[Federal Register Volume 61, Number 64 (Tuesday, April 2, 1996)]
[Proposed Rules]
[Pages 14518-14520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7957]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP TAMPA 95-016]
RIN 2115-AA97
Safety Zone; Tampa Bay, Hillsborough Bay and Approaches, FL
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish regulations
governing the movement of vessels with a beam greater than 110 feet
within Tampa Bay and Hillsborough Bay, Florida and their approaches. In
view of the safety hazards to the harbor, vessels and structures
associated with wide beam
[[Page 14519]]
vessels, the Coast Guard deems it necessary to control the movement of
these vessels and to establish safety zones surrounding these vessels
in prescribed areas under certain conditions. The purpose of this
action is to establish regulations governing vessel movement procedures
that were previously implemented on a case by case basis with Captain
of the Port Orders. By establishing this proposed permanent rule
companies would be aware of the scheduled wide beam transits and would
be able to adjust their movements accordingly and avoid incidents that
pose safety hazards.
DATES: Comments must be received on or before June 3, 1996.
ADDRESSES: Comments should be mailed to Commanding Officer, Marine
Safety Office Tampa, 155 Columbia Drive, Tampa, Florida, 33606-3598.
The comments will be available for inspection and copying at 155
Columbia Drive, Tampa, Florida, 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 that address.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Dirk A. Greene, Coast Guard Marine Safety Office Tampa at
(813) 228-2189.
SUPPLEMENTARY INFORMATION: By establishing a permanent rule, the Coast
Guard will enhance public notice of the rule. Companies aware of
scheduled wide beam transits can adjust movements of their vessels to
avoid incidents that pose safety hazards. Interested persons are
invited to participate in this rulemaking by submitting written views,
data or arguments. Persons submitting comments should include their
names and addresses, identify this notice (COTP Tampa 95-016) 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
rule may be changed in light of the comments received. No public
hearing is planned, but one may be held if written requests for a
hearing are received and it is determined that the opportunity to make
oral presentations will aid the rulemaking process.
Discussion of Proposed Regulations
Wide beam vessels are defined as all vessels with a beam of 110
feet or greater, with drafts restricting them to narrow ship channels.
Historically, these vessels have posed added safety hazards to the
harbor, vessels, and structures due to their limited ability to
maneuver in narrow channels, navigate sharp turns, and pass other large
vessels within Tampa Bay, Hillsborough Bay and approaches. In order to
reduce the likelihood of any adverse incidents associated with the
passage of these vessels in Tampa Bay, Hillsborough Bay and their
approaches, the Coast Guard proposes that moving safety zones be
implemented around all such vessels in these areas. The proposed moving
safety zone would consist of an area around the vessel the width of the
channel and 1000 yards fore and aft of the vessel. The safety zone
would be in effect as the inbound wide beam passes Mullet Key Channel
buoy 23 and 24 and would remain in effect until the vessel is moored.
The proposed safety zone would be in effect anytime the vessel is
underway intrabay until the vessel passes Mullet Key Channel buoy 23
and 24 outbound. The precaution of a moving safety zone is deemed
necessary, because vessels with a wide beam have limited ability to
take evasive action when operating within the confines of the main ship
channel. The likelihood of collision would be minimized by eliminating
meeting, overtaking or crossing situations in the affected channels.
Vessels would not be permitted to meet or overtake the wide beam vessel
while it is underway. By establishing these proposed moving safety
zones, the Coast Guard expects to minimize the risk of collision on the
Tampa Bay, Hillsborough Bay and approaches.
Regulatory Evaluation
This proposed rulemaking 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 proposal to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary. The conditions outlined herein
for moving wide beam vessels in Tampa Bay have been followed through
utilization of Captain of the Port Orders for at least five (5) years.
Since the impact of this proposed rule 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.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
action and has determined pursuant to Section 2.B.2. of Commandant
Instruction M16475.1B that this action is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination and Environmental Analysis Checklist are available in the
docket for inspection or copying.
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:
1. The authority citation for Part 165 continues to read as
follows:
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.
Sec. 165.754 Tampa Bay, Hillsborough Bay and Approaches, FL.
(a) A moving safety zone is established around any vessel
restricted to the channel with a beam exceeding 110 feet during its
transit of Tampa Bay and Hillsborough Bay. The moving safety zone
consists of an area around the vessel the width of the channel and 1000
yards fore and aft of the vessel.
(1) The safety zone is established when a wide beam vessel passes
Mullet Key Channel buoys 23 and 24 (LLNR 1445 and LLNR 1446) inbound
and at all times when the vessel is under way within Tampa Bay and
Hillsborough Bay.
(2) The safety zone is disestablished when the wide beam vessel
passes
[[Page 14520]]
Mullet Key Channel buoys 23 and 24 (LLNR 1445 and LLNR 1146) outbound.
(b) No vessel shall enter the safety zone without the permission of
the Captain of the Port Tampa.
(c) The general regulations governing safety zones contained in 33
CFR Sec. 165.23 apply.
(d) Any vessel with a beam greater than 110 feet shall give Coast
Guard Marine Safety Office Tampa a minimum of 24 hours notice of its
intended arrival, departure, and berth transfer within Tampa Bay.
(e) Marine Safety Office Tampa will notify the marine community of
periods during which a safety zone will be in effect by providing
advance notice of scheduled arrivals and departures of wide beam
vessels via a marine broadcast Notice to Mariners.
(f) If a vessel with a beam greater than 110 feet begins its
transit more than a hour and a half from the scheduled time stated in
the Broadcast Notice to Mariners, the vessel shall notify and obtain
permission from the Captain of the Port Tampa before commencing its
inbound or outbound transit, or departing its berth to shift to another
berth.
(g) The Captain of the Port Tampa may waive any of the requirements
of this section for any vessel upon finding that the vessel or class of
vessel, operational conditions, or other circumstances make the
application of this section unnecessary or impractical for purposes of
port safety or environmental protection.
Dated: March 19, 1996.
R.W. Harbert,
Captain, U.S. Coast Guard, Captain of the Port Tampa.
[FR Doc. 96-7957 Filed 4-1-96; 8:45 am]
BILLING CODE 4910-14-M