[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