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