[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