[Federal Register: January 8, 2008 (Volume 73, Number 5)]
[Rules and Regulations]
[Page 1276-1279]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja08-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2007-0097]
RIN 1625-AA87
Security Zone; Tampa Bay, Port of Tampa, Rattlesnake, Big Bend,
FL
AGENCY: Coast Guard, DHS.
[[Page 1277]]
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily revising the security zones in
the Port of Tampa, East Bay, Rattlesnake, Sunshine Skyway Bridge and
Big Bend for the purpose of providing counter-surveillance, intrusion
detection and response measures. Entry into these zones will be
prohibited unless authorized by the Captain of the Port St. Petersburg
or a designated representative.
DATES: This rule is effective from January 2, 2008, until February 7,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [USCG-2007-0097] and are 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. They are
also available in our online docket via http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Lt. Ronaydee Marquez, Waterways
Management Division, Sector St. Petersburg, FL (813) 228-2191 Ext 8307.
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 its effective date would be contrary to the public interest
since immediate action is necessary to continue security zones where
the [COTP Sector St. Petersburg, FL. 07-047] temporary final rule
established them to ensure the security of vessels, facilities, and the
surrounding areas within the Captain of the Port Sector St. Petersburg
Zone. The Coast Guard is making these changes permanent through the
implementation of a final rule published elsewhere in today's Federal
Register. The Coast Guard published a notice of proposed rulemaking in
the Federal Register on November 6, 2007 (72 FR 62609), in that
separate rulemaking for the final rule. Temporary Final Rule [COTP
Sector St. Petersburg, FL. 07-047] will expire just before the final
rule comes into effect on February 7, 2008. The purpose of this
temporary final rule is to maintain the security zones between the time
the [COTP Sector St. Petersburg, FL. 07-047] expires and the
implementation of the final rule [USCG-2007-0062].
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.
Background and Purpose
This temporary final rule adopts the currently established
revisions to the Tampa Bay security zones as published under [COTP
Sector St. Petersburg, FL. 07-047] and as proposed the NPRM published
on November 6, 2007. The temporary final rule [COTP Sector St.
Petersburg, FL. 07-047] lasts only through January 1, 2008, at which
time the final rule [USCG-2007-0062] published elsewhere in today's
Federal Register will not yet be effective. As referenced in the
temporary final rule [COTP Sector St. Petersburg, FL. 07-047], the
Maritime Transportation Security Act mandated Area Maritime Security
Committee convened a working group to validate the existing security
zones within Tampa Bay that were established following the terrorist
attacks of September 11, 2001. These existing security zones included
some established September 3, 2003, codified in 33 CFR 165.760, and
some established September 1, 2003, codified in Sec. 165.764 (68 FR
47852, August 12, 2003).
Using the newly developed Maritime Security Risk Analysis Model
tool, the working group evaluated risk to the maritime transportation
system (MTS) within Tampa Bay. The results of the risk assessment
indicated the need to revise the following established security zones
for the purpose of implementing counter-surveillance; and, intrusion
detection and response measures:
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)(6), Piers, Seawalls, and Facilities, Port
of Tampa, East Bay and the eastern side of Hooker's Point;
Sec. 165.760(a)(7), Piers, Seawalls, and Facilities, Port
of Tampa, on the western side of Hooker's Point; and
Sec. 165.760(a)(8), Piers, Seawalls, and Facilities, Port
of Manatee.
Sec. 165.764(a)(1), Big Bend, Tampa Bay, Florida zone.
The Security Zones revised includes 3 zones within the Port of Tampa
(Port Sutton and East Bay; East Bay and the eastern side of Hooker's
Point; and the western side of Hooker's Point), Sunshine Skyway Bridge,
Rattlesnake and Big Bend and Port of Manatee. At the Port of Tampa, a
minor adjustment to the Security Zone boundary was implemented for
alignment with protected assets. The East Bay segment of the Security
Zone was discontinued. The Security Zone beneath the Sunshine Skyway
Bridge was reduced to the size of the navigable channel. The
Rattlesnake area Security Zone was expanded shoreward to protect
critical facilities. The Big Bend Security Zone was slightly modified
to align with the natural barriers around the facility.
Discussion of Rule
This temporary rule extends the regulation established by temporary
final rule [COTP Sector St. Petersburg, FL. 07-047]. The following
security zones will temporarily suspend paragraphs in Sec. Sec.
165.760 and 165.764 that are being replaced by these new security zones
or that are no longer needed. The coordinates are based on North
American Datum (NAD) 1983.
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 the fenced area encompassing the Chemical
Formulators Chlorine Facility.
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 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.
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.
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 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,
[[Page 1278]]
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.
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]47.85N, 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.
Entry into or remaining on or within these zones is prohibited
unless authorized by the Captain of the Port Sector St. Petersburg or a
designated representative. Persons desiring to transit the area of the
security zone may contact the Captain of the Port Sector St. Petersburg
or a designated representative on VHF channel 16, or by phone at (727)
824-7506, 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.
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. 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, the Captain of the Port St. Petersburg 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 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 may impact the following entities, some of which
may be small entities: the owners or operators of vessels who wish to
transit in the areas where the security zones are enforced. This rule
will not have a significant 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.
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 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 may
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
[[Page 1279]]
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. An ``Environmental Analysis Check List''
and a ``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
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, 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 new temporary Sec. 165.T07-0097 to read as follows:
Sec. 165.T07-0097 Security Zone; Tampa Bay, Port of Tampa,
Rattlesnake and Big Bend; Florida.
(a) Regulated Areas. The following areas, denoted by coordinates
fixed using the North American Datum of 1983, are security zones:
(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[min] N, 082[deg]32.05[min] W; north to 27[deg]53.36[min]
N, 082[deg]32.05[min] W, including the fenced area encompassing the
Chemical Formulators Chlorine Facility.
(2) 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[min] N, 082[deg]39.38[min] W to 27[deg]37.13[min] N,
082[deg]39.26[min] W; and, the bridge structure columns, base and
dolphins. This 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.
(3) 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[min] N, 082[deg]26.11[min] W, east northeast to
27[deg]54.19[min] N, 082[deg]26.00[min] W, then northeast to
27[deg]54.37[min] N, 082[deg]25.72[min] W, closing off all Port Sutton
Channel, then northerly to 27[deg]54.48[min] N, 082[deg]25.70[min] W.
(4) 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 Tampa
encompassed by a line connecting the following points:
27[deg]54.74[min] N, 082[deg]26.47[min] W, northwest to
27[deg]55.25[min] N, 082[deg]26.73[min] W, then north-northwest to
27[deg]55.60[min] N, 082[deg]26.80[min] W, then north-northeast to
27[deg]56.00[min] N, 082[deg]26.75[min] W, then northeast to
27[deg]56.58[min] N, 082[deg]26.53[min] W, and north to
27[deg]57.29[min] N, 082[deg]26.51[min] W, west to 27[deg]57.29[min] N,
082[deg]26.61[min] W, then southerly to 27[deg]56.65[min] N,
082[deg]26.63[min] W, southwesterly to 27[deg]56.58[min] N,
082[deg]26.69[min] W, then southwesterly and terminating at
27[deg]56.53[min] N, 082[deg]26.90[min] W.
(5) 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.
(b) Regulation. (1) Entry into or remaining on or within these
zones is prohibited unless authorized by the Captain of the Port Sector
St. Petersburg or his designee.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port Sector St. Petersburg or his designee
on VHF channel 16, or by phone at (727) 824-7506, 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.
(c) Effective period. This section is effective from January 2,
2008, until February 7, 2008.
Sec. 165.760 [Amended]
0
3. In Sec. 165.760, from January 2, 2008, until February 7, 2008,
suspend paragraphs (a)(1), (a)(3), (a)(5), (a)(6), (a)(7) and (a)(8).
Sec. 165.764 [Amended]
0
4. In Sec. 165.764, from January 2, 2008, until February 7, 2008,
suspend paragraph (a)(1).
Dated: December 29, 2007.
A.S. Young,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector St.
Petersburg.
[FR Doc. 08-21 Filed 1-3-08; 3:47 pm]
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