[Federal Register Volume 67, Number 121 (Monday, June 24, 2002)]
[Rules and Regulations]
[Pages 42483-42486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15792]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP TAMPA-02-053]
RIN 2115-AA97


Security Zones; Tampa Bay and Crystal River, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing temporary security zones in 
Tampa Bay, Tampa, Florida, and Crystal River, Florida. These zones, 
which are based on temporary security zones for vessels, waterfront 
facilities and bridges that will soon expire, are needed to ensure 
public safety and security in the Tampa Bay area. Entry into these 
zones will be prohibited unless authorized by the Captain of the Port, 
or his designated representative.

DATES: This rule is effective from 6:01 p.m. on June 15, 2002 until 
11:59 p.m. October 31, 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 02-053] and are available for inspection or 
copying at Marine Safety Office Tampa, 155 Columbia Drive, Tampa, 
Florida 33606-3598 between 8 a.m. and 3 p.m. Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LCDR David 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, which would 
incorporate a comment period before a final rule could be issued, 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.
    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 will 
issue a broadcast notice to mariners to advise mariners of the 
restriction. The Coast Guard will publish a NPRM proposing to make 
these temporary security zones permanent and requesting public comment.

Background and Purpose

    The terrorist attacks of September 2001 killed thousands of people 
and heightened the need for development of various security measures 
throughout the seaports of the United States, particularly those 
vessels and facilities which are frequented by foreign nationals and 
maintain an interest to national security. Following these attacks by 
well-trained and clandestine terrorists, national security and 
intelligence officials have warned that future terrorists attacks are 
likely. The Captain of the Port of Tampa has determined that these 
security zones are necessary to protect the public, ports, and 
waterways of the United States from potential subversive acts.
    These zones are based on temporary security zones for vessels, 
waterfront facilities and bridges that will soon expire. The following 
five, existing temporary final rules were published in the Federal 
Register:
    Security Zone for Crystal River, FL (66 FR 62940, December 4, 
2001). This rule created a temporary fixed security zone around the 
Florida Power Crystal River nuclear power plant located at the end of 
the Florida Power Corporation Channel, Crystal River, Florida.
    Security Zone Sunshine Skyway Bridge, Tampa, FL (66 FR 65838, 
December 21, 2001). This rule created temporary fixed security zones 
100 feet around all bridge supports and rocky outcroppings at the base 
of the supports

[[Page 42484]]

for the Sunshine Skyway Bridge in Tampa Bay.
    Security Zone Tampa, FL (67 FR 8186, February 22, 2002). This rule 
created temporary security zones 100 yards around moored vessels 
carrying or transferring Liquefied Petroleum Gas (LPG), Anhydrous 
Ammonia (NH3) and/or grade ``A'' and ``B'' flammable liquid cargo. 
Additionally, any vessel transiting within 200 yards of moored vessels 
carrying or transferring Liquefied Petroleum Gas (LPG), Anhydrous 
Ammonia (NH3) and/or grade ``A'' and ``B'' cargo must proceed through 
the area at the minimum speed necessary to maintain safe navigation.
    Security Zone Cruise Ships Tampa, FL (67 FR 10618, March 8, 2002). 
This rule created temporary security zones 100 yards around cruise 
ships moored in the Port of Tampa. Additionally, any vessel transiting 
within 200 yards of a moored cruise ship must proceed through the area 
at the minimum speed necessary to maintain safe navigation.
    Security Zone St. Petersburg Harbor, FL (67 FR 36098, May 23, 
2002). This rule established temporary fixed security zones around all 
Coast Guard and waterfront facilities and moorings in St. Petersburg 
Harbor, FL.
    On December 4, 2001, the Captain of the Port issued a temporary 
rule titled ``Security Zone Moving Cruise Ships, Tampa, FL'' that has 
not yet been published in Federal Register. On April 16, 2002, the 
Captain of the Port issued a temporary rule titled ``Security Zone 
facilities, Tampa, FL'' that has not yet been published in Federal 
Register. [This April 2002 rule was subsequently published on June 14, 
2002 (67 FR 40861).
    This temporary final rule published today combines many security 
zones in the Tampa Bay area into one rule. These zones will be located 
in the following areas:
    (1) Fifty-yard security zones around all piers and waterfront 
facilities in Port Sutton, East Bay, Hooker's Point, Sparkman Channel, 
Ybor Channel and portions of Garrison Channel;
    (2) Two hundred-yard minimal speed zone and a one hundred-yard 
security zone around moored vessels carrying or transferring Liquefied 
Petroleum Gas (LPG), Anhydrous Ammonia (NH3) and/or grade ``A'' and 
``B'' flammable liquid cargo, and moored cruise ships;
    (3) One hundred-yard security zones around all cruise ships east of 
the Tampa Bay ``T'' sea buoy entering or departing Tampa Bay. 
Additionally, any vessel transiting within 200 yards of a moving cruise 
ship must proceed through the area at the minimum speed necessary to 
maintain safe navigation,
    (4) One hundred-feet security zones around Coast Guard waterfront 
facilities and moorings in Saint Petersburg (Bayboro) Harbor;
    (5) All waters of the Florida Power Corporation Channel and Demory 
Gap Channel around the Florida Power Crystal River nuclear power plant; 
and
    (6) One hundred-feet security zones around all bridge supports and 
rocky outcroppings at the base of the supports for the Sunshine Skyway 
Bridge to October 31, 2002, to ensure public safety and security in the 
Tampa Bay area.
    The Coast Guard will, during the effective period of this temporary 
final rule, complete notice and comment rulemaking for permanent 
regulations.

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).
    We expect the economic impact of this rule to be minimal and that a 
full Regulatory Evaluation under paragraph 10e of the regulation 
policies and procedures of DOT is unnecessary. This temporary rule may 
have some impact on the public, but these potential impacts will be 
minimized for the following reasons: there is ample room for vessels to 
navigate around security zones, and there are several locations for 
recreational and commercial fishing vessels to fish throughout the 
Tampa Bay Region, and the Captain of the Port may, on a case-by-case 
basis allow persons or vessels to enter a security zone.

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 the majority of the zones are limited in size, leaving 
ample room for vessels to navigate around the zones. The zones will not 
significantly impact commuter and passenger vessel traffic patterns, 
and mariners will be notified of the zones via local notice to mariners 
and marine broadcasts. Also, the Captain of the Port may allow entrance 
into a zone on a case-by-case basis.

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 this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. 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 modifies existing collection of information 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 $100,000,000 or more in any 
one year. Although this rule will not result in such expenditure, we do 
discuss the

[[Page 42485]]

effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would 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 for inspection or copying 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 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. We invite your 
comments on how this rule might impact tribal governments, even if that 
impact may not constitute a ``tribal implication'' under the Order.

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 and 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T07-053 is added to read as follows:


Sec. 165.T07-053  Security Zones: Tampa Bay, Tampa, Florida, Crystal 
River, Florida.

    (a) The following areas are security zones:
    (1) Florida Power Crystal River Power Plant--The security zone for 
the Florida Power Corporation Channel encompasses the waters within the 
following points: 28 deg.56.87'N, 082 deg.45.17'W (Northwest corner), 
28 deg.57.37'N, 082 deg.41.92'W (Northeast corner), 28 deg.56.81'N, 
082 deg.45.17'W (Southwest corner), and 28 deg.57.32'N, 082 deg.41.92'N 
(Southeast corner). The security zone for the Demory Gap Channel 
encompasses the waters within the following points: 28 deg.57.61'N, 
082 deg.43.42'W (Northwest corner), 28 deg.57.53'N, 082 deg.41.88'W 
(Northeast corner), 28 deg.57.60'N, 082 deg.43.42'W (Southwest corner), 
28 deg.57.51'N, 082 deg.41.88'W (Southeast corner).
    (2) Port of Tampa, Hazardous Cargo Vessels--Temporary security 
zones are established 100 yards around moored vessels carrying or 
transferring Liquefied Petroleum Gas (LPG), Anhydrous Ammonia (NH3) 
and/or grade ``A'' and ``B'' flammable liquid cargoes in the Port of 
Tampa, Florida. Additionally a 200-yard minimal speed zone is created 
around these vessels.
    (3) Port of Tampa, Cruise Ships--Temporary security zones are 
established 100 yards around moored cruise ships in Tampa, Florida. 
Additionally a 200-yard minimal speed zone is created around these 
cruise ships.
    (4) Moving Cruise Ships, Tampa Bay--One hundred-yard security zones 
around all cruise ships east of the Tampa Bay ``T'' sea buoy entering 
or departing Tampa Bay. Additionally, any vessel transiting within 200 
yards of a moving cruise ship must proceed through the area at the 
minimum speed necessary to maintain safe navigation.
    (5) St. Petersburg Harbor Seawall and Moorings--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.
    (6) St. Petersburg Harbor South Moorings--A security zone is 
established for the Coast Guard south moorings in St. Petersburg 
Harbor. The 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.
    (7) Pendola Point to East Bay--Temporary security zones are 
established 50 yards from shoreline or seawall and encompassing all 
piers around facilities commencing at: 27 deg.54.16'N 082 deg.26.11'W, 
east northeast 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.
    (8) Eastern Side of Hookers Point--Temporary security zones are 
established 50 yards from shoreline or seawall and encompassing all 
piers around facilities commencing at: 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.
    (9) Southwestern Hookers Point to Ybor Channel--Temporary security 
zones are established 50 yards from shoreline or seawall and 
encompassing all piers around facilities commencing at: 27 deg.54.74'N 
082 deg.26.47'W, northwest

[[Page 42486]]

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.
    (10) Sunshine Skyway Bridge--The Coast Guard is establishing 
temporary fixed security zones in all waters extending 100 feet around 
all bridge supports and rocky outcroppings at the base of the supports 
for the Sunshine Skyway Bridge in Tampa Bay, located at approximate 
position 27 deg.37'12'' N Latitude, 82 deg.39'20'' W Longitude.
    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 of these 
restrictions via Marine Safety Broadcast on VHF-FM Channel 16 and 13 
(157.1 MHz).
    c. Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.
    d. Dates. This section is effective from 6:01 p.m. on June 15, 2002 
until 11:59 p.m. October 31, 2002.

    Dated: June 7, 2002.
A.L. Thompson, Jr.,
Captain, U.S. Coast Guard, Captain of the Port, Tampa, Florida.
[FR Doc. 02-15792 Filed 6-21-02; 8:45 am]
BILLING CODE 4910-15-P