[Federal Register: July 12, 2005 (Volume 70, Number 132)]
[Rules and Regulations]
[Page 39923-39926]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy05-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Tampa 05-079]
RIN 1625-AA00, AA87
Safety and Security Zone; Tampa Bay, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety and
security zone on the waters within Tampa Bay, Florida, including
Sparkman Channel, Garrison Channel (east of the Beneficial Bridge),
Ybor Turning Basin, and Ybor Channel. This rule is necessary to protect
participants and spectators from the hazards associated with the
recurring launch of fireworks from a barge on the navigable waters and
to protect the security of the Tampa Bay, Florida port infrastructure
from potential subversive acts by vessels or persons during these
fireworks events.
DATES: This rule is effective from 8:35 p.m. on June 24, 2005 through
12:25 a.m. on January 1, 2006. Comments and related material must reach
the Coast Guard on or before September 12, 2005.
ADDRESSES: You may mail comments and related material to Coast Guard
Marine Safety Office Tampa, 155 Columbia Drive, Tampa, Florida 33606-
3598. The Waterways Management Division maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at Coast Guard Marine Safety Office Tampa between
7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer
Andrew at Coast Guard Marine Safety Office Tampa (813) 228-2191 Ext
8203.
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 a NPRM, which would
incorporate a comment period before a final rule could be issued and
delay the rule's effective date, is contrary to public interest because
immediate action is necessary to protect the public and waters of the
United States. The Coast Guard would be unable to effectively ensure
safety and security on the navigable waters in the vicinity of the Port
during these fireworks events without this safety and security zone in
place.
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 and will place Coast Guard vessels
in the vicinity of this zone to advise mariners of the restriction.
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for
[[Page 39924]]
this rulemaking (COTP Tampa 05-079), indicate the specific section of
this document to which each comment applies, and give the reason for
each comment. Please submit all comments and related material in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying. If you would like to know that your submission reached us,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period.
We may change this rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Marine Safety Office
Tampa at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a separate notice in the
Federal Register.
Background and Purpose
Downtown Tampa Attractions Association will be conducting thirteen
recurring fireworks demonstrations in the Port of Tampa Bay, Florida.
This rule is needed to protect spectator craft in the vicinity of the
fireworks presentation from the hazards associated with the storage,
preparation and launching of fireworks. Also, since the fireworks
demonstrations will be conducted near several major port facilities,
the nature of these recurring events could increase the port's
vulnerability to possible terrorist activities compromising the
security of the port. The recurring events provide a repetitive and
predictable situation that persons intending to conduct subversive acts
could use to mask their activities. Further, the nature of the
repetitive and predictable fireworks events could desensitize already
established security measures by providing a possible distraction to
those protecting nearby facilities.
Discussion of Proposed Rule
The safety and security zone encompasses the following waters
within Tampa Bay: Sparkman Channel, Garrison Channel (east of the
Beneficial Bridge), Ybor Turning Basin, and Ybor Channel. This rule
restricts vessels from entering, remaining within, anchoring, mooring
or transiting the safety and security zone without the express
permission of the Captain of the Port or his designated representative.
Vessels and persons that receive permission to enter the safety and
security zone must comply with the instructions of the Captain of the
Port or his or her designated representative and must not proceed
closer than 120 yards, in any direction, from the fireworks launch
barge located in approximate position 27[deg]56'28'' N, 082[deg]26'45''
W, without obtaining further permission from the Captain of the Port or
his designated representative. This rule will be effective from 8:35
p.m. on June 24, 2005 through 12:25 a.m. on January 1, 2006. The safety
and security zone will only be enforced from 8:35 p.m. until 9:20 p.m.
on June 24, July 1, July 4, July 8, July 15, July 22, July 29, August
5, August 12, August 19, August 26, September 4, 2005 and from 11:40
p.m. December 31, 2005 until 12:25 a.m. on January 1, 2006.
Regulatory Evaluation
This temporary final 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. The rule will only be enforced for forty-five
minutes on each of the thirteen listed dates when fireworks displays
are planned. Moreover, vessels may still enter the safety and security
zone with the express permission of the Captain of the Port Tampa or
his 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. This rule will affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit Sparkman Channel, Garrison Channel (east of the Beneficial
Bridge), Ybor Turning Basin, and Ybor Channel from 8:35 p.m. until 9:20
p.m. on June 24, July 1, July 4, July 8, July 15, July 22, July 29,
August 5, August 12, August 19, August 26, September 4, 2005, and from
11:40 p.m. December 31, 2005 until 12:25 a.m. on January 1, 2006.
This safety and security zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons. This rule will only be enforced for forty-five minutes on each
of the thirteen listed dates when fireworks displays are planned.
Moreover, vessels may still enter the safety and security zone with the
express permission of the Captain of the Port Tampa or his designated
representative.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. 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 identified in the FOR
FURTHER INFORMATION CONTACT.
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
[[Page 39925]]
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 Affect 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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. Therefore, 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'' will be
available in the docket where indicated under ADDRESSES. Comments on
this section will be considered before we make the final decision on
whether to categorically exclude this rule from further environmental
review.
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 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. From June 24, 2005 through January 1, 2006, add Sec. 165.T07-079 to
read as follows:
Sec. 165.T07-079 Safety and Security Zone; Tampa Bay, Florida.
(a) Regulated area. The following area is a safety and security
zone: All waters of Tampa Bay, from surface to bottom, within the
following: Garrison Channel, east of an imaginary line connecting point
1: 27[deg]56'31'' N, 082[deg]26'58'' W; south to point 2:
27[deg]56'26'' N, 082[deg]26'58'' W; and including Ybor Turning Basin,
Ybor Channel, and all waters in Sparkman Channel north of an imaginary
line connecting point 3: 27[deg]55'32'' N, 082[deg]26'56'' W, east to
point 4: 27[deg]55'32'' N, 082[deg]26'48'' W. All coordinates
referenced use datum: NAD 83
(b) Regulations. (1) Vessels and persons are prohibited from
entering, remaining within, anchoring, mooring or transiting this zone
unless authorized by the Coast Guard Captain of the Port Tampa or his
designated representative.
(2) Persons desiring to transit the regulated area may contact the
Captain of the Port at telephone number 813-228-2191 ext 8101 or on VHF
channel 16 (156.8 MHz) to seek permission. Vessels and persons that
receive permission to enter or remain within the safety and security
zone must comply with the instructions of the Captain of the Port or
his or her designated representative and must not, in any event,
proceed closer than 120 yards, in any direction, from the fireworks
launch barge located in approximate position 27[deg]56'28'' N,
082[deg]26'45'' W, without obtaining further permission from the
Captain of the Port or his designated representative.
(c) Definitions. The following definitions apply to this section:
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 Captain of the Port (COTP), Tampa,
Florida, in the enforcement of the regulated navigation areas and
security zones.
(d) Enforcement period. This safety and security zone will be
enforced from 8:35 p.m. until 9:20 p.m. on June 24, July 1, July 4,
July 8, July 15, July 22, July 29, August 5, August 12, August 19,
August 26, September 4, 2005, and from 11:40 p.m. December 31, 2005
until 12:25 a.m. on January 1, 2006.
[[Page 39926]]
Dated: June 20, 2005.
J.M. Farley,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 05-13665 Filed 7-11-05; 8:45 am]
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