[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27673]


[[Page Unknown]]

[Federal Register: November 8, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD07-94-094]
RIN 2115-AE48

 

Regulated Navigation Area; Tampa Bay

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish regulations requiring 
certain vessels to make security broadcasts when approaching or 
reaching reporting points within Tampa Bay. The required security 
broadcasts are expected to minimize the hazards associated with 
navigation in Tampa Bay and enhance safety by making vessel operators 
aware of the movements of other vessels in the area. This action 
proposes to establish permanent regulations governing vessel security 
broadcasts previously followed on a voluntary basis. Required 
participation in the security broadcast program will help prevent 
collisions. A permanent rule will provide the widest availability 
possible to the public and maritime community.

DATES: Comments must be received on or before January 9, 1995.

ADDRESSES: Comments should be mailed to Commanding Officer, Marine 
Safety Office Tampa, 155 Columbia Drive, Tampa, FL 33606-3598. The 
comments and other materials referenced in this notice will be 
available for inspection and copying at 155 Columbia Drive, Tampa, FL, 
telephone (813) 228-2189. Normal office hours are between 7:30 a.m. and 
4 p.m., Monday through Friday, except federal holidays. Comments may 
also be hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade K.R. Slotten, 
Coast Guard Marine Safety Office Tampa at (813) 228-2189.

SUPPLEMENTARY INFORMATION: The Coast Guard encourages interested 
parties to participate in this rulemaking by submitting written data, 
views, or arguments. Persons submitting comments should include their 
names and addresses, identify this notice [CGD07-94-094] and the 
specific section of the proposal to which their comments apply, and 
give reasons for each comment. Receipt of comments will be acknowledged 
if a stamped self-addressed postcard or envelope is enclosed. All 
comments received before the expiration of the comment period will be 
considered before final action is taken on this proposal.
    The proposed rules may be changed in light of the comments 
received. The Coast Guard plans no public hearing, but one may be held 
if written requests for a hearing are received. The requests should 
include reasons why a hearing would be beneficial. If a determination 
is made that the opportunity to make oral presentations will aid the 
rulemaking process, the Coast Guard will hold a public hearing at a 
time and place announced by a later notice in the Federal Register.

Drafting Information

    The drafters of the notice are Lieutenant Commander Janet B. 
Gammon, project officer, Coast Guard Marine Safety Office Tampa, and 
Lieutenant Jacqueline M. Losego, Seventh Coast Guard District Legal 
Office.

Discission of Proposed Regulations

    As the result of marine casualties occurring in the Tampa Bay 
entrance channels, the Greater Tampa Bay Marine Advisory Council has 
proposed that the existing voluntary security broadcast program 
established in the Coast Pilot be made mandatory. This security 
broadcast program gives masters, pilots, and persons in charge of 
vessels real-time information on the density of marine traffic in Tampa 
Bay as required by 33 CFR 164.11(p)(5). The security broadcast program 
also supplements the Vessel Bridge to Bridge Radiotelephone Regulations 
contained in 33 CFR 26. The Captain of the Port has determined that 
these requirements are necessary to reduce the likelihood of any 
adverse incidents while transiting Tampa Bay. The chance of a collision 
will be further minimized by requiring masters, pilots or persons in 
charge of all vessels over 50 meters in length to make security 
broadcasts when approaching or reaching the broadcast/report points 
specifically listed under ``Proposed Regulations.''
    Nothing in these procedures would supersede the Navigation Rules or 
relieve the Master or person in charge of a vessel of responsibility 
for the safe navigation of the vessel.

Regulatory Evaluation

    These regulations are not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this proposal to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary. The security broadcast system has 
been followed on a voluntary basis by primary users for at least five 
(5) years, and all vessels affected are required by 33 CFR 26 to have 
radiotelephone equipment.
    Since the impact of this is expected to be minimal, the Coast Guard 
certifies that it will not have a significant economic impact on a 
substantial number of small entities.

Environmental Impact

    The U.S. Coast Guard, the lead federal agency for purposes of the 
National Environmental Policy Act (NEPA), has determined this action to 
be categorically excluded from further environmental documentation. A 
Categorical Exclusion has been prepared in accordance with Section 
2.B.2.c. of COMDTINST M16475.1B, NEPA Implementing Procedures.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend Part 165 of Title 33, Code of Federal Regulations as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6 and 160.5.

    2. A new Sec. 165.753 is added to read as follows:


Sec. 165.753  Tampa Bay, FL; Regulated Navigation Area.

    (a) Location. The following is a regulated navigation area (RNA): 
All of the navigable waters of Tampa Bay, Hillsborough Bay and Old 
Tampa Bay, including all navigable waterways tributary thereto. Also 
included, are the waters of Egmont Channel, Gulf of Mexico, from Tampa 
Bay to the sea buoy, Tampa Bay Lighted Whistle Buoy T. LLNR 18465.
    (b) Regulations. The master, pilot, or person in charge of any 
vessel of 50 meters or greater in length shall give a security 
broadcast on VHF-FM Channel 13 at the broadcast/reporting points listed 
below:
    (1) Prior to getting underway from any berth or anchorage.
    (2) Prior to entering Egmont Channel from seaward.
    (3) Prior to passing Egmont Key in any direction;
    (4) Prior to transiting the Sunshine Skyway Bridge in either 
direction;
    (5) Prior to transiting, in any direction, the intersection of 
Tampa Bay Cut F Channel, Tampa Bay Cut G Channel and Gadsden Point Cut 
Channel;
    (6) Prior to anchoring or approaching a berth for docking.
    (7) Prior to tending hawser.
    (8) Prior to passing Point Pinellas Channel Light 1 in either 
direction.
    (c) Each security call required by this section shall be made in 
the English language and will contain the following information:
    (1) Name of vessel;
    (2) If engaged in towing, the nature of the tow;
    (3) Present location;
    (4) Direction of Movement; and,
    (5) The nature of any hazardous conditions as defined by 33 CFR 
160.203.
    (d) Nothing in these regulations shall supersede either the 
International Regulations for Preventing Collisions at Sea, 1972 (72 
COLREGS) or the Inland Navigation Rules, as applicable, or relieve the 
Master or person in charge of a vessel of responsibility for the safe 
navigation of the vessel.

    Dated: October 18, 1994.
P.J. Cardaci,
Captain U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 94-27673 Filed 11-7-94; 8:45 am]
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