[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Rules and Regulations]
[Pages 14488-14490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6220]


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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, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending 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 rule will enhance public and 
maritime safety by minimizing meeting and overtaking situations between 
other vessels and LPG vessels.

DATES: This rule is effective April 12, 2001.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket, are part of docket COTP Tampa 00-054 and are 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:

Regulatory History

    On December 6, 2000, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Safety Zone Regulations: Tampa Bay, 
Florida'' in the Federal Register (65 FR 76195). No public hearing was 
requested, and none was held. No comments were received during the 
comment period.

Background and Purpose

    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 amending 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

[[Page 14489]]

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. 
Incorporating these amendments will further enhance safety on the 
waters of Tampa Bay.

Discussion of Comments and Changes

    No comments were received during the comment period and no changes 
have been made to the rule as published in the NPRM.

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 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 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-221), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.

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 
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 implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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 
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. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

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

[[Page 14490]]

when the vessel departs the terminal 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: February 6, 2001.
A.L. Thompson, Jr.,
Captain, U.S. Coast Guard, Captain of the Port, Tampa, Florida.
[FR Doc. 01-6220 Filed 3-12-01; 8:45 am]
BILLING CODE 4910-15-P