[Federal Register Volume 65, Number 235 (Wednesday, December 6, 2000)]
[Proposed Rules]
[Pages 76195-76197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31046]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Tampa 00-054]
RIN 2115-AA97


Safety Zone Regulations: Tampa Bay, Florida

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the regulations for floating 
safety zones around Liquefied Petroleum Gas (LPG) vessels transiting 
the waters of Tampa Bay. This action is necessary due to the opening of 
a new LPG facility in Port Sutton. This proposal will enhance public 
and maritime safety by minimizing meeting and overtaking situations 
between other vessels and LPG vessels.

DATES: Comments and related material must reach the Coast Guard on or 
before February 5, 2001.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Tampa (COTP Tampa 00-054), 155 Columbia Drive, Tampa Florida 
33606. The Waterways Management Branch of Marine Safety Office Tampa 
maintains the public docket for this rulemaking. Comments and material 
received from the public, as well as documents mentioned in this 
preamble as being available in the docket, will become part of this 
docket and will be available for inspection or copying at Marine Safety 
Office Tampa, 155 Columbia Drive, Tampa between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

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:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (COTP Tampa 
00-54), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Coast Guard Marine Safety Office 
Tampa at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    Starting in June 2000, SEA-3, a new LPG facility, started 
operations and expects to receive approximately six (6) LPG vessels per 
year. Prior to the opening of the SEA-3 facility, all LPG vessels 
calling on Tampa Bay received a safety zone in accordance with 33 CFR 
165.704. To enhance public and marine safety and to minimize meeting 
and overtaking situations, the Coast Guard is looking to amend the 
safety zone transit requirements for LPG vessels by adding a new 
section that mirrors the established safety zone requirements for 
Anhydrous Ammonia (NH3) vessels that call on Port Sutton. The current 
LPG regulations which start at Tampa Bay Cut ``J'' provide safety zone 
requirements for LPG vessels calling at the LPG facility located at 
Rattlesnake and will remain as is, except for standardizing the moving 
safety zone size which will minimize confusion and provided consistency 
throughout all of the port's safety zones. The revisions include 
standardizing the safety zone surrounding LPG vessels from 500 yards to 
1000 yards and replacing the safety zone extending 50 feet waterside 
while the vessel is moored, with a requirement calling for passing 
vessels to provide a 30 minute notification allowing the LPG vessel 
time to take appropriate safety precautions.
    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,

[[Page 76196]]

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. Incorporating these amendments will 
further enhance safety on the 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 
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 approximately six 
(6) times per year in a limited area of Tampa Bay. Meeting or 
overtaking of the vessel is permitted between Gadsden Cut buoys #3 and 
#7; therefore, the impact on other waterway users is expected to be 
minimum.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-221), we want to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501-3520.).

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. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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 
proposed rule and concludes that, 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 33 CFR 
part 165, 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; 49 CFR 1.46 and 33 
CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5.

    2. Revise Sec. 165.704 to read as follows:


Sec. 165.704  Safety Zone; Tampa Bay, Florida.

    (a) A floating safety zone is established consisting of an area 
1000 yards fore and aft of a loaded Liquefied Petroleum Gas (LPG) 
vessel and the width of the channel in the following areas. Any vessels 
desiring to enter the safety zone must obtain authorization from the 
Captain of the Port Tampa.
    (1) For vessels loaded with LPG and bound for the LPG receiving 
terminal in Port Sutton the safety zone starts at Tampa Bay Cut ``F'' 
Channel from Lighted Buoys ``3F'' and ``4F'' and proceeds north ending 
at Gadsden Point Cut Lighted Buoys ``3'' and ``4''. The safety zone 
starts again at Gadsden Point Cut Lighted Buoys ``7'' and ``8'' and 
proceeds north through Hillsborough Cut ``C'', Port Sutton Entrance 
Channel, and ends at the Port Sutton LPG facility.
    (2) For vessels loaded with LPG and bound for the LPG receiving 
terminal in Rattlesnake the safety zone starts at Tampa Bay Cut ``J'' 
Channel from lighted buoy ``10J'' and proceeds north through Tampa Bay 
Cut ``K'' Channel to buoy ``11K.'' When a loaded LPG vessel departs the 
marked channel at Tampa Bay Cut ``K'' buoy ``11K'' enroute to 
Rattlesnake, Tampa, FL, the floating safety zone extends 500 yards in 
all directions surrounding the loaded LPG vessel, until it arrives at 
the entrance to Rattlesnake. While the loaded LPG vessel is maneuvering 
in the Rattlesnake slip and until it is safely moored at the LPG 
facility, the floating safety zone extends 150 feet fore and aft of the 
loaded LPG vessel and the width of the slip. Moored vessels are allowed 
within the parameters of the 150-foot safety zone.
    (b) The floating safety zone is disestablished when the LPG carrier 
is safely moored at the LPG receiving facility.
    (c) For outbound tank vessels loaded with LPG, the safety zone is 
established when the vessel departs the terminal

[[Page 76197]]

and continues through the area described in paragraph (a) of this 
section.
    (d) All vessels over 5000 gross tons intending to pass LPG vessels 
moored in Port Sutton, and all vessels intending to pass LPG vessels 
moored in Rattlesnake, must give 30 minutes notice to the LPG vessel so 
it may take appropriate safety precautions.
    (e) The general regulations governing safety zones contained in 
Sec. 165.23 apply.
    (f) The Coast Guard Captain of the Port Tampa will notify the 
maritime community of periods during which these safety zones will be 
in effect by providing advance notice of scheduled arrivals and 
departures of loaded LPG vessels via a marine broadcast Notice to 
Mariners.
    (g) Should the actual time of entry of the LPG vessel into the 
safety zone vary more than one half (\1/2\) hour from the scheduled 
time stated in the broadcast Notice to Mariners, the person directing 
the movement of the LPG vessel shall obtain permission from Captain of 
the Port Tampa before commencing the transit.
    (h) Prior to commencing the movement, the person directing the 
movement of the LPG vessel shall make a security broadcast to advise 
mariners of the intended transit. All additional security broadcasts as 
recommended by the U.S. Coast Pilot 5, ATLANTIC COAST, shall be made 
throughout the transit.
    (i) Vessels carrying LPG are permitted to enter and transit Tampa 
Bay and Hillsborough Bay and approaches only with a minimum of three 
miles visibility.
    (j) The Captain of the Port Tampa may waive any of the requirements 
of this subpart for any vessel upon finding that the vessel or class of 
vessel, operational conditions, or other circumstances are such that 
application of this subpart is unnecessary or impractical for purposes 
of port safety or environmental safety.
    (k) The owner, master, agent or person in charge of a vessel or 
barge, loaded with LPG shall report, at a minimum, the following 
information to the Captain of the Port Tampa at least twenty-four (24) 
hours before entering Tampa Bay, its approaches, or departing Tampa 
Bay:
    (1) The name and country of registry of the vessel or barge;
    (2) The name of the port or place of departure;
    (3) The name of the port or place of destination;
    (4) The estimated time that the vessel is expected to begin its 
transit of Tampa Bay and the time it is expected to commence its 
transit of the safety zone(s); and
    (5) The cargo carried and amount.

    Dated: September 28, 2000.
A.L. Thompson, Jr.,
Captain, Coast Guard, Captain of the Port, Tampa, Florida.
[FR Doc. 00-31046 Filed 12-5-00; 8:45 am]
BILLING CODE 4910-15-U