[Federal Register: November 6, 2007 (Volume 72, Number 214)]
[Proposed Rules]
[Page 62609-62613]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no07-19]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. COTP St. Petersburg 07-046]
RIN 1625-AA87
Security Zone; Tampa Bay, Port of Tampa, Port of St. Petersburg,
Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and Crystal
River, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise certain security zones
within the Captain of the Port Sector St. Petersburg Zone (formerly the
Captain of the Port Tampa Zone). 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 revised
security zones would be prohibited without permission of the Captain of
the Port.
DATES: Comments and related material must reach the Coast Guard on or
before December 6, 2007.
ADDRESSES: You may mail comments and related material to Coast Guard
Sector St. Petersburg, Prevention Department, 155 Columbia Drive,
Tampa, FL 33606-3598. Coast Guard Sector St. Petersburg, Prevention
Department 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 Sector St. Petersburg, Prevention Department, 155 Columbia Drive,
Tampa, FL 33606-3598 between 7:30 a.m. and 3:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Jessica Crandell at the
Waterways Management Division, Sector St. Petersburg, FL (813) 228-2191
Ext 8146.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please identify the docket
number for this rulemaking (COTP Sector St. Petersburg 07-046),
indicate the specific section of this document to which each comment
applies, and give the reason for each comment. We recommend that you
include your name and a mailing address, an e-mail address, or a phone
number in the body of your document so that we can contact you if we
have questions regarding your submission. For example, we may ask you
to resubmit your comment if we are not able to read your original
submission. 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 they 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 proposed rule in view of them.
[[Page 62610]]
Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for a meeting by writing to Waterways Management Division 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 later notice in the Federal Register.
Background and Purpose
The Maritime Transportation Security Act authorized the
establishment of Area Maritime Security Committees (AMSC) that
``advise, consult with, report to, and make recommendations'' on
matters relating to maritime security in an AMSC's port area. See 46
U.S.C. 70112(a)(2) and 33 CFR 103.205. One topic the Tampa AMSC
discussed is the existing security zones established soon after the
terrorist attacks of September 11, 2001. See 68 FR 47852, August 12,
2003, and 68 FR 52340, September 3, 2003.
These existing security zones were established in 2003 and codified
in 33 CFR 165.760 and 165.764 by the Captain of the Port Tampa. As
noted in the notice of proposed rulemakings for these two final rules,
there were a number of temporary security zone rules issued before
these two final rules. See 68 FR 7093, February 12, 2003 and 68 FR
19166, April 18, 2003.
Some of the security zones in Sec. Sec. 165.760 and 165.764 were
suspended from July 26, 2007 until January 1, 2008, and revised,
temporary security zones were made effective during this same period.
See 72 FR 45162, August 13, 2007. These temporary changes were made
based on the newly-developed Maritime Security Risk Analysis tool
utilized by the AMSC.
A Tampa AMSC working group evaluated risk to the maritime
transportation system (MTS) within Tampa Bay, and assessed various risk
mitigation options. The results of the risk assessment indicated the
need to revise the following established security zones for the purpose
of enhancing port security for the region:
Sec. 165.760(a)(1), Rattlesnake, Tampa, FL;
Sec. 165.760(a)(3), Sunshine Skyway Bridge, Tampa, FL;
Sec. 165.760(a)(5), Piers, Seawalls, and Facilities, Port
of Tampa, Port Sutton and East Bay;
Sec. 165.760(a)(7), Piers, Seawalls, and Facilities, Port
of Tampa, on the western side of Hooker's Point;
Sec. 165.764(a)(1), Big Bend, Tampa Bay, Florida zone.
The five revised zones temporarily replacing these five suspended zones
appear in Sec. 165.T07-047(a) (1) through (5), but will expire January
2, 2008. The risk assessment also indicated that two of the zones
suspended--Sec. 165.760(a)(6) [Piers, seawalls, and facilities, Port
of Tampa, East Bay and the eastern side of Hooker's Point], and (a)(8)
[Piers, seawalls, and facilities, Port of Manatee]--were no longer
needed.
The security zones proposed in this notice have been discussed,
vetted and recommended by representatives of the Department of Homeland
Security's Office of Infrastructure Protection, the Western Florida
Area Maritime Security Committee, the Florida Region IV and VI Regional
Domestic Security Task Forces, and numerous local agencies who share in
the maritime security mission in the Tampa Bay region. These proposed
revisions are needed to ensure the security of vessels, facilities, and
the surrounding areas within the Captain of the Port Sector St.
Petersburg Zone following the expiration of the currently-effective
temporary final rule, 72 FR 45162, August 13, 2007.
In 2005, Sector St. Petersburg was created, replacing the Captain
of the Port Tampa Zone. Authority to create security zones in the Tampa
Bay region now resides with the Sector St. Petersburg Captain of the
Port. See 70 FR 41415, July 19, 2005, and 72 FR 36316, July 2, 2007.
Discussion of Proposed Rule
The security zones described in this notice have been discussed,
vetted and recommended by representatives of the Department of Homeland
Security's Office of Infrastructure Protection, the Western Florida
Area Maritime Security Committee, the Florida Region IV and VI Regional
Domestic Security Task Forces, and numerous local agencies who share in
the maritime security mission in the Tampa Bay region.
The following areas are proposed to be established as permanent
security zones in 33 CFR 165.760 by revising or adding the following
paragraphs in that section. All coordinates were fixed using the North
American Datum of 1983.
Revise Sec. 165.760(a)(3), Sunshine Skyway Bridge, Tampa,
FL. All waters in Tampa Bay, from surface to bottom, in Cut ``A''
channel beneath the bridge's main span encompassed by a line connecting
the following points: 27[deg]37.30' N, 082[deg]39.38' W to
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.
Revise Sec. 760(a)(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 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 Port Sutton
channel; then northerly to 27[deg]54.48' N, 082[deg]25.70' W.
Revise Sec. 165.760(a)(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 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; 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.
Remove Sec. 165.764(a)(1) and add Sec. 165.764(a)(14),
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 a line connecting the following points: 27[deg]48.08' N,
082[deg]24.88' W; then northwest to 27[deg]48.15' N, 082[deg]24.96' W;
then southwest to 27[deg]48.10' N, 082[deg]25.00' W; then south-
southwest to 27[deg]47.85' N, 082[deg]25.03' W; then southeast to
27[deg]47.85' N, 082[deg]24.79' W; then east to 27[deg]47.55' N,
082[deg]24.04' W; then north to 27[deg]47.62' N, 082[deg]84.04' W; then
west to 27[deg]47.60' N, 082[deg]24.72' W; then north to 27[deg]48.03'
N, 082[deg]24.70' W; then northwest to 27[deg]48.08' N, 082[deg]24.88'
W, closing off entrance to Big Bend Power Facility and the attached
cooling canal.
Remove Sec. 165.764(a)(2), revised its heading but add
its text unchanged to a new Sec. 165.764(a)(15), 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 a line connecting the following points:
27[deg]51.52' N, 082[deg]35.82' W; then north
[[Page 62611]]
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.
Revise Sec. 165.760(a)(1), Rattlesnake Tampa, FL. All
water, 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, 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; west to 27[deg]53.22' N, 082[deg]32.23' W; then north
to 27[deg]53.25' N, 082[deg]32.23' W; then west again to 27[deg]53.25'
N, 082[deg]32.27' W; then north again to 27[deg]53.29' N,
082[deg]32.25' W; then east to 27[deg]53.30' N, 082[deg]32.16' W; then
southeast terminating at 27[deg]53.21' N, 082[deg]32.11' W.
Please note that the portion of the description of Sec.
165.760(a)(1) after the word ``including'' differs from the currently
effective temporary Sec. 165.T07-047(a)(1). We determined that the
``fenced area'' should be more clearly defined in the permanent
regulation and propose replacing the following description ``including
the fenced area encompassing the Chemical Formulator Chlorine
Facility'' in TFR 72 FR 45162-01 with a more accurate North American
Datum Description. The new description is: ``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; west to 27[deg]53.22' N, 082[deg]32.23' W; then north
to 27[deg]53.25' N, 082[deg]32.23' W; then west again to 27[deg]53.25'
N, 082[deg]32.27' W; then north again to 27[deg]53.29' N,
082[deg]32.25' W; then east to 27[deg]53.30' N, 082[deg]32.16' W; then
southeast terminating at 27[deg]53.21' N, 082[deg]32.11' W.''
Entry into or remaining on or within these proposed revised zones
would be prohibited unless authorized by the Captain of the Port Sector
St. Petersburg or his designated representative. Persons desiring to
transit the area of the security zone may contact the Captain of the
Port Sector St. Petersburg or his designated representative 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 his designated representative. In the case
of moving security zones, notification will be given by Broadcast
Notice to Mariners on VHF FM Marine Band Radio, Channel 22A. For
vessels not equipped with a radio, there will also be on site
notification via a designated representative of the Captain of the
Port. A graphical representation of all fixed security zones will be
made available via the World Wide Web: http://homeport.uscg.mil/mycg/portal/ep/portDirectory.do?tabId=1&
cotpId=50, Coast Pilot and nautical
charts.
Because we proposed to move the only two security zones in Sec.
165.764 to Sec. 165.760, we propose to remove and reserve Sec.
165.764.
We also proposed to reverse the order of the regulations and
definitions paragraphs in Sec. 165.760 by having the definitions
appear first. We proposed to add a definition designated representative
to the revised paragraph (b).
In revised paragraph (c) we have replaced references to the Captain
of the Port Tampa with references to Captain of the Port Sector St.
Petersburg and made references to using Broadcast Notice to Mariners to
announce the activation of moving security zones by cruise ships
entering certain waters--see Sec. 165.760(a)(9).
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This proposed
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, the Captain of the Port may, on
a case-by-case basis allow persons or vessels to enter a security zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule will not have a significant economic impact on a substantial
number of small entities because the majority of the zones are limited
in size, leaving ample room for vessels to navigate around the zones.
The zones will not significantly impact commuter and passenger vessel
traffic patterns, and mariners will be notified of the zones via local
notice to mariners and marine broadcasts. Also, the Captain of the Port
may, on a case-by-case basis, allow persons or vessels to enter a
security zone.
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 this proposed 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 office listed under FOR
FURTHER INFORMATION CONTACT, for assistance in understanding this rule.
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.
Collection of Information
This proposed rule would call 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 proposed rule
under that Order and have determined that it does not have implications
for federalism.
[[Page 62612]]
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 proposed rule would not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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.
Indian Tribal Governments
This proposed 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.
Energy Effects
We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is not likely to
have a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is 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 proposed
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
Words of Issuance and Regulatory Text
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
2. In Sec. 165.760, revise paragraphs (a)(1), (a)(3), (a)(5),
(a)(7), (b) and (c), and add paragraphs (a)(14) and (a)(15) to read as
follows:
Sec. 165.760 Security Zones; Tampa Bay, Port of Tampa, Port of Saint
Petersburg, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and
Crystal River; Florida.
(a) * * *
(1) Rattlesnake, Tampa, FL. All water, 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, 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;
west to 27[deg]53.22' N, 082[deg]32.23' W; then north to 27[deg]53.25'
N, 082[deg]32.23' W; then west again to 27[deg]53.25' N, 082[deg]32.27'
W; then north again to 27[deg]53.29' N, 082[deg]32.25' W; then east to
27[deg]53.30' N, 082[deg]32.16' W; then southeast terminating at
27[deg]53.21' N, 082[deg]32.11' W.
* * * * *
(3) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from
surface to bottom, in Cut ``A'' channel beneath the bridge's main span
encompassed by a line connecting the following points: 27[deg]37.30' N,
082[deg]39.38' W to 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.
* * * * *
(5) 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]26.11' 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 Port Sutton channel; then northerly
to 27[deg]54.48' N, 082[deg]25.70' W.
* * * * *
(7) Piers, seawalls, and facilities, Port of Tampa, on the western
side of 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
[[Page 62613]]
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.
* * * * *
(14) 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 a line connecting the following points:
27[deg]48[min]08[sec] N, 082[deg]24[min]88[sec] W; then northwest to
27[deg]48[min]15[sec] N, 082[deg]24[min]96[sec] W; then southwest to
27[deg]48[min]10[sec] N, 082[deg]25[min]00[sec] W; then south-southwest
to 27[deg]47[min]85[sec] N, 082[deg]25[min]03[sec] W; then southeast to
27[deg]47[min]85[sec] N, 082[deg]24[min]79[sec] W; then east to
27[deg]47[min]55[sec] N, 082[deg]24[min]04[sec] W; then north to
27[deg]47[min]62[sec] N, 082[deg]84[min]04[sec] W; then west to
27[deg]47[min]60[sec] N, 082[deg]24[min]72[sec] W; then north to
27[deg]48[min]03[sec] N, 082[deg]24[min]70[sec] W; then northwest to
27[deg]48[min]08[sec] N, 082[deg]24[min]88[sec] W, closing off entrance
to Big Bend Power Facility and the attached cooling canal.
(15) 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 a line
connecting the following points: 27[deg]51[min]52[sec] N,
082[deg]35[min]82[sec] W; then north and east along the shore to
27[deg]51[min]54[sec] N, 082[deg]35[min]78[sec] W; then north to
27[deg]51[min]68[sec] N, 082[deg]35[min]78[sec] W; then north to
27[deg]51[min]75[sec] N, 082[deg]35[min]78[sec] W, closing off entrance
to the canal; then north to 27[deg]51[min]89[sec] N,
082[deg]35[min]82[sec] W; then west along the shore to
27[deg]51[min]89[sec] N, 082[deg]36[min]10[sec] W; then west to
27[deg]51[min]89[sec] N, 082[deg]36[min]14[sec] W, closing off entrance
to the canal.
(b) Definitions. As used in this section--
Cruise ship means a vessel required to comply with 33 CFR part 120.
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), in the
enforcement of regulated navigation areas, safety zones, and security
zones.
(c) Regulation. (1) Entry into or remaining on or within the zones
described in paragraph (a) of this section is prohibited unless
authorized by the Captain of the Port St. Petersburg or his designated
representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port St. Petersburg or his designated
representative 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 designated
representative. In the case of moving security zones, notification of
activation of these zones will be given by Broadcast Notice to Mariners
on VHF FM Marine Band Radio, Channel 22A. For vessels not equipped with
a radio, there will also be on site notification via a designated
representative of the Captain of the Port.
Note to Sec. 165.760 (c)(2): A graphical representation of all
fixed security zones will be made available via the Coast Pilot and
nautical charts.
(3) Enforcement. Under Sec. 165.33, no person may cause or
authorize the operation of a vessel in the security zones contrary to
the provisions of this section.
* * * * *
Sec. 165.764 [Removed]
3. Remove and reserve Sec. 165.764.
Dated: October 29, 2007.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. E7-21760 Filed 11-5-07; 8:45 am]
BILLING CODE 4910-15-P