[Federal Register: February 5, 2008 (Volume 73, Number 24)]
[Rules and Regulations]
[Page 6610-6613]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe08-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0013]
RIN 1625-AA87
Security Zone; MacDill Air Force Base, Tampa Bay, FL
AGENCY: Coast Guard, DHS.
ACTION: Interim rule with request for comments.
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SUMMARY: The Coast Guard is establishing a security zone that is
concurrent with the Army Corps of Engineers restricted area adjacent to
MacDill Air Force Base. The security zone is necessary to facilitate
security operations conducted at the Air Force Base. All persons,
vessels, or other craft are prohibited from anchoring, mooring,
drifting, or transiting within this zone, unless authorized by the
Captain of the Port St. Petersburg or a designated representative.
DATES: This interim rule is effective February 5, 2008. Comments and
related material must reach the Docket Management Facility on or before
April 7, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0013 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Waterways Management Division, Sector St. Petersburg, FL (813)
228-2191, Ext 8307. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0013), 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
[[Page 6611]]
questions regarding your submission. For example, we may ask you to
resubmit your comment if we are not able to read your original
submission. You may submit your comments and material by electronic
means, mail, fax, or delivery to the Docket Management Facility at the
address under ADDRESSES; but please submit your comments and material
by only one means. If you submit them by mail or delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, 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.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-USCG-2008-0013) in the Docket ID box, and
click enter. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov
.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility 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.
Regulatory Information
We did not publish a notice of proposed rule making (NPRM) for this
rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing an NPRM. It is unnecessary because the
purpose of this rule is to reinforce and support an already existing
exclusionary area that was previously designated with prohibitions
against both person and vessel movements. There are no new restrictions
being proposed.
For the same reasons above, under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this rule effective in
less than 30 days after publication in the Federal Register.
Background and Purpose
This area is already a designated an exclusionary zone. Under 33
CFR 334.635, the Army Corps of Engineers established a restricted area
adjacent to MacDill Air Force Base. The Coast Guard is establishing a
security zone that is concurrent with this restricted area to assist in
enforcing the prohibition against all persons, vessels, and other craft
that may enter, transit, anchor, or drift into this prohibited area.
MacDill Air Force base routinely conducts operations and contains
infrastructure critical to national security. This security zone is
necessary to protect those operations and infrastructure as well as to
prevent subversive activities. To more appropriately address the
security risks associated with MacDill Air Force Base, as well as to
enable agencies to work from a common operating picture and to maximize
the synergy of enforcement resources, the Coast Guard is establishing
this security zone.
Using the newly developed Maritime Security Risk Analysis tool, a
working group comprised of security analysts from local law enforcement
agencies, MacDill Operations, industrial partners, and the Coast Guard
evaluated the risk to the maritime transportation system (MTS) within
Tampa Bay. The results of the risk assessment indicated the need to
revisit whether the existing security zones sufficiently provided
adequate coverage for implementing counter-surveillance, intrusion
detection, and response measures for the port community. This holistic
approach determined that additional mechanisms were necessary to
address MacDill Air Force Base security risks as well as help mitigate
common risk factors across the entire bay. The resulting proposal
consists of the existing exclusionary area defined by the Army Corps of
Engineers and the establishment of a Coast Guard security zone that
coincides with that exclusionary area.
Discussion of Rule
The security zone coincides with the Army Corps of Engineers
restricted area adjacent to MacDill Air Force Base and includes
portions of the waters of Hillsborough Bay, Old Tampa Bay, and Tampa
Bay. This area is marked as a prohibited area on navigation charts and
is bounded by the following coordinates: latitude 27[deg]51'52.901''
N., longitude 82[deg]29'18.329'' W., thence directly to latitude
27[deg]52'00.672'' N., longitude 82[deg]28'51.196'' W., thence directly
to latitude 27[deg]51'28.859'' N., longitude 82[deg]28'10.412'' W.,
thence directly to latitude 27[deg]51'01.067'' N., longitude
2[deg]27'45.355'' W., thence directly to latitude 27[deg]50'43.248''
N., longitude 82[deg]27'36.491'' W., thence directly to latitude
27[deg]50'19.817'' N., longitude 82[deg]27'35.466'' W., thence directly
to latitude 27[deg]49'38.865'' N., longitude 82[deg]27'43.642'' W.,
thence directly to latitude 27[deg]49'20.204'' N., longitude
82[deg]27'47.517'' W., thence directly to latitude 27[deg]49'06.112''
N., longitude 82[deg]27'52.750'' W., thence directly to latitude
27[deg]48'52.791'' N., longitude 82[deg]28'05.943'' W., thence directly
to latitude 27[deg]48'45.406'' N., longitude 82[deg]28'32.309'' W.,
thence directly to latitude 27[deg]48'52.162'' N., longitude
82[deg]29'26.672'' W., thence directly to latitude 27[deg]49'03.600''
N., longitude 82[deg]30'23.629'' W., thence directly to latitude
27[deg]48'44.820'' N., longitude 82[deg]31'10.000'' W., thence directly
to latitude 27[deg]49'09.350'' N., longitude 82[deg]32'24.556'' W.,
thence directly to latitude 27[deg]49'38.620'' N., longitude
82[deg]33'02.444'' W., thence directly to latitude 27[deg]49'56.963''
N., longitude 82[deg]32'45.023'' W., thence directly to latitude
27[deg]50'05.447'' N., longitude 82[deg]32'48.734'' W., thence directly
to latitude 27[deg]50'33.715'' N., longitude 82[deg]32'45.220'' W.,
thence directly to a point on the western shore of the base at latitude
27[deg]50'42.836'' N., longitude 82[deg]32'10.972'' W.
All persons, vessels, or other craft are prohibited from anchoring,
mooring, drifting, or transiting within this security zone under Sec.
165.768, unless authorized by the Captain of the Port St. Petersburg or
a designated representative. Also, Sec. 334.635 requires that
permission from the Commander of the MacDill Air Force Base, Florida,
would need to be obtained before entering the Army Corps of Engineers
restricted area which covers the same waters.
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
[[Page 6612]]
Budget has not reviewed it under that Order. This area has already been
designated as an exclusionary zone. The impact on routine navigation is
expected to be minimal since the geographic boundaries of this security
zone are the same as the Army Corps of Engineers restricted area.
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 should not impact any entities due to the
restricted nature of the waters surrounding MacDill Air Force Base.
This security zone will not have a significant economic impact on a
substantial number of small entities since vessel traffic in this area
is already prohibited.
Therefore, 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. Comments submitted in response to this
finding will be evaluated under the criteria in the ``Regulatory
Information'' section of this preamble.
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 the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. Questions
may be directed to the person identified in 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). 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 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. This rule seeks to establish a security zone. A final
``Environmental Analysis Check List'' and a final ``Categorical
Exclusion Determination'' are available in the
[[Page 6613]]
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.
Words of Issuance and Regulatory Text
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--SAFETY ZONES AND SECURITY ZONES
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. A new Sec. 165.768 is added to read as follows:
Sec. 165.768 Security Zone; MacDill Air Force Base, Tampa Bay, FL.
(a) Location. The following area is a security zone which exists
concurrent with an Army Corps of Engineers restricted area in Sec.
334.635 of this title. All waters within Tampa Bay, Florida in the
vicinity of MacDill Air Force Base, including portions of the waters of
Hillsborough Bay, Old Tampa Bay, and Tampa Bay, encompassed by a line
connecting the following coordinates: latitude 27[deg]51'52.901'' N.,
longitude 82[deg]29'18.329'' W., thence directly to latitude
27[deg]52'00.672'' N., longitude 82[deg]28'51.196'' W., thence directly
to latitude 27[deg]51'28.859'' N., longitude 82[deg]28'10.412'' W.,
thence directly to latitude 27[deg]51'01.067'' N., longitude
2[deg]27'45.355'' W., thence directly to latitude 27[deg]50'43.248''
N., longitude 82[deg]27'36.491'' W., thence directly to latitude
27[deg]50'19.817'' N., longitude 82[deg]27'35.466'' W., thence directly
to latitude 27[deg]49'38.865'' N., longitude 82[deg]27'43.642'' W.,
thence directly to latitude 27[deg]49'20.204'' N., longitude
82[deg]27'47.517'' W., thence directly to latitude 27[deg]49'06.112''
N., longitude 82[deg]27'52.750'' W., thence directly to latitude
27[deg]48'52.791'' N., longitude 82[deg]28'05.943'' W., thence directly
to latitude 27[deg]48'45.406'' N., longitude 82[deg]28'32.309'' W.,
thence directly to latitude 27[deg]48'52.162'' N., longitude
82[deg]29'26.672'' W., thence directly to latitude 27[deg]49'03.600''
N., longitude 82[deg]30'23.629'' W., thence directly to latitude
27[deg]48'44.820'' N., longitude 82[deg]31'10.000'' W., thence directly
to latitude 27[deg]49'09.350'' N., longitude 82[deg]32'24.556'' W.,
thence directly to latitude 27[deg]49'38.620'' N., longitude
82[deg]33'02.444'' W., thence directly to latitude 27[deg]49'56.963''
N., longitude 82[deg]32'45.023'' W., thence directly to latitude
27[deg]50'05.447'' N., longitude 82[deg]32'48.734'' W., thence directly
to latitude 27[deg]50'33.715'' N., longitude 82[deg]32'45.220'' W.,
thence directly to a point on the western shore of the base at latitude
27[deg]50'42.836'' N., longitude 82[deg]32'10.972'' W.
(b) Definitions. The following definition applies 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 St. Petersburg (COTP), in the
enforcement of regulated navigation areas, safety zones, and security
zones.
(c) Regulations. In accordance with the general regulations in
Sec. 165.33 of this part, entry into, anchoring, mooring, or
transiting this zone by persons or vessels is prohibited without the
prior permission of the Coast Guard Captain of the Port St. Petersburg
or a designated representative.
Dated: January 16, 2008.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. E8-1765 Filed 2-4-08; 8:45 am]
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