[Federal Register Volume 67, Number 76 (Friday, April 19, 2002)]
[Rules and Regulations]
[Pages 19333-19335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9680]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP TAMPA-02-024]
RIN 2115-AA97


Security Zone; Port of Tampa, Tampa, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary fixed security 
zone in all waters extending in the vicinity of MacDill Air Force Base 
(AFB). This security zone is needed for national security reasons to 
protect MacDill AFB from potential subversive acts. Entry into this 
zone is prohibited, unless specifically authorized by the Captain of 
the Port, Tampa, Florida, or his designated representative.

DATES: This regulation is effective at 7 a.m. on April 1, 2002 and will 
remain in effect until 7 a.m. on June 15, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of [COTP Tampa-02-024] and are available for inspection or 
copying at Marine Safety Office Tampa, 155 Columbia Drive, Tampa, 
Florida 33606-3598 between 7:30 a.m. and 3 p.m. Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR Michael Holland, Coast Guard 
Marine Safety Office Tampa, at (813) 228-2189 extension 130.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 3, 2001 we published a temporary final rule in the 
Federal Register entitled Security zone; Port of Tampa, Tampa, FL (66 
FR 60151). That

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temporary rule was extended by COTP Tampa-02-006 which expired on April 
1, 2002.
    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a NPRM. Publishing a NPRM and delaying 
its effective date would be contrary to the public interest since 
immediate action is needed to protect the public, ports and waterways 
of the United States. The Coast Guard will issue a broadcast notice to 
mariners and place Coast Guard or other law enforcement vessels in the 
vicinity of these zones to advise mariners of the restriction.
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.
    The Coast Guard created these temporary zones to allow the Army 
Corps of Engineers to develop a restricted area around this military 
installation. Since the restricted area is not complete, the Coast 
Guard finds that immediate action is necessary to ensure the security 
of this military installation.

Background and Purpose

    Based on the September 11, 2001, terrorist attacks on the World 
Trade Center buildings in New York and the Pentagon in Arlington, 
Virginia, there is an increased risk that subversive activity could be 
launched by vessels or persons in close proximity to MacDill Air Force 
Base. This security zone will encompass all waters in the vicinity of 
MacDill Air Force Base commencing from a point at 27 deg. 50.20' N, 
82 deg. 32.14' W; extending to a point at 27 deg. 49.60' N, 82 deg. 
32.14' W; then south-easterly 1,000 yards from shore to a point at 
27 deg. 48.90' N, 82 deg. 28.20' W; then circling 1,000 yards from 
shore to a point at 27 deg. 51.51' N, 82 deg. 28.60' W; then westerly 
to end at a point at 27 deg. 51.51' N, 82 deg. 29.18' W. All positions 
noted are fixed using the North American Datum of 1983 (World Geodetic 
System 1984). The Coast Guard will issue a broadcast notice to mariners 
regarding this security zone and what law enforcement vessels will be 
on-scene enforcing the zone. Entry into this security zone is 
prohibited, unless specifically authorized by the Captain of the Port, 
Tampa, Florida or his designated representative.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that order. The Office of Management and Budget has not 
reviewed it 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) because this rule is in effect 
for a limited period of time and vessels may be allowed to enter the 
zone with the express permission of the Captain of the Port of Tampa.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
effect upon 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 fields, 
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 because small entities may be allowed to enter on a case by 
case basis with the authorization of the Captain of the Port of Tampa.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    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 calls for no new collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    A rule has implication for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

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.

Environmental

    The Coast Guard considered the environmental impact of this rule 
and concluded under Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial

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direct effect on one or more Indian tribes, on the relationships 
between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or use. We have determined that it is not a ``significant 
energy action'' under Executive Order 12866 and is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. It has not been designated by the Administrator of the Office 
of Information and Regulatory Affairs as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165, as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T07-024 is added to read as follows:


Sec. 165.T07-024  Security Zone; Port of Tampa, Tampa Florida.

    (a) Regulated area. The Coast Guard is establishing a temporary 
fixed security zone in all waters in the vicinity of MacDill Air Force 
Base commencing from a point at 27 deg.50.20' N, 82 deg.32.14' W; 
extending to a point at 27 deg.49.60' N, 82 deg.32.14' W; then south-
easterly 1,000 yards from shore to a point at 27 deg.48.90' N, 
82 deg.28.20' W; then circling 1,000 yards from shore to a point at 
27 deg.51.51' N, 82 deg.28.60' W; then westerly to end at a point at 
27 deg.51.51' N, 82 deg.29.18' W. All positions noted are fixed using 
the North American Datum of 1983 (World Geodetic System 1984).
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into this zone is prohibited except as 
authorized by the Captain of the Port, or his designated 
representative. The Captain of the Port will notify the public via 
Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 13 and 
16 (157.1 MHz).
    (c) Dates. This section becomes effective at 7 a.m. on April 1, 
2002 and will remain in effect until 7 a.m. on June 15, 2002.

    Dated: March 27, 2002.
S.J. Ferguson,
Acting Commander, Coast Guard, Captain of the Port, Tampa, FL.
[FR Doc. 02-9680 Filed 4-18-02; 8:45 am]
BILLING CODE 4910-15-P