[Federal Register: August 12, 2003 (Volume 68, Number 155)]
[Rules and Regulations]
[Page 47854-47856]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au03-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Tampa-03-079]
RIN 1625-AA00
Security Zones; Tampa Bay, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary security zones in
Tampa Bay, at Big Bend, and Weedon Island, Florida. These zones are
needed to ensure public safety and security in the greater Tampa Bay
area. Entry into these zones is prohibited unless authorized by the
Captain of the Port, or their designated representative.
DATES: This rule is effective from July 23, 2003, through August 31,
2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP Tampa-03-079] and are available for
inspection or copying at Marine Safety Office Tampa, 155 Columbia
Drive, Tampa, Florida 33606-3598 between 7:30 a.m. and 3 p.m. Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Heath Hartley, Coast Guard Marine
Safety Office Tampa, at (813) 228-2189 extension 123.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM and
delaying the effective date of this rule would be contrary to the
public interest since immediate action is needed to continue to protect
the public, ports and waterways of the United States. The Coast Guard
will issue a broadcast notice to mariners and place Coast Guard vessels
in the vicinity of these zones to advise mariners of the restriction.
We did issue an NPRM on April 18, 2003, concerning security zones in
the vicinity of Big Bend and Weedon Island (68 FR 19166) and anticipate
the final rule will become effective on September 1, 2003.
For the same reasons, 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. The Coast Guard will
issue a broadcast notice to mariners to advise mariners of the
restriction. The Coast Guard published a NPRM proposing a permanent
rule for security zones in these same locations and requesting public
comment. The comment period for the proposed permanent rule ended on
June 17, 2003.
Background and Purpose
The terrorist attacks of September 11, 2001, killed thousands of
people and heightened the need for development of various security
measures throughout the seaports of the United States, particularly
those vessels and facilities which are frequented by foreign nationals
and are of interest to national security. Following these attacks by
well-trained and clandestine terrorists, national security and
intelligence officials have warned that future terrorists attacks are
likely. The Captain of the Port of Tampa has determined that these
security zones are necessary to protect the public, ports, and
waterways of the United States from potential subversive acts.
These security zones are similar to the existing temporary security
zones established for power facilities that will soon expire. A
temporary final rule was published on March 23, 2003 (68 FR 14328),
creating a temporary security zone around the Weedon Island and Big
Bend Power Facilities. These zones expired at approximately 11:59 p.m.
on June 30, 2003.
Discussion of Rule
This temporary rule establishes security zones in areas covered by
a past temporary rule to ensure consistent security of facilities, and
infrastructure throughout the Tampa Captain of the Port Zone. One
security zone will encompass a portion of water adjacent to the Big
Bend Power Plant in Tampa Bay, Florida. The zone encompasses all waters
of Tampa Bay, from surface to bottom, shoreward of a line connecting
the following points: 27[deg]47.85' N, 082[deg]25.02' W then east and
south along the shore and pile to 27[deg]47.63' N, 082[deg]24.70' W
then north along the shore to 27[deg]48.02' N, 082[deg]24.70' W then
north
[[Page 47855]]
and west along a straight line to 27[deg]48.12' N, 082[deg]24.88'W then
south along the shore and pile to 27[deg]47.85' N, 082[deg]25.02' W,
closing off entrance to the Big Bend Power Facility.
We are establishing another zone adjacent to the Weedon Island
Power Plant in Tampa Bay, Florida. The zone encompasses 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 shoreward
of a line connecting the following points: 27[deg]51.52' N,
082[deg]35.82' W then north and east along the shore to 27[deg]51.54'
N, 082[deg]35.78' W then north to 27[deg]51.68' N, 082[deg]35.78' W
then north to 27[deg]51.75' N, 082[deg]35.78' W closing off entrance to
the canal then north to 27[deg]51.89' N, 082[deg]35.82' W then west
along the shore to 27[deg]51.89' N, 082[deg]36.10' W then west to
27[deg]51.89' N, 082[deg]36.14' W closing off entrance to the canal. No
person or vessel may enter the zone without the permission of the
Captain of the Port.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary because there is ample room
for vessels to navigate around the security zones and the Captain of
the Port may allow vessels to enter the zones, on a case-by-case basis
with the express permission of the Captain of the Port of Tampa or
their designated representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. The majority of the zones is limited in size and leave ample
room for vessels to navigate around the zones. The zones will not
significantly impact commuter and passenger vessel traffic patterns,
and vessels may be allowed to enter the zones, on a case-by-case basis,
with the express permission of the Captain of the Port of Tampa or
their designated representative.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. If the rule
would effect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. We invite your
comments on how this rule might impact tribal governments, even if that
impact may not constitute a ``tribal implication'' under the Order.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Effect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office
[[Page 47856]]
of Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2. of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES. Under
figure 2-1, paragraph (34)(g), of the Instruction, an ``Environmental
Analysis Check List'' and a ``Categorical Exclusion Determination'' are
not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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 is revised to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. From July 23, 2003, through August 31, 2003, add Sec. 165.T07-079
to read as follows:
Sec. 165.T07-079 Security Zones; Tampa Bay, Florida.
(a) Location. The following areas, denoted by coordinates fixed
using the North American Datum of 1983 (World Geodetic System 1984),
are security zones:
(1) Big Bend, Tampa Bay, Florida. All waters of Tampa Bay, from
surface to bottom, adjacent to the Big Bend Power Facility, and within
an area bounded by a line connecting the following points:
27[deg]47.85' N, 082[deg]25.02' W then east and south along the shore
and pile to 27[deg]47.63' N, 082[deg]24.70' W then north along the
shore to 27[deg]48.02' N, 082[deg]24.70' W then north and west along a
straight line to 27[deg]48.12' N, 082[deg]24.88' W then south along the
shore and pile to 27[deg]47.85' N, 082[deg]25.02' W, closing off
entrance to the Big Bend Power Facility.
(2) Weedon Island, Tampa Bay, Florida. 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 a line
connecting the following points: 27[deg]51.52' N, 082[deg]35.82' W then
north and east along the shore to 27[deg]51.54' N, 082[deg]35.78' W
then north to 27[deg]51.68' N, 082[deg]35.78' W then north to
27[deg]51.75' N, 082[deg]35.78' W closing off entrance to the canal
then north to 27[deg]51.89' N, 082[deg]35.82' W then west along the
shore to 27[deg]51.89' N, 082[deg]36.10' W then west to 27[deg]51.89'
N, 082[deg]36.14' W closing off entrance to the canal.
(b) Regulations. (1) In accordance with the general regulation in
33 CFR 165.33, entry into or remaining within these zones is prohibited
unless authorized by the Coast Guard Captain of the Port, Tampa,
Florida or their designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 813-228-2189/91 or
on VHF channel 16 to seek permission to transit the area. If permission
is granted, all persons and vessels must comply with the instructions
of the Captain of the Port or their designated representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the
authority for this section includes 33 U.S.C. 1226.
Dated: July 23, 2003.
James M. Farley,
Captain, U.S. Coast Guard, Captain of the Port, Tampa, Florida.
[FR Doc. 03-20467 Filed 8-11-03; 8:45 am]
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