[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Rules and Regulations]
[Pages 40861-40863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15185]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP TAMPA 02-046]
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 temporary security zones 
within the Port of Tampa extending 50 yards from the shore or seawall 
and encompassing all piers around facilities in the following 
locations: Port Sutton, East Bay, Hooker's Point, Sparkman Channel, 
Ybor Channel and portions of Garrison Channel. Also, all recreational 
vessels and commercial fishing vessels are prohibited from operating in 
the Port Sutton Terminal Channel area. The

[[Page 40862]]

purpose of these security zones is to safeguard the public and ports 
from destruction, loss, or injury from sabotage or other subversive 
acts. No person or vessel may enter a security zone without permission 
from the Captain of the Port, Tampa, Florida or his designated 
representative.

DATES: This regulation is effective from 6 p.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 02-046 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 McClellan, Coast Guard Marine 
Safety Office Tampa, at (813) 228-2189.

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 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 certain facilities 
within Tampa Bay. These facilities include but are not limited to; 
Cruise Ship Terminals, Liquefied Petroleum Gas (LPG), Anhydrous Ammonia 
(NH3) and/or flammable liquid cargo facilities. Due to the close 
proximity of several facilities in the Port Sutton area, it is 
necessary to restrict all recreational vessels and commercial fishing 
vessels from operating in this area. The zones will be 50 yards from 
shoreline or seawall and encompassing all piers around facilities 
commencing at:
    Zone One: 27 deg. 54.16'N 082 deg.26.11'W, eastnortheast to 
27 deg.54.19'N 082 deg.26.00'W, then northeast to 27 deg.54.37'N 
082 deg.25.72'W Closing off all of Port Sutton Channel to commercial 
and recreational fisherman, then northerly to 27 deg.54.48'N 
082 deg.25.72'W, then northeasterly and terminating at point 
27 deg.55.27'N 082 deg.25.17'W.
    Zone Two: 27 deg.56.05'N 082 deg.25.95'W southwesterly to 
27 deg.56.00'N 082 deg.26.08'W then southerly 27 deg.55.83'N 
082 deg.26.07'W then southeasterly to 27 deg.55.66'N 082 deg.25.73'W 
the south to 27 deg.54.75'N 082 deg.25.74'W then southwesterly and 
terminating at point 27 deg.54.57'N 082 deg.25.86'W.
    Zone Three: 27 deg.54.74'N 082 deg.26.47'W, northwest to 
27 deg.55.25'N 082 deg.26.73'W, then north-northwest to 27 deg.55.60'N 
082 deg.26.80'W, then north-northeast to 27 deg.56.00'N 
082 deg.26.74'W, then northeast 27 deg.56.56'N 082 deg.26.55'W, and 
north to 27 deg.56.84'N 082 deg.26.55'W, west to 27 deg.56.84'N 
082 deg.26.66'W, then southerly to 27 deg.56.65'N 082 deg.26.66'W, 
southwesterly to 27 deg.56.7'N 082 deg.26.7'W then southwesterly and 
terminating at 27 deg.56.53'N 082 deg.26.96'W.
    All positions noted are fixed using the North American Datum of 
1983 (World Geodetic System 1984). Coast Guard and local law 
enforcement patrol vessels will be on scene to enforce these zones. 
Entry into a security zone is prohibited, unless specifically 
authorized by the Captain of the Port, Tampa, Florida.

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 rule would prevent recreational fishing next 
to piers and seawalls of specified facilities in Port Tampa and entry 
into Port Sutton. There remain ample fishing locations for recreational 
fisherman to make use of in the local area. 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 (Public Law 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 information collection requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    A rule has implications 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

[[Page 40863]]

$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 record 
keeping requirements, Security measures, Waterways.

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

PART 165--[AMENDED] 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 Sec. 165.T07-046 is added to read as follows:


Sec. 165.T07-046  Security Zone; Port of Tampa, Tampa Bay, Florida.

    (a) Regulated areas: Temporary security zones are established 50 
yards from shoreline or seawall and encompassing all piers around 
facilities commencing at:
    (1) Zone One: 27 deg.54.16' N 082 deg.26.11' W, eastnortheast to 
27 deg.54.19' N 082 deg.26.00' W, then northeast to 27 deg.54.37' N 
082 deg.25.72' W Closing off all of Port Sutton Channel to commercial 
and recreational fisherman, then northerly to 27 deg.54.48' N 
082 deg.25.72' W, then northeasterly and terminating at point 
27 deg.55.27' N 082 deg.25.17' W. (NAD 83)
    (2) Zone Two: 27 deg.56.05' N 082 deg.25.95' W southwesterly to 
27 deg.56.00' N 082 deg.26.08' W then southerly 27 deg.55.83' N 
082 deg.26.07' W then southeasterly to 27 deg.55.66' N 082 deg.25.73' W 
the south to 27 deg.54.75' N 082 deg.25.74' W then southwesterly and 
terminating at point 27 deg.54.57' N 082 deg.25.86' W. (NAD 83)
    (3) Zone Three: 27 deg.54.74' N 082 deg.26.47' W, northwest to 
27 deg.55.25' N 082 deg.26.73' W, then north-northwest to 27 deg.55.60' 
N 082 deg.26.80' W, then north-northeast to 27 deg.56.00' N 
082 deg.26.74' W, then northeast 27 deg.56.56' N 082 deg.26.55' W, and 
north to 27 deg.56.84' N 082 deg.26.55' W, west to 27 deg.56.84' N 
082 deg.26.66' W, then southerly to 27 deg.56.65' N 082 deg.26.66' W, 
southwesterly to 27 deg.56.7' N 082 deg.26.7' W then southwesterly and 
terminating at 27 deg.56.53' N 082 deg.26.96' W. (NAD 83)
    (b) Regulations: In accordance with the general regulations in 
Sec. 165.33 of this part, entry into these zones 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 is effective from 6 p.m. on May 1, 2002 
until 6 p.m. on June 15, 2002.

    Dated: April 16, 2002.
A.L. Thompson, Jr.,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 02-15185 Filed 6-12-02; 2:26 pm]
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