[Federal Register Volume 65, Number 37 (Thursday, February 24, 2000)]
[Rules and Regulations]
[Pages 9220-9221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4374]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Tampa 99-042]
RIN 2115 AA97


Safety Zone; Tampa Bay, Tampa, Florida

AGENCY: Coast Guard, DOT

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the permanent regulations for 
floating safety zones around Anhydrous Ammonia (NH3) vessels transiting 
the waters of Tampa Bay. These revisions will allow for nighttime 
vessel transits, and will replace the requirement for a safety zone at 
the berth, with a requirement to provide 30 minute advanced notice to 
the NH3 vessel or facility. Safety improvements in Tampa Bay have 
alleviated the need for such restrictions.

DATES: This section becomes effective March 27, 2000.

FOR FURTHER INFORMATION CONTACT: Lieutenant Warren Weedon, Chief, 
Waterways Management Branch at (813) 228-2189.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On August 31, 1999, the Coast Guard published a notice of proposed 
rulemaking on this amendment to the permanent safety zones around 
Anhydrous Ammonia (NH3) vessels transiting Tampa Bay in the Federal 
Register (64 FR 47752). No comments were received during the comment 
period.

Background and Purpose

    After extensive discussions from the Tampa Bay Harbor Safety 
Committee and the formation of a Safety Zone Subcommittee consisting of 
Coast Guard representatives, vessel agents, pilots, tug operators and 
port authority representatives, recommendations were forwarded to the 
Coast Guard Captain of the Port to amend the regulations for NH3 
vessels transiting the Port of Tampa.

[[Page 9221]]

    In 1991, Coast Guard Marine Safety Office Tampa temporarily amended 
the transit requirements for Anhydrous Ammonia (NH3) vessels, through 
Port Community Information Bulletin (PCIB) 6-91 which allowed NH3 
vessels to enter and transit the Port of Tampa during the nighttime 
with a minimum of three mile visibility. It also replaced the safety 
zone extending 150 feet waterside while the vessel is moored, with a 
requirement calling for vessels over 5000 gross tons to provide a 30 
minute notification allowing the NH3 vessel time to take appropriate 
safety precautions. PCIB 6-91 has been replaced with a case by case 
waiver from the current regulations, utilizing the operational 
restriction initially identified in the PCIB. The Captain of the Port 
is now incorporating these proven operational guidelines into the 
permanent regulations.
    In the late 1980's and early 1990's, many safety changes were made 
to the port, including the widening and deepening of the shipping 
channels, installation of centerline range marks, inbound and outbound, 
an increased brightness in range lights and a new Vessel Traffic 
Advisory System (VTAS). These changes have enhanced the level of safety 
on the navigable waters of Tampa Bay.

Regulatory Evaluation

    This rule 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 the 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
This regulation already exists. The amended rule will have minimal 
effects on vessel traffic as it will only extend the hours of operation 
to include the nighttime.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
field and governmental jurisdictions with populations of less than 
50,000.
    Therefore, the Coast Guard certifies under section 605(b) that this 
rule will not have a significant effect upon a substantial number of 
small entities, as this regulation will only be in effect approximately 
twice a week for two hours in a limited area of the Port of Tampa.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, and it has been determined 
that the rulemaking does not have sufficient Federalism implications 
under that order.

Environmental Assessment

    The Coast Guard has considered the environmental impact of this 
action and has determined under Figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1C, that this rule is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination has been prepared and is available in the 
docket for inspection and copying.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports 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]

    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.

    2. Revise Sec. 165.703 (b) and (g) to read as follows:


Sec. 165.703  Safety Zone; Tampa Bay, Florida.

* * * * *
    (b) All vessels over 5000 gross tons intending to pass anhydrous 
ammonia vessels moored in Port Sutton, and all vessels intending to 
moor in the R. E. Knight facilities at Hookers Point while an anhydrous 
ammonia vessel is moored in this facility, must give 30 minutes notice 
to the anhydrous ammonia vessel so it may take appropriate safety 
precautions.
* * * * *
    (g) Vessels carrying anhydrous ammonia are permitted to enter and 
transit Tampa and Hillsborough Bay and approaches only with a minimum 
of three miles visibility.
* * * * *

    Dated: February 8, 2000.
A.L. Thompson, Jr.,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 00-4374 Filed 2-23-00; 8:45 am]
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