[Federal Register: September 3, 2003 (Volume 68, Number 170)]
[Rules and Regulations]
[Page 52340-52343]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se03-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Tampa 02-053]
RIN 1625-AA00
Security Zones; Tampa Bay, Port of Tampa, Port of Saint
Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, and Crystal
River, Florida
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing security zones in Tampa Bay,
Port of Tampa, Port of Saint Petersburg, Port Manatee, Rattlesnake, Old
Port Tampa, and Crystal River, 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 final rule is effective on September 3, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket [COTP Tampa 02-053] 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 History
On February 12, 2003, we published a notice of proposed rulemaking
(NPRM) entitled ``Security Zones; Tampa, Saint Petersburg, Port
Manatee, Rattlesnake, Old Port Tampa and Crystal River, Florida'' in
the Federal Register (68 FR 7093). We did not receive any letters
commenting on the proposed rule. No public hearing was requested, and
none was held. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. 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 and the 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 from time to time to advise mariners of these restrictions.
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 temporary security zones
established for vessels, waterfront facilities and bridges that were
previously published in the Federal Register (68 FR 14328, March 25,
2003).
Discussion of Comments and Changes
No comments were received. Therefore no substantive changes have
[[Page 52341]]
been made to the proposed rule. We have only made minor wording changes
which provide improved descriptions of the regulated area and make the
regulation easier to read.
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 under the regulatory policies and procedures
of DHS is unnecessary. There is ample room for vessels to navigate
around the security zones and the Captain of the Port of Tampa 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 that
officer's 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 majority of the zones are 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 that
officer's designated representative. Therefore, the Coast Guard
certifies under 5 U.S.C. 605(b) that this final rule will not have a
significant economic impact on a substantial number of small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly 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 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.lD,
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, from further environmental documentation. Because it is a
security zone, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record-
keeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
[[Page 52342]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 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. Add Sec. 165.760 to read as follows:
Sec. 165.760 Security Zones; Tampa Bay, Port of Tampa, Port of Saint
Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big Bend, Weedon
Island, and Crystal River, 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) Rattlesnake, Tampa, FL. All waters, from surface to bottom, in
Old Tampa Bay east and south of a line commencing at position
27[deg]53.32' N, 082[deg]32.05' W; north to 27[deg]53.36' N,
082[deg]32.05' W.
(2) Old Port Tampa, Tampa, FL. All waters, from surface to bottom,
in Old Tampa Bay encompassed by a line connecting the following points:
27[deg]51.62' N, 082[deg]33.14' W; east to 27[deg]51.71' N,
082[deg]32.5' W; north to 27[deg]51.76' N, 082[deg]32.5' W; west to
27[deg]51.73' N, 082[deg]33.16' W; and south to 27[deg]51.62' N,
082[deg]33.14' W, closing off the Old Port Tampa channel.
(3) Sunshine Skyway Bridge, Tampa, FL. All waters in Tampa Bay,
from surface to bottom, 100-feet around all bridge supports, dolphins
and rocky outcroppings bounded on the northern portion of the bridge at
pier 135, (also designated 24N which is the 24th pier north of the
center span), 27[deg]37.85' N, 082[deg]39.78' W, running south under
the bridge to pier 88, (also designated 24S which is the 24th pier
south of the center span) 27[deg]36.59' N, 082[deg]38.86' W. Visual
identification of the zone can be defined as to the areas to the north
and south where the bridge structure begins a distinct vertical rise.
(4) Vessels Carrying Hazardous Cargo, Tampa, FL. All waters, from
surface to bottom, 200 yards around vessels moored in Tampa Bay
carrying or transferring Liquefied Petroleum Gas (LPG), Anhydrous
Ammonia (NH3) and/or grade ``A'' and ``B'' flammable liquid cargo. Any
vessel transiting within the outer 100 yards of the zone for moored
vessels carrying or transferring Liquefied Petroleum Gas (LPG),
Anhydrous Ammonia (NH3) and/or grade ``A'' and ``B'' cargo may operate
unless otherwise directed by the Captain of the Port or his designee
but must proceed through the area at the minimum speed necessary to
maintain safe navigation. No vessel may enter the inner 100-yard
portion of the security zone closest to the vessel.
(5) Piers, Seawalls, and Facilities, Port of Tampa, Port Sutton and
East Bay. All waters, from surface to bottom, extending 50 yards from
the shore, seawall and piers around facilities in Port Sutton and East
Bay within the Port of Tampa encompassed by a line connecting the
following points: 27[deg]54.15' N, 082[deg]26.11' W, east northeast to
27[deg]54.19' N, 082[deg]26.00' W, then northeast to 27[deg]54.37' N,
082[deg]25.72' W, closing off all of Port Sutton Channel, then
northerly to 27[deg]54.48' N, 082[deg]25.70 'W, then northeasterly and
terminating at point 27[deg]55.27' N, 082[deg]25.17' W.
(6) Piers, Seawalls, and Facilities, Port of Tampa, East Bay and
the eastern side of Hooker's Point. All waters, from surface to bottom,
extending 50 yards from the shore, seawall and piers around facilities
on East Bay and on the East Bay Channel within the Port of Tampa
encompassed by a line connecting the following points: 27[deg]56.05' N,
082[deg]25.95' W, southwesterly to 27[deg]56.00' N, 082[deg]26.07' W,
then southerly to 27[deg]55.83' N, 082[deg]26.07' W, then southeasterly
to 27[deg]55.55' N, 082[deg]25.75' W, then south to 27[deg]54.75' N,
082[deg]25.75' W, then southwesterly and terminating at point
27[deg]54.57' N, 082[deg]25.86' W.
(7) Piers, Seawalls, and Facilities, Port of Tampa, on the western
side of Hooker's Point. All waters, from surface to bottom, extending
50 yards from the shore, seawall and piers around facilities on
Hillsborough Bay 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,
northwest to 27[deg]55.25' N, 082[deg]26.73' W, then north-northwest to
27[deg]55.60' N, 082[deg]26.80' W, then north-northeast to
27[deg]56.00' N, 082[deg]26.75' W, then northeast to 27[deg]56.58' N,
082[deg]26.53' W, and north to 27[deg]57.29' N, 082[deg]26.51' W, west
to 27[deg]57.29' N, 082[deg]26.61' W, then southerly to 27[deg]56.65'
N, 082[deg]26.63' W, southwesterly to 27[deg]56.58' N, 082[deg]26.69'
W, then southwesterly and terminating at 27[deg]56.53' N,
082[deg]26.90' W.
(8) Piers, Seawalls, and Facilities, Port of Manatee. All waters,
from surface to bottom, within the Port of Manatee extending 50 yards
from the shore, seawall and piers around facilities. This security zone
encompasses all piers and seawalls of the cruise terminal berths 9 and
10 in Port Manatee, Florida beginning at 27[deg]38.00' N,
082[deg]33.81' W; continuing east to 27[deg]38.00' N, 082[deg]33.53' W.
(9) Moving Cruise Ships in the Port of Tampa, Port of Saint
Petersburg, and Port Manatee, Florida. All waters, from surface to
bottom, extending 200 yards around all cruise ships entering or
departing Port of Tampa, Port of Saint Petersburg, or Port Manatee,
Florida. These temporary security zones are activated on the inbound
transit when a cruise ship passes the Tampa Lighted Whistle Buoy ``T'',
located at 27[deg]35.35' N, 083[deg]00.71' W and terminate when the
vessel is moored at a cruise ship terminal. The security zones are
activated on the outbound transit when a cruise ship gets underway from
a terminal and terminates when the cruise ship passes the Tampa Lighted
Whistle Buoy ``T'', located at 27[deg]35.35' N, 083[deg]00.71' W. Any
vessel transiting within the outer 100 yards of the zone for a cruise
ship may operate unless otherwise directed by the Captain of the Port
or his designee but must proceed through the area at the minimum speed
necessary to maintain safe navigation. No vessel may enter the inner
100-yard portion of the security zone closest to the vessel.
(10) Moored Cruise Ships in the Port of Tampa, Port of Saint
Petersburg, and Port Manatee, Florida. All waters, from surface to
bottom, extending 200 yards around moored cruise ships in the Ports of
Tampa, Saint Petersburg, or Port Manatee, Florida. Any vessel
transiting within the outer 100 yards of the zone of moored cruise
ships may operate unless otherwise directed by the Captain of the Port
or his designee but must proceed through the area at the minimum speed
necessary to maintain safe navigation. No vessel may enter the inner
100-yard portion of the security zone closest to the vessel.
(11) Saint Petersburg Harbor, FL. All waters, from surface to
bottom, extending 50 yards from the seawall and around all moorings and
vessels in Saint Petersburg Harbor (Bayboro Harbor), commencing on the
north side of the channel at dayboard ``10'' 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 Saint 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 to Green Daybeacon 11 (LLN 2500).
[[Page 52343]]
(12) Crystal River Nuclear Power Plant. All waters, from surface to
bottom, around the Florida 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 (Northwest corner); 28[deg]57.37' N,
082[deg]41.92' W (Northeast corner); 28[deg]56.81' N, 082[deg]45.17' W
(Southwest corner); and 28[deg]57.32' N, 082[deg]41.92' W (Southeast
corner).
(13) Crystal River Demory Gap Channel. All waters, from surface to
bottom, in the Demory Gap Channel in Crystal River, Florida,
encompassed by a line connecting the following points: 28[deg]57.61' N,
082[deg]43.42' W (Northwest corner); 28[deg]57.53' N, 082[deg]41.88' W
(Northeast corner); 28[deg]57.60' N, 082[deg]43.42' W (Southwest
corner); and 28[deg]57.51' N, 082[deg]41.88' W (Southeast corner).
(b) Regulations. (1) Entry into or remaining within these zones is
prohibited unless authorized by the Coast Guard Captain of the Port,
Tampa, Florida or that officer's 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) Definition. As used in this section, ``cruise ship'' means a
vessel required to comply with 33 CFR Part 120.
(d) 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: August 1, 2003.
James M. Farley,
Captain, U.S. Coast Guard, Captain of The Port, Tampa, Florida.
[FR Doc. 03-22370 Filed 9-2-03; 8:45 am]
BILLING CODE 4910-15-P