[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Rules and Regulations]
[Pages 58519-58520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29049]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD07-94-094]
RIN 2115-AE84


Regulated Navigation Area; Tampa Bay, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a regulation requiring certain 
vessels to make a navigation advisory broadcast when approaching or 
reaching points within Tampa Bay. The required navigation advisory 
broadcasts are designed to minimize the hazards associated with 
navigation in Tampa Bay and enhance safety be making vessel operators 
aware of the movements of other vessels in the area. This action 
establishes a permanent regulation which requires vessel navigational 
advisory broadcasts that have previously been voluntary.

EFFECTIVE DATE: This rule is effective on December 28, 1995.

FOR FURTHER INFORMATION CONTACT:
LT Dirk Greene, Coast Guard Marine Safety Office Tampa at (813) 228-
2189.

SUPPLEMENTARY INFORMATION: On November 8, 1994, the Coast Guard 
published a notice of proposed rulemaking in the Federal Register for 
this regulation (Volume 59, No. 215, FR 55602). Interested parties were 
requested to submit comments and none were received.

Drafting Information

    The drafters of this regulation are LT Dirk A. Greene, project 
officer for Coast Guard Marine Safety Office, Tampa, and LTJG Julia 
Diaz, project attorney, Seventh Coast Guard District Legal Office.

Discussion of Comments

    Marine Safety Office Tampa did not receive any comments by the end 
of the comment period, January 9, 1995. The Tampa Bay Pilots 
Association responded after the comment period was over requesting a 
minor change in the order of information broadcast. This change has 
been made. The words ``Navigational Advisory Broadcasts'' replace the 
words ``Security Broadcasts'' to reflect requirements contained in the 
Federal Communication Commission regulations. These changes are 
considered minor and do not change the intent of the regulation as 
published in the NPRM.

Discussion of Regulations

    As the result of marine casualties occurring in the Tampa Bay 
entrance channels, the existing voluntary navigational advisory 
broadcast program established in the Coast Pilot will be made 
mandatory. This navigational advisory broadcast program gives master, 
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 navigational advisory 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 navigational advisory 
broadcasts when approaching or reaching the broadcast/report points 
specifically listed under ``Final 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.

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the rulemaking does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Economic Assessment and Certification

    This regulation is 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 action to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is not necessary. The security broadcast system has 
been followed on a voluntary basis 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 Assessment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2. of Commandant Instruction 
M16475.1B, this rule is categorically excluded from further 
environmental documentation. A Categorical Exclusion checklist has been 
prepared and is available.

List of Subjects in 33 CFR Part 165

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

Final Regulations

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

PART 165--[AMENDED]

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

    1. A new section 165.753 is added to read as follows:


Sec. 165.753  Regulated navigation area; Tampa Bay, Florida.

    (a) The following is a regulated navigation area (RNA): All 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 
seabuoy, Tampa Lighted Whistle Buoy T, LLNR 18465.
    (b) The master, pilot, or person in charge of any vessel of 50 
meters or greater shall give a Navigational Advisory Broadcast in 
accordance with 47 CFR 80.331 on VHF-FM channel 13 at the following 
broadcast/reporting points:
    (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 Skyway Bridge in either direction;
    (5) Prior to transiting 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;

[[Page 58520]]

    (7) Prior to tending hawser;
    (8) Prior to transiting Point Pinellas Channel Light 1 in either 
direction.
    (c) Each Navigational Advisory required by this section shall be 
made in the English language and will contain the following 
information:
    (1) The words ``Hello all vessels, a Navigational Advisory 
follows'';
    (2) Name of vessel;
    (3) If engaged in towing, the nature of the tow;
    (4) Direction of Movement;
    (5) Present location; and,
    (6) The nature of any hazardous conditions as defined by 33 CFR 
160.203.
    (d) Nothing in this section 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 the vessel of responsibility for the safe 
navigation of the vessel.

    Dated: October 19, 1995.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 95-29049 Filed 11-27-95; 8:45 am]
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