[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Rules and Regulations]
[Pages 36098-36099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13005]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP TAMPA-02-022]
RIN 2115-AA97


Security Zones; Port of St. Petersburg, St. Petersburg, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary fixed security zones 
encompassing all waters around all Coast Guard and waterfront 
facilities and moorings in St. Petersburg Harbor, St. Petersburg, 
Florida. These security zones are needed for national security reasons 
to protect Coast Guard vessels and facilities from potential subversive 
acts. Entry into these zones is prohibited, unless specifically 
authorized by the Captain of the Port, Tampa, Florida or his designated 
representative.

DATES: This rule is effective from 7 a.m. on May 1, 2002, until 6 p.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 02-022] 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: LT David G. McClellan, Coast Guard 
Marine Safety Office Tampa, at (813) 228-2189 extension 102.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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 
the rule's 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.

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 Coast Guard Group 
St. Petersburg or the Army National Guard Base in St. Petersburg 
Harbor, St. Petersburg, Florida. These security zones will encompass 
all waters on the north side of channel serving St. Petersburg Harbor, 
commencing at dayboard ``10'' in approximate position 27 deg.45.58# N, 
082 deg.37.52# W, and westward along the seawall 100 feet from the 
seawall and around all moorings and vessels to the end of the storage 
facility in approximate position 27 deg.45.68# N, 082 deg.37.80# W. The 
zones will also include the Coast Guard south moorings in St. 
Petersburg Harbor. This zone will extend 100 feet around the piers 
commencing from approximate position 27 deg.45.52# N, 082 deg.37.96# W 
to 27 deg.45.52# N, 082 deg.37.60# W. All positions noted are fixed 
using the North American Datum of 1983 (World Geodetic System 1984). 
The southern boundary of the zone is shoreward of a line between Green 
Daybeacon 11(LLN 2500) westerly to the entrance to Salt Creek. 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).

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.

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

[[Page 36099]]

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.

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 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 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, 6.04-11, 160.5; 49 CFR 1.46.


    2. A new temporary  165.T07-022 is added to read as 
follows:


 165.T07-022  Security Zones; Port of St. Petersburg, Florida.

    (a) Regulated area. The Coast Guard is establishing temporary fixed 
security zones in all waters north of the marked channel in St. 
Petersburg Harbor, St. Petersburg, Florida. These security zones will 
encompass all waters on the north side of channel serving St. 
Petersburg Harbor, commencing at dayboard ``10'' in approximate 
position 27 deg.45.58# N, 082 deg.37.52# W, and westward along the 
seawall 100 feet from the seawall and around all moorings and vessels 
to the end of the storage facility in approximate position 
27 deg.45.68# N, 082 deg.37.80# W. These zones will also include the 
Coast Guard south moorings in St. Petersburg Harbor. This zone will 
extend 100 feet around the piers commencing from approximate position 
27 deg.45.52# N, 082 deg.37.96# W to 27 deg.45.52# N, 082 deg.37.60# W. 
All positions noted are fixed using the North American Datum of 1983 
(World Geodetic System 1984). The southern boundary of the zone is 
shoreward of a line between Green Daybeacon 11(LLN 2500) westerly to 
the entrance to Salt Creek.
    (b) Regulations. In accordance with the general regulations in 
 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 Broadcast on VHF-FM Channel 16 and 13 (157.1 MHz).
    (c) Dates. This section is effective from 7 a.m. on May 1, 2002 
until 6 p.m. on June 15, 2002.

    Dated: April 16, 2002.
A.L. Thompson, Jr.,
Captain, Coast Guard, Captain of the Port, Tampa.
[FR Doc. 02-13005 Filed 5-22-02; 8:45 am]
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