data, vessel characteristics such as displacement, tonnage, length and draft, current weather conditions including visibility, wind, sea state, and tidal currents. (3) The Coast Guard will notify the public of restrictions via Local Notice to Mariners, Broadcast Notice to Mariners, and via other methods described in 33 CFR 165.7. Additionally, Coast Guard personnel may be on-scene to advise the public of enforcement of any restrictions on vessel navigation within the RNA. (4) In accordance with the general regulations, entry into, anchoring, or movement within the RNA, during periods of enforcement, is prohibited unless authorized by the Captain of the Port (COTP) or the COTP’s on-scene designated representative. The ‘‘onscene designated representative’’ of the COTP is any Coast Guard commissioned, warrant or petty officer who has been designated by the COTP to act on the COTP’s behalf. The onscene representative may be on a Coast Guard vessel; State agency vessel, or other designated craft; or may be on shore and will communicate with vessels via VHF–FM marine band radio or loudhailer. Members of the Coast Guard Auxiliary may be present to assist COTP representatives with notification of vessel operators regarding the contents of this regulation. (5) Any deviation from paragraph (c)(4) of this section due to extreme circumstances must be authorized by the Coast Guard District Commander, the Captain of the Port (COTP) or the COTP’s designated representative. Vessels granted permission to transit the RNA must do so in accordance with the directions provided by the COTP or COTP representative to that vessel. To request permission to transit the regulated navigation area, the COTP or COTP representative can be contacted at Coast Guard Sector North Carolina, telephone number (910) 343–3880, or on VHF–FM marine band radio channel 13 (165.65MHz) or channel 16 (156.8 MHz). During periods of enforcement, all persons and vessels given permission to enter or transit within the RNA must comply with the instructions of the PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 COTP or designated representative. Upon being hailed by an official patrol vessel by siren, radio, flashing-light, or other means, the operator of a vessel must proceed as directed. (d) Enforcement. The Coast Guard may be assisted in the patrol and enforcement of the Regulated Navigation Area by other Federal, State, and local agencies. The COTP may impose additional requirements within the RNA due to unforeseen changes to shoaling of Oregon Inlet or structural integrity of the Herbert C. Bonner Bridge. (e) Notification. The Coast Guard will rely on the methods described in 33 CFR 165.7 to notify the public of the date, time and duration of any closure of the RNA. Violations of this RNA may be reported to the COTP at (910) 343– 3880 or on VHF–FM channel 16. Dated: November 25, 2014. Stephen P. Metruck, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2014–29589 Filed 12–16–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2013–0040] RIN 1625–AA87 Revision of Safety/Security Zone Regulations; 2014 Tampa Bay; Captain of the Port St. Petersburg Zone, FL Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is consolidating three security zone regulations into one regulation. In addition, the Coast Guard is disestablishing two safety zone regulations and converting those safety zones into security zones for all navigable waterways of Big Bend, Boca Grande, Crystal River, East Bay, Hillsborough Bay, MacDill Air Force Base, Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St. Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL. The purpose of these revisions is to ensure the security of vessels, facilities, and the surrounding areas within these zones. Entry into the area encompassed by these security zones is prohibited without permission of the Captain of the Port St. Petersburg or a designated representative. SUMMARY: E:\FR\FM\17DER1.SGM 17DER1 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations This rule is effective December 17, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2013–0040. To view documents mentioned in this preamble as being available in the docket, go to http:// 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 Hector I. Fuentes, Sector Saint Petersburg Waterways Management Branch, U.S. Coast Guard; telephone (813) 228–2191, email Hector.I.Fuentes@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: DATES: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking tkelley on DSK3SPTVN1PROD with RULES A. Regulatory History and Information On September 15, 2014, the Coast Guard published a notice of proposed rulemaking (NPRM) entitled, ‘‘Revision of Safety/Security Zone Regulations; 2014 Tampa Bay; Captain of the Port St. Petersburg Zone, FL’’ in the Federal Register (79 FR 54937). We received no comments on the proposed rule. No public meeting was requested, and none was held. 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. Due to the inherent dangers involved with the transport of the hazardous cargos included in this rule, it is in the best interest of the public to have a regulation in place and to not delay its effective date. B. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish limited access areas: 33 U.S.C.1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Department of Homeland Security Delegation No. 0170.1. The VerDate Sep<11>2014 15:46 Dec 16, 2014 Jkt 235001 75055 purpose of the regulation is to reorganize and consolidate three existing security zones in 33 CFR 165.760, 33 CFR 165.767 and 33 CFR 165.768 into a single regulation and to combine the safety zones in 33 CFR 165.703 and 33 CFR 165.704 into a single security zone regulation to ensure the security of vessels, facilities, and the surrounding areas and provide safety of life on the navigable waters in the Captain of the Port St. Petersburg Zone. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. C. Comments, Changes and the Final Rule There were no comments related to this regulation during the comment period and there was no request for a public meeting made during the comment period. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 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 above. 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. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders. These regulations were routed through and approved by the Tampa Bay Harbor Safety and Security Committee. 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, Improving Regulation and Regulatory Review, 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 those Orders. This regulation is not a significant regulatory action because this change constitutes merely the merging of and increased size of existing regulations. This rule may have some impact on the public, but these potential impacts will be minimized for the following reasons: There is ample room for vessels to navigate around security zones and there are several locations for recreational and commercial fishing vessels to fish throughout the Tampa Bay region. Also, vessels wishing to enter, transit through, or anchor in the regulated areas may do so with the permission of the Captain of the Port. 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this rule on small entities. The Coast Guard certifies under 5 U.S.C. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 4. Collection of Information This rule will not call for a 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 E:\FR\FM\17DER1.SGM 17DER1 75056 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule would not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 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. of a category of actions that do not individually or cumulatively have a significant effect on the human environment. 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 is 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: 10. Protection of Children From Environmental Health Risks PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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 would 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 would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This rule 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. tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 15:46 Dec 16, 2014 Jkt 235001 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Revise § 165.703 to read as follows: § 165.703 Security Zones; Tampa Bay: Big Bend, Boca Grande, Crystal River, East Bay, Hillsborough Bay, MacDill Air Force Base, Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St. Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL. (a) Regulated areas. The following areas, denoted by coordinates fixed using the North American Datum of 1983 (World Geodetic System 1984) are security zones: (1) Security zones for facilities and structures—(i) Rattlesnake, Tampa, FL. All water, from surface to bottom, in Old Tampa Bay east and south of the waters encompassed within position 27°53.32′ N, 082°32.05′ W; thence to 27°53.38′ N, 082°32.05′ W, including on land portions of Chemical Formulators Chlorine Facility, where the fenced area is bounded by a line connecting the following points: 27°53.21′ N, 082°32.11′ W; thence to 27°53.22′ N, 082°32.23′ W; thence to 27°53.25′ N, 082°32.23′ W; thence to 27°53.25′ N, 082°32.27′ W; thence to 27°53.29′ N, 82°32.25′ W; thence to 27°53.30′ N, 082°32.16′ W; thence to 27°53.21′ N, 082°32.11′ W. (ii) Old Port Tampa, Tampa, FL. All waters, from surface to bottom, in Old Tampa Bay encompassed within the following points: 27°51.62′ N, 082°33.14′ W; thence to 27°51.71′ N, 082°32.5′ W; thence to 27°51.76′ N, ■ PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 082°32.5′ W; thence to 27°51.73′ N, 082°33.16′ W; thence to 27°51.62′ N, 082°33.14′ W, closing off the Old Port Tampa Channel. (iii) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from surface to bottom, in Cut ‘‘A’’ channel beneath the bridge’s main span encompassed within the following points: 27°37.30′ N, 082°39.38′ W; 27°37.13′ N, 082°39.26′ W; and the bridge structure columns, base and dolphins. This zone is specific to the bridge structure and dolphins and does not include waters adjacent to the bridge columns or dolphins outside of the bridge’s main span. Any vessel may transit through this zone but, may not loiter, anchor, or conduct operations, including dredging, dive operation, surveying, or maintenance, unless otherwise directed by the Captain of the Port. Anyone wanting to conduct these operations must submit a request via email to WWMTampa@uscg.mil or contact the Sector Command Center after hours at 727.824.7506. (iv) Manbirtee Key, Port of Manatee, FL. All waters, from surface to bottom, surrounding, surrounding Manbirtee Key, Tampa Bay, FL extending 500 yards from the island’s shoreline, in all directions, not to include the Port Manatee Channel. (v) MacDill Air Force Base, Tampa Bay, FL. All waters encompassed within the following coordinates: 27°51.88′ N, 082°29.31′ W; thence to 27°52.01′ N, 082°28.85′ W; thence to 27°51.48′ N, 082°28.17′ W; thence to 27°51.02′ N, 082°27.76′ W; thence to 27°50.72′ N, 082°27.61′ W; thence to 27°50.33′ N, 082°27.59′ W; thence to 27°49.65′ N, 082°27.73′ W; thence to 27°49.34′ N, 082°27.79′ W; thence to 27°49.10′ N, 082°27.88′ W; thence to 27°48.88′ N, 082°28.10′ W; thence to 27°48.76′ N, 082°28.54′ W; thence to 27°48.87′ N, 082°29.44′ W; thence to 27°49.06′ N, 082°30.39′ W; thence to 27°48.75′ N, 082°31.17′ W; thence to 27°49.16′ N, 082°32.41′ W; thence to 27°49.64′ N, 082°33.04′ W; thence to 27°49.95′ N, 082°32.75′ W; thence to 27°50.09′ N, 082°32.81′ W; thence to 27°50.56′ N, 082°32.75′ W; thence to 27°50.71′ N, 082°32.18′ W. (vi) Piers, seawalls, and facilities, Port of Tampa and Port Sutton, Tampa, FL. All waters, from surface to bottom, extending 50 yards from the shore, seawall, and piers around facilities in Port Sutton within the Port of Tampa encompassed by a line connecting the following points: 27°54.15′ N, 082°26.06′ W; thence to; 27°54.46′ N, 082°25.71′ W; closing off all Port Sutton Channel. (vii) Piers, seawalls, and facilities, Port of Tampa, on the western side of E:\FR\FM\17DER1.SGM 17DER1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations Hooker’s Point, Tampa, FL. All waters, from surface to bottom, extending 50 yards from the shore, seawall, and piers around facilities on Hillsborough Bay northern portion of Cut ‘‘D’’ Channel, Sparkman Channel, Ybor Turning Basin, and Ybor Channel within the Port of Tampa encompassed by a line connecting the following points: 27°54.74′ N, 082°26.47′ W; thence to 27°55.25′ N, 082°26.73′ W; thence to 27°55.60′ N, 082°26.80′ W; thence to 27°56.00′ N, 082°26.75′ W; thence to 27°56.58′ N, 082°26.53′ W; thence to 27°57.29′ N, 082°26.51′ W; thence to 27°57.29′ N, 082°26.61′ W; thence to 27°56.65′ N, 082°26.63′ W; thence to 27°56.58′ N, 082°26.69′ W; thence to 27°56.53′ N, 082°26.90′ W. (viii) St. Petersburg Harbor, FL. All waters, from surface to bottom, extending 50 yards from the seawall and around all moorings and vessels in St. Petersburg Harbor (Bayboro Harbor), commencing on the north side of the channel at day beacon ‘‘10’’ (LLNR 24995) in approximate position 27°45.56′ N, 082°37.55′ W, and westward along the seawall to the end of the cruise terminal in approximate position 27°45.72′ N, 082°37.97′ W. The zone will also include the Coast Guard south moorings in St. Petersburg Harbor. The zone will extend 50 yards around the piers commencing from approximate position 27°45.51′ N, 082°37.99′ W; to 27°45.52′ N, 082°37.57′ W. The southern boundary of the zone is shoreward of a line between the entrance to Salt Creek easterly towards day beacon ‘‘11’’ (LLNR 24990). (ix) Crystal River Nuclear Power Plant. All waters, from surface to bottom, around the FL, Power Crystal River Nuclear Power Plant located at the end of the Florida Power Corporation Channel, Crystal River, Florida, encompassed by a line connecting the following points: 28°56.87′ N, 082°45.17′ W; thence to 28°57.37′ N, 082°41.92′ W; thence to 28°56.79′ N, 082°45.13′ W; thence to 28°57.32′ N, 082°41.92′ W. (x) Crystal River Demory Gap Channel. All waters, from surface to bottom, in the Demory Gap Channel in Crystal River, Florida, encompassed by the following points: 28°57.61′ N, 082°43.42′ W thence to; 28°57.55′ N, 082°41.88′ W thence to; 28°57.58′ N, 082°43.42′ W thence to; 28°57.51′ N, 082°41.88′ W. (xi) Big Bend Power Plant, FL. All waters of Tampa Bay, from surface to bottom, adjacent to the Big Bend Power Facility, and within an area bounded by the following points: 27°48.08′ N, 082°24.88′ W; thence to 27°48.15′ N, 082°24.96′ W; thence to; 27°48.10′ N, VerDate Sep<11>2014 15:46 Dec 16, 2014 Jkt 235001 082°25.00′ W; thence to 27°47.85′ N, 082°25.03′ W; thence to 27°47.58′ N, 082°24.89′ W; thence to 27°47.58′ N, 082°24.06′ W; thence to; 27°47.62′ N, 082°24.04′ W; thence to 27°47.63′ N, 082°24.71′ W; thence to 27°48.03′ N, 082°24.70′ W; thence to 27°48.08′ N, 082°24.88′ W, closing off entrance to Big Bend Power Facility and the attached cooling canal. (xii) Weedon Island Power Plant, FL. All waters of Tampa Bay, from surface to bottom, extending 50 yards from the shore, seawall and piers around the Power Facility at Weedon Island encompassed by the following points: 27°51.52′ N, 082°35.82′ W; thence along the shore to; 27°51.54′ N, 082°35.78′ W; thence to 27°51.89′ N, 082°35.82′ W; thence to 27°51.89′ N, 082°36.14′ W, closing off the entrance to both canals. (2) Vessel specific security zones—(i) Moving security zones for Cruise Ships and vessels carrying Especially Hazardous Cargos. The following security zones and procedures are established for all waters, from surface to bottom, within a 500-yard radius, as outlined below: (A) For inbound vessels commencing at Egmont Channel Lighted Buoys ‘‘9’’ (LLNR 22270) and ‘‘10’’ (LLNR 22275) through to berth. (B) For shifting vessels from their departure berth to destination berth. (C) For outbound vessels commencing at berth through to Egmont Channel Lighted Buoys ‘‘9’’ (LLNR 22270) and ‘‘10’’ (LLNR 22275). (D) All subject vessels operating in the Captain of the Port St. Petersburg Zone shall follow the reporting requirements in 33 CFR part 160, subpart C. (E) Any vessel desiring to enter or transit the security zone shall obtain permission from the Captain of the Port St. Petersburg or a designated representative. If permission is granted, all persons and vessels must comply with any given instructions. (ii) Fixed security zones for moored cruise ships and moored vessels carrying especially hazardous cargos. A security zone is established for all waters, from surface to bottom, within a 200-yard radius around moored cruise ships and moored vessels carrying especially hazardous cargos, as outlined below: (A) All subject vessels operating in the Captain of the Port St. Petersburg Zone shall follow reporting requirements in 33 CFR part 160, subpart C. (B) Any vessel desiring to enter or transit the security zone shall obtain permission from the Captain of the Port St. Petersburg or a designated representative. If permission is granted, PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 75057 all persons and vessels must comply with any given instructions. (C) No vessel may loiter, anchor, or conduct maintenance operations within the security zone, unless otherwise directed by the Captain of the Port St. Petersburg or a designated representative. This includes, but is not limited to dredging operations, dive operations, and surveying. Anyone wanting to conduct these operations must submit a request via email to WWMTampa@uscg.mil or contact the Sector Command Center after hours at 727.824.7506. (b) Definitions. As used in this section: Ammonium nitrate means ammonium nitrate and ammonium nitrate based fertilizers listed as Division 5.1 (oxidizing) materials as defined in 33 CFR 172.101 except when carried as CDC residue. Captain of the Port (COTP) for the purpose of this section means the Commanding Officer of Coast Guard Sector St. Petersburg. Captain of the Port St. Petersburg Zone as defined in 33 CFR 3.35–35. Commercial vessels means any tank, bulk, container, cargo, cruise ships, pilot vessels, or tugs. This definition excludes fishing vessels, salvage vessels, dead ship tow operations. Cruise Ship means the same as defined 33 CFR 101.105. Designated representative means Coast Guard Patrol Commanders including Coast Guard coxswains, petty officers and other officers operating Coast Guard vessels, and federal, state, and local officers designated by or assisting the COTP, in the enforcement of regulated navigation areas, safety zones, and security zones. Certain dangerous cargo includes Division 1.5D blasting agents for which a permit is required under 49 CFR 176.415 or, for which a permit is required as a condition of Research and Special Programs Administration exemption. This includes ammonium nitrate fuel oil mixture. Especially hazardous cargo means anhydrous ammonia, ammonium nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and any other substance, material, or group or class in a particular amount and form that the Secretary determines by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce. (c) Regulations. (1) Entry into or remaining on or within the zones described in paragraph (a) of this section is prohibited unless authorized E:\FR\FM\17DER1.SGM 17DER1 75058 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations by the Captain of the Port St. Petersburg or a designated representative. (2) Any changes to the requirements for these regulated areas will be given by Broadcast Notice to Mariners on VHF–FM Channel 22A. Note to § 165.703(c)(2): A graphical representation of all fixed security zones will be made available through nautical charts via the Coast Pilot. (3) The Captain of Port St. Petersburg has provisions for escorting especially hazardous cargos as described in the above sections of this subchapter, but reserves the right to establish additional provisions for any potentially hazardous cargos. (4) Enforcement. Under 33 CFR 165.33, no person may authorize the operation of a vessel in the security zones contrary to the provisions of this section. (d) The Captain of the Port St. Petersburg may waive any of the requirements of this subpart for any vessel, facility, or structure upon finding that the vessel or class of vessel, operational conditions, or other circumstances are such that application of this subpart is unnecessary or impractical for purposes of port safety and security or environmental safety. §§ 165.704, 165.760, 165.767, and 165.768 [Removed and Reserved] 3. Remove and reserve §§ 165.704, 165.760, 165.767, and 165.768. ■ Dated: November 20, 2014. G. D. Case, Captain, U.S. Coast Guard, Captain of the Port St. Petersburg. [FR Doc. 2014–29582 Filed 12–16–14; 8:45 am] BILLING CODE 9110–04–P POSTAL SERVICE 39 CFR Part 111 New Standards To Enhance Business Reply Mail (BRM) Visibility Postal Service.TM Final rule. AGENCY: tkelley on DSK3SPTVN1PROD with RULES ACTION: SUMMARY: The Postal ServiceTM will revise Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) to require the use of an Intelligent Mail® package barcode (IMpb) on Business Reply Mail® (BRM) labels intended for use on cartons, parcel-shaped items, or Priority Mail® items of any shape. DATES: Effective date: April 30, 2015. FOR FURTHER INFORMATION CONTACT: Juliaann Hess at 202–268–7663, John F. Rosato at 202–268–8597, or Suzanne Newman at 202–695–0550. VerDate Sep<11>2014 15:46 Dec 16, 2014 Jkt 235001 SUPPLEMENTARY INFORMATION: I. Proposed Rule The Postal Service published a proposed rule (79 FR 4871) on August 18, 2014, with a comment period ending September 17, 2014, to enhance its operational capability to scan IMpbs and to provide tracking information to mailers by requiring a unique IMpb on cartons, parcel-shaped items, or Priority Mail pieces of any shape, returned using BRM service. Full implementation of the Postal Service’s package visibility strategy relies on the availability of piece-level information provided through the widespread use of IMpb. Mailing standards recently added to the DMM now require the use of IMpb on all commercial parcels (except parcels paid for using BRM service). Therefore, this change will align the IMpb standards for BRM parcels with that of all other commercial parcels, Merchandise Return Service (MRS) including USPS Returns, and Parcel Return Service. Background: On December 18, 2013, the Postal Service published a final rule in the Federal Register (78 FR 76548) announcing that an IMpb, unique to each mailpiece, would be required on all commercial parcels, effective January 26, 2014. At that time the Postal Service also announced that it would be eliminating the option for any mailpiece meeting the physical characteristics of a parcel (under DMM 201), or Priority Mail pieces of any shape, to pay for postage using Business Reply Mail® (BRM). In response to mailer feedback, on June 5, 2014, the Postal Service published a Federal Register document (79 FR 32490) indefinitely deferring the elimination of the option to use BRM to pay postage for cartons, parcel-shaped items, or Priority Mail pieces of any shape. At that time the Postal Service also indicated that it expected to issue proposed rules requiring the use of an IMpb on certain BRM cartons and labels. In accordance with its previously expressed intent, the Postal Service published the proposed rule, on August 18, 2014, for requiring the use of an IMpb on BRM cartons, parcels, and Priority Mail items of any shape. General IMpb Requirements: Technical and general specifications for IMpb use are provided in Publication 199, Intelligent Mail Package Barcode (IMpb) Implementation Guide for: Confirmation Services and Electronic Verification System (eVS) Mailers, and DMM 708.5.1. BRM: In order to ensure that parcelshaped items returned using BRM PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 service comply with the same standards as all other commercial parcels including returns, the Postal Service will require a unique IMpb on: a. All BRM cartons. b. All BRM labels distributed with the intent of being placed on an item meeting the physical characteristics of a parcel in DMM 201. c. All BRM labels distributed with the intent of being placed on Priority Mail items of any shape. For the purposes of this requirement, a BRM carton is defined as a parcelshaped mailpiece with a BRM label either printed directly on the mailpiece or affixed by the end user prior to mailing. BRM permit holders would not be required to submit shipping manifests to support these mailpieces. BRM labels would be required to use a unique Mailer ID (MID) for parcelshaped BRM pieces and a concatenated IMpb construct that includes the ZIP+4® routing code. The barcodes must be unique for 180 days. BRM cartons and parcels will use the same IMpb service type codes used for Merchandise Return Service (MRS), for Priority Mail, or for First-Class Mail®, based on the product used. The Postal Service provides an exception process—for mailers of small BRM cartons and parcels lacking sufficient label space to apply an IMpb barcode meeting the 3⁄4-inch height requirement—to submit barcodes of at least 1⁄2-inch in height for USPS® testing and approval. This exception process will be administered by the National Customer Service Center (NCSC), as part of the routine package barcode approval process. At this time, no other changes are being made to BRM standards under DMM 505.1 as applicable to all other mail shapes. Noncompliant Mailpieces: Once this final rule becomes effective, the Postal Service will assess a per-piece IMpb non-compliance fee on all BRM parcels not bearing an IMpb and returned using Priority Mail service. The proposed effective date for the per-piece IMpb non-compliance fee on First-Class Mail parcels being returned using BRM would be predicated on the Postal Service filing a notice with, and receiving approval from, the Postal Regulatory Commission. Thus, the noncompliance fee would start immediately with Priority Mail pieces only. II. Comments and Responses The Postal Service received one comment to the proposed rule of August, 18, 2014, from a Postal Service employee. The employee commented on the barcoding resources available for small to mid-size mailers and the use of Label 400 with BRM parcels. The Postal E:\FR\FM\17DER1.SGM 17DER1

Agencies

[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Rules and Regulations]
[Pages 75054-75058]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29582]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0040]
RIN 1625-AA87


Revision of Safety/Security Zone Regulations; 2014 Tampa Bay; 
Captain of the Port St. Petersburg Zone, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is consolidating three security zone 
regulations into one regulation. In addition, the Coast Guard is 
disestablishing two safety zone regulations and converting those safety 
zones into security zones for all navigable waterways of Big Bend, Boca 
Grande, Crystal River, East Bay, Hillsborough Bay, MacDill Air Force 
Base, Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St. 
Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL. The 
purpose of these revisions is to ensure the security of vessels, 
facilities, and the surrounding areas within these zones. Entry into 
the area encompassed by these security zones is prohibited without 
permission of the Captain of the Port St. Petersburg or a designated 
representative.

[[Page 75055]]


DATES: This rule is effective December 17, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0040. To view documents mentioned in this preamble as being 
available in the docket, go to http://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 Hector I. Fuentes, 
Sector Saint Petersburg Waterways Management Branch, U.S. Coast Guard; 
telephone (813) 228-2191, email Hector.I.Fuentes@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, 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 History and Information

    On September 15, 2014, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled, ``Revision of Safety/Security Zone 
Regulations; 2014 Tampa Bay; Captain of the Port St. Petersburg Zone, 
FL'' in the Federal Register (79 FR 54937). We received no comments on 
the proposed rule. No public meeting was requested, and none was held.
    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. Due to the inherent dangers 
involved with the transport of the hazardous cargos included in this 
rule, it is in the best interest of the public to have a regulation in 
place and to not delay its effective date.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish limited access areas: 33 U.S.C.1231; 46 U.S.C. Chapter 701, 
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; 
Department of Homeland Security Delegation No. 0170.1. The purpose of 
the regulation is to reorganize and consolidate three existing security 
zones in 33 CFR 165.760, 33 CFR 165.767 and 33 CFR 165.768 into a 
single regulation and to combine the safety zones in 33 CFR 165.703 and 
33 CFR 165.704 into a single security zone regulation to ensure the 
security of vessels, facilities, and the surrounding areas and provide 
safety of life on the navigable waters in the Captain of the Port St. 
Petersburg Zone.

C. Comments, Changes and the Final Rule

    There were no comments related to this regulation during the 
comment period and there was no request for a public meeting made 
during the comment period.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or executive orders. These 
regulations were routed through and approved by the Tampa Bay Harbor 
Safety and Security Committee.

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, Improving Regulation and 
Regulatory Review, 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 those Orders.
    This regulation is not a significant regulatory action because this 
change constitutes merely the merging of and increased size of existing 
regulations. This rule may have some impact on the public, but these 
potential impacts will be minimized for the following reasons: There is 
ample room for vessels to navigate around security zones and there are 
several locations for recreational and commercial fishing vessels to 
fish throughout the Tampa Bay region.
    Also, vessels wishing to enter, transit through, or anchor in the 
regulated areas may do so with the permission of the Captain of the 
Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 above. 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 will not call for a 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

[[Page 75056]]

aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule would not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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 From Environmental Health Risks

    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 would 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 would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This rule 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 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 is 
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. 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. Revise Sec.  165.703 to read as follows:
    Sec.  165.703 Security Zones; Tampa Bay: Big Bend, Boca Grande, 
Crystal River, East Bay, Hillsborough Bay, MacDill Air Force Base, 
Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St. 
Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL.
    (a) Regulated areas. The following areas, denoted by coordinates 
fixed using the North American Datum of 1983 (World Geodetic System 
1984) are security zones:
    (1) Security zones for facilities and structures--(i) Rattlesnake, 
Tampa, FL. All water, from surface to bottom, in Old Tampa Bay east and 
south of the waters encompassed within position 27[deg]53.32' N, 
082[deg]32.05' W; thence to 27[deg]53.38' N, 082[deg]32.05' W, 
including on land portions of Chemical Formulators Chlorine Facility, 
where the fenced area is bounded by a line connecting the following 
points: 27[deg]53.21' N, 082[deg]32.11' W; thence to 27[deg]53.22' N, 
082[deg]32.23' W; thence to 27[deg]53.25' N, 082[deg]32.23' W; thence 
to 27[deg]53.25' N, 082[deg]32.27' W; thence to 27[deg]53.29' N, 
82[deg]32.25' W; thence to 27[deg]53.30' N, 082[deg]32.16' W; thence to 
27[deg]53.21' N, 082[deg]32.11' W.
    (ii) Old Port Tampa, Tampa, FL. All waters, from surface to bottom, 
in Old Tampa Bay encompassed within the following points: 27[deg]51.62' 
N, 082[deg]33.14' W; thence to 27[deg]51.71' N, 082[deg]32.5' W; thence 
to 27[deg]51.76' N, 082[deg]32.5' W; thence to 27[deg]51.73' N, 
082[deg]33.16' W; thence to 27[deg]51.62' N, 082[deg]33.14' W, closing 
off the Old Port Tampa Channel.
    (iii) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from 
surface to bottom, in Cut ``A'' channel beneath the bridge's main span 
encompassed within the following points: 27[deg]37.30' N, 
082[deg]39.38' W; 27[deg]37.13' N, 082[deg]39.26' W; and the bridge 
structure columns, base and dolphins. This zone is specific to the 
bridge structure and dolphins and does not include waters adjacent to 
the bridge columns or dolphins outside of the bridge's main span. Any 
vessel may transit through this zone but, may not loiter, anchor, or 
conduct operations, including dredging, dive operation, surveying, or 
maintenance, unless otherwise directed by the Captain of the Port. 
Anyone wanting to conduct these operations must submit a request via 
email to WWMTampa@uscg.mil or contact the Sector Command Center after 
hours at 727.824.7506.
    (iv) Manbirtee Key, Port of Manatee, FL. All waters, from surface 
to bottom, surrounding, surrounding Manbirtee Key, Tampa Bay, FL 
extending 500 yards from the island's shoreline, in all directions, not 
to include the Port Manatee Channel.
    (v) MacDill Air Force Base, Tampa Bay, FL. All waters encompassed 
within the following coordinates: 27[deg]51.88' N, 082[deg]29.31' W; 
thence to 27[deg]52.01' N, 082[deg]28.85' W; thence to 27[deg]51.48' N, 
082[deg]28.17' W; thence to 27[deg]51.02' N, 082[deg]27.76' W; thence 
to 27[deg]50.72' N, 082[deg]27.61' W; thence to 27[deg]50.33' N, 
082[deg]27.59' W; thence to 27[deg]49.65' N, 082[deg]27.73' W; thence 
to 27[deg]49.34' N, 082[deg]27.79' W; thence to 27[deg]49.10' N, 
082[deg]27.88' W; thence to 27[deg]48.88' N, 082[deg]28.10' W; thence 
to 27[deg]48.76' N, 082[deg]28.54' W; thence to 27[deg]48.87' N, 
082[deg]29.44' W; thence to 27[deg]49.06' N, 082[deg]30.39' W; thence 
to 27[deg]48.75' N, 082[deg]31.17' W; thence to 27[deg]49.16' N, 
082[deg]32.41' W; thence to 27[deg]49.64' N, 082[deg]33.04' W; thence 
to 27[deg]49.95' N, 082[deg]32.75' W; thence to 27[deg]50.09' N, 
082[deg]32.81' W; thence to 27[deg]50.56' N, 082[deg]32.75' W; thence 
to 27[deg]50.71' N, 082[deg]32.18' W.
    (vi) Piers, seawalls, and facilities, Port of Tampa and Port 
Sutton, Tampa, FL. All waters, from surface to bottom, extending 50 
yards from the shore, seawall, and piers around facilities in Port 
Sutton within the Port of Tampa encompassed by a line connecting the 
following points: 27[deg]54.15' N, 082[deg]26.06' W; thence to; 
27[deg]54.46' N, 082[deg]25.71' W; closing off all Port Sutton Channel.
    (vii) Piers, seawalls, and facilities, Port of Tampa, on the 
western side of

[[Page 75057]]

Hooker's Point, Tampa, FL. All waters, from surface to bottom, 
extending 50 yards from the shore, seawall, and piers around facilities 
on Hillsborough Bay northern portion of Cut ``D'' Channel, Sparkman 
Channel, Ybor Turning Basin, and Ybor Channel within the Port of Tampa 
encompassed by a line connecting the following points: 27[deg]54.74' N, 
082[deg]26.47' W; thence to 27[deg]55.25' N, 082[deg]26.73' W; thence 
to 27[deg]55.60' N, 082[deg]26.80' W; thence to 27[deg]56.00' N, 
082[deg]26.75' W; thence to 27[deg]56.58' N, 082[deg]26.53' W; thence 
to 27[deg]57.29' N, 082[deg]26.51' W; thence to 27[deg]57.29' N, 
082[deg]26.61' W; thence to 27[deg]56.65' N, 082[deg]26.63' W; thence 
to 27[deg]56.58' N, 082[deg]26.69' W; thence to 27[deg]56.53' N, 
082[deg]26.90' W.
    (viii) St. Petersburg Harbor, FL. All waters, from surface to 
bottom, extending 50 yards from the seawall and around all moorings and 
vessels in St. Petersburg Harbor (Bayboro Harbor), commencing on the 
north side of the channel at day beacon ``10'' (LLNR 24995) in 
approximate position 27[deg]45.56' N, 082[deg]37.55' W, and westward 
along the seawall to the end of the cruise terminal in approximate 
position 27[deg]45.72' N, 082[deg]37.97' W. The zone will also include 
the Coast Guard south moorings in St. Petersburg Harbor. The zone will 
extend 50 yards around the piers commencing from approximate position 
27[deg]45.51' N, 082[deg]37.99' W; to 27[deg]45.52' N, 082[deg]37.57' 
W. The southern boundary of the zone is shoreward of a line between the 
entrance to Salt Creek easterly towards day beacon ``11'' (LLNR 24990).
    (ix) Crystal River Nuclear Power Plant. All waters, from surface to 
bottom, around the FL, Power Crystal River Nuclear Power Plant located 
at the end of the Florida Power Corporation Channel, Crystal River, 
Florida, encompassed by a line connecting the following points: 
28[deg]56.87' N, 082[deg]45.17' W; thence to 28[deg]57.37' N, 
082[deg]41.92' W; thence to 28[deg]56.79' N, 082[deg]45.13' W; thence 
to 28[deg]57.32' N, 082[deg]41.92' W.
    (x) Crystal River Demory Gap Channel. All waters, from surface to 
bottom, in the Demory Gap Channel in Crystal River, Florida, 
encompassed by the following points: 28[deg]57.61' N, 082[deg]43.42' W 
thence to; 28[deg]57.55' N, 082[deg]41.88' W thence to; 28[deg]57.58' 
N, 082[deg]43.42' W thence to; 28[deg]57.51' N, 082[deg]41.88' W.
    (xi) Big Bend Power Plant, FL. All waters of Tampa Bay, from 
surface to bottom, adjacent to the Big Bend Power Facility, and within 
an area bounded by the following points: 27[deg]48.08' N, 
082[deg]24.88' W; thence to 27[deg]48.15' N, 082[deg]24.96' W; thence 
to; 27[deg]48.10' N, 082[deg]25.00' W; thence to 27[deg]47.85' N, 
082[deg]25.03' W; thence to 27[deg]47.58' N, 082[deg]24.89' W; thence 
to 27[deg]47.58' N, 082[deg]24.06' W; thence to; 27[deg]47.62' N, 
082[deg]24.04' W; thence to 27[deg]47.63' N, 082[deg]24.71' W; thence 
to 27[deg]48.03' N, 082[deg]24.70' W; thence to 27[deg]48.08' N, 
082[deg]24.88' W, closing off entrance to Big Bend Power Facility and 
the attached cooling canal.
    (xii) Weedon Island Power Plant, FL. All waters of Tampa Bay, from 
surface to bottom, extending 50 yards from the shore, seawall and piers 
around the Power Facility at Weedon Island encompassed by the following 
points: 27[deg]51.52' N, 082[deg]35.82' W; thence along the shore to; 
27[deg]51.54' N, 082[deg]35.78' W; thence to 27[deg]51.89' N, 
082[deg]35.82' W; thence to 27[deg]51.89' N, 082[deg]36.14' W, closing 
off the entrance to both canals.
    (2) Vessel specific security zones--(i) Moving security zones for 
Cruise Ships and vessels carrying Especially Hazardous Cargos. The 
following security zones and procedures are established for all waters, 
from surface to bottom, within a 500-yard radius, as outlined below:
    (A) For inbound vessels commencing at Egmont Channel Lighted Buoys 
``9'' (LLNR 22270) and ``10'' (LLNR 22275) through to berth.
    (B) For shifting vessels from their departure berth to destination 
berth.
    (C) For outbound vessels commencing at berth through to Egmont 
Channel Lighted Buoys ``9'' (LLNR 22270) and ``10'' (LLNR 22275).
    (D) All subject vessels operating in the Captain of the Port St. 
Petersburg Zone shall follow the reporting requirements in 33 CFR part 
160, subpart C.
    (E) Any vessel desiring to enter or transit the security zone shall 
obtain permission from the Captain of the Port St. Petersburg or a 
designated representative. If permission is granted, all persons and 
vessels must comply with any given instructions.
    (ii) Fixed security zones for moored cruise ships and moored 
vessels carrying especially hazardous cargos. A security zone is 
established for all waters, from surface to bottom, within a 200-yard 
radius around moored cruise ships and moored vessels carrying 
especially hazardous cargos, as outlined below:
    (A) All subject vessels operating in the Captain of the Port St. 
Petersburg Zone shall follow reporting requirements in 33 CFR part 160, 
subpart C.
    (B) Any vessel desiring to enter or transit the security zone shall 
obtain permission from the Captain of the Port St. Petersburg or a 
designated representative. If permission is granted, all persons and 
vessels must comply with any given instructions.
    (C) No vessel may loiter, anchor, or conduct maintenance operations 
within the security zone, unless otherwise directed by the Captain of 
the Port St. Petersburg or a designated representative. This includes, 
but is not limited to dredging operations, dive operations, and 
surveying. Anyone wanting to conduct these operations must submit a 
request via email to WWMTampa@uscg.mil or contact the Sector Command 
Center after hours at 727.824.7506.
    (b) Definitions. As used in this section:
    Ammonium nitrate means ammonium nitrate and ammonium nitrate based 
fertilizers listed as Division 5.1 (oxidizing) materials as defined in 
33 CFR 172.101 except when carried as CDC residue.
    Captain of the Port (COTP) for the purpose of this section means 
the Commanding Officer of Coast Guard Sector St. Petersburg.
    Captain of the Port St. Petersburg Zone as defined in 33 CFR 3.35-
35.
    Commercial vessels means any tank, bulk, container, cargo, cruise 
ships, pilot vessels, or tugs. This definition excludes fishing 
vessels, salvage vessels, dead ship tow operations.
    Cruise Ship means the same as defined 33 CFR 101.105.
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the COTP, in the enforcement of regulated 
navigation areas, safety zones, and security zones.
    Certain dangerous cargo includes Division 1.5D blasting agents for 
which a permit is required under 49 CFR 176.415 or, for which a permit 
is required as a condition of Research and Special Programs 
Administration exemption. This includes ammonium nitrate fuel oil 
mixture.
    Especially hazardous cargo means anhydrous ammonia, ammonium 
nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and 
any other substance, material, or group or class in a particular amount 
and form that the Secretary determines by regulation poses a 
significant risk of creating a transportation security incident while 
being transported in maritime commerce.
    (c) Regulations. (1) Entry into or remaining on or within the zones 
described in paragraph (a) of this section is prohibited unless 
authorized

[[Page 75058]]

by the Captain of the Port St. Petersburg or a designated 
representative.
    (2) Any changes to the requirements for these regulated areas will 
be given by Broadcast Notice to Mariners on VHF-FM Channel 22A.

    Note to Sec.  165.703(c)(2): A graphical representation of all 
fixed security zones will be made available through nautical charts 
via the Coast Pilot.

    (3) The Captain of Port St. Petersburg has provisions for escorting 
especially hazardous cargos as described in the above sections of this 
subchapter, but reserves the right to establish additional provisions 
for any potentially hazardous cargos.
    (4) Enforcement. Under 33 CFR 165.33, no person may authorize the 
operation of a vessel in the security zones contrary to the provisions 
of this section.
    (d) The Captain of the Port St. Petersburg may waive any of the 
requirements of this subpart for any vessel, facility, or structure 
upon finding that the vessel or class of vessel, operational 
conditions, or other circumstances are such that application of this 
subpart is unnecessary or impractical for purposes of port safety and 
security or environmental safety.


Sec. Sec.  165.704, 165.760, 165.767, and 165.768  [Removed and 
Reserved]

0
3. Remove and reserve Sec. Sec.  165.704, 165.760, 165.767, and 
165.768.

    Dated: November 20, 2014.
G. D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2014-29582 Filed 12-16-14; 8:45 am]
BILLING CODE 9110-04-P