[Federal Register Volume 65, Number 159 (Wednesday, August 16, 2000)]
[Rules and Regulations]
[Pages 49915-49917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20783]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Tampa 00-061]
RIN 2115-AA97


Safety Zone Regulations: Tampa Bay, Florida

AGENCY: Coast Guard, DOT.

ACTION:  Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters within Tampa Bay, Florida. The safety zone is needed to ensure 
the safe transit of the Liquefied Petroleum Gas (LPG) tank ships 
through Tampa Bay and into the SEA-3 facility located at berth 30. Any 
vessel desiring to enter the safety zone must obtain permission from 
the Captain of the Port, Tampa, Florida. All vessels over 5000 gross 
tons intending to pass the LPG vessel moored in Port Sutton must give 
30 minutes notice to the LPG vessel so it may take appropriate safety 
precautions.

 DATES: This rule is effective from June 26, 2000 until November 30, 
2000.

FOR FURTHER INFORMATION CONTACT: Commanding Officer, Marine Safety 
Office Tampa, 155 Columbia Drive, Tampa, Florida 33606, Attention: 
Lieutenant Warren Weedon, or phone (813) 228-2189 ext 101.

SUPPLEMENTARY INFORMATION:

[[Page 49916]]

Background and Purpose

    LPG carriers are scheduled to transit through Tampa Bay and into a 
new LPG facility located on Port Sutton Channel. Due to the hazards to 
other vessels and to the public associated with carrying LPG product, 
the Coast Guard is establishing a moving safety zone. The safety zone 
will mirror the current guidelines for vessels carrying anhydrous 
ammonia that are currently calling on the Port of Tampa. The Safety 
Zone will also prohibit vessels from entering within 1000 yards fore or 
aft of the vessel during its transit.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
has not been published for these regulations and good cause exists for 
making them effective in less than 30 days after Federal Register 
publication. Publishing a NPRM and delaying its effective date would be 
contrary to national safety interests since immediate action is needed 
to minimize potential danger to the public, as the updated information 
concerning the time and location of the transit was received 10 days 
before the transit.

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 
proposal to be so minimal that a full regulatory evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This regulation is needed to ensure public safety in a 
limited area of Tampa Bay.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612 et seq.), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``Small 
entities'' comprises small businesses and 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities as the regulations will only be in effect for two (2) hours on 
a limited area of Tampa Bay and meeting or overtaking of the vessel is 
permitted between Gadsden Cut buoys #3 and #7.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-221), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees of the Coast Guard. Small businesses may send comments on 
the actions of Federal employees who enforce, or otherwise determine 
compliance with Federal regulations to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of the Coast 
Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

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

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking disproportionately affect children.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or safety that may disproportionately affect children.

Environment

    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.

List of Subjects in 33 CFR Part 165

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

    In consideration of the foregoing, the Coast Guard amends Subpart C 
of 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. 1271; 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. Temporary Sec. 165.T07-061 is added to read as follows:


Sec. 165.T07-061  Safety Zone; Tampa Bay, Florida.

    (a) Regulated area. A safety zone is established 1000 yards forward 
and aft of the LPG vessel and the entire width of the channel, 
prohibiting meeting or overtaking the LPG vessel starting at Tampa Bay 
Channel Cut ``F'' buoys ``3 & 4'' through Gadsden Point Cut, 
Hillsborough Bay Cut ``A & C'', Port Sutton Entrance Channel and into 
the SEA-3 facility located at berth 30, Port Sutton Channel. The vessel 
will broadcast the exact time of the transit and the safety zone upon 
arrival. Any vessel desiring to enter the safety zone must obtain 
permission from the Captain of the Port, Tampa, Florida. All vessels 
over 5000 gross tons intending to pass the LPG vessel while moored in 
Port Sutton must give 30 minutes notice to the LPG vessel so it may 
take appropriate safety precautions.

[[Page 49917]]

    (b) Regulations. In accordance with the general regulations in 
Sec. 165.27 of this part, entry into this zone is prohibited to all 
vessels without the prior permission of the Coast Guard Captain of the 
Port.
    (c) Enforcement period. This rule activates when the LPG vessel 
enters the safety zone starting at Tampa Bay Channel Cut ``F'' buoys 
``3 & 4'' and terminates when the vessel moors at the SEA-3 facility, 
berth 30, Port Sutton Channel.
    (d) Effective date. This section is effective from June 26, 2000 
until 30 November 2000.

    Dated: June 26, 2000.
A.L. Thompson, Jr.,
Captain, U.S. Coast Guard, Captain of the Port, Tampa, Florida.
[FR Doc. 00-20783 Filed 8-15-00; 8:45 am]
BILLING CODE 4910-15-M