[Federal Register Volume 68, Number 29 (Wednesday, February 12, 2003)]
[Proposed Rules]
[Pages 7093-7096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3460]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Tampa 02-053]
RIN 2115-AA97
Security Zones; Tampa, Saint Petersburg, Port Manatee,
Rattlesnake, Old Port Tampa and Crystal River, Florida
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish permanent security zones
in Tampa, Saint Petersburg, Port Manatee, Rattlesnake, Old Port Tampa
and Crystal River, Florida. These zones, which are similar to the
existing temporary security zones for vessels, waterfront facilities
and bridges, are needed to ensure public safety and security in the
greater Tampa Bay area. Entry into these zones would be prohibited
unless authorized by the Captain of the Port, or their designated
representative.
DATES: Comments and related material must reach the Coast Guard on or
before April 14, 2003.
ADDRESSES: You may mail comments and related material to Marine Safety
Office Tampa [COTP Tampa 02-053], 155 Columbia Drive Tampa, Florida
33606. The Waterways Management Branch of Marine Safety Office Tampa
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket and will be available for inspection or copying at Coast Guard
Marine Safety Office Tampa between 9 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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [COTP Tampa
02-053], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8.5 by 11 inches, suitable for copying. If you would like to know that
your submission reached us, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Coast Guard Marine Safety Office
Tampa at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a separate notice in the
Federal Register.
Background and Purpose
The terrorist attacks of September 11, 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 are of 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 proposed security zones are similar to the existing temporary
security zones established for vessels, waterfront facilities and
bridges that will soon expire. The following seven, existing temporary
final rules, which are similar to the ones we propose to make
permanent, were published in the Federal Register:
Security Zone for Crystal River, FL (66 FR 62940, December 4,
2001). This temporary rule created temporary fixed security zones
around the Florida Power Crystal River nuclear power plant located at
the end of the Florida Power Corporation Channel and the Demory Gap
Channel, Crystal River, Florida.
Security Zone Sunshine Skyway Bridge, Tampa, FL (66 FR 65838,
December 21, 2001). This temporary rule created temporary fixed
security zones 100 feet around all bridge supports and rocky
outcroppings at the base of the supports for the Sunshine Skyway Bridge
in Tampa Bay.
Security Zone Tampa, FL (67 FR 8186, February 22, 2002). This
temporary rule created temporary security zones 100 yards around moored
[[Page 7094]]
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 temporary 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 temporary rule established temporary fixed security zones
100 feet around seawalls, moorings, and vessels at Coast Guard and
waterfront facilities and moorings in St. Petersburg Harbor, FL.
On April 16, 2002, the Captain of the Port issued a temporary rule
titled ``Security Zone facilities, Tampa, FL'' that was published in
the Federal Register on June 14, 2002 (67 FR 40861). This temporary
zone created a security zone 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, the security zone closed of all
of Port Sutton Channel.
On December 4, 2001, the Captain of the Port issued a temporary
rule titled ``Security Zone Moving Cruise Ships, Tampa, FL'' that was
published in the Federal Register on June 24, 2002 (67 FR 42483). This
temporary zone created a security zone 100 yards around all cruise
ships transiting Tampa Bay.
On June 24, 2002, we published a temporary final rule (67 FR 42483)
extending many of these temporary rules until October 31, 2002.
On October 30, 2002, the Captain of the Port issued a temporary
final rule extending many of these temporary rules until February 28,
2003.
Discussion of Proposed Rule
The Coast Guard proposes to make the security zones, detailed in
paragraph (a) of the regulatory text below, permanent.
Regulatory Evaluation
This proposed 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 proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary because there
is ample room for vessels to navigate around the security zones and the
Captain of the Port may allow vessels to enter the zones, on a case-by-
case basis with the express permission of the Captain of the Port of
Tampa or their designated representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities because the majority of the zones are limited
in size and leave ample room for vessels to navigate around the zones.
The zones will not significantly impact commuter and passenger vessel
traffic patterns, and vessels may be allowed to enter the zones, on a
case-by-case basis, with the express permission of the Captain of the
Port of Tampa or their designated representative.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically effect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would effect your small business, organization, or
governmental 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 proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (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 proposed 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed 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 proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice
[[Page 7095]]
Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately effect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship 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 proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Effect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory 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.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. Add Sec. 165.760 to read as follows:
Sec. 165.760 Security Zones; Tampa Bay, Saint Petersburg, Port
Manatee, Rattlesnake, Old Port Tampa and Crystal River, Florida
(a) Location. The following areas, denoted by coordinates fixed
using the North American Datum of 1983 (World Geodetic System 1984),
are security zones:
(1) Security Zone, Rattlesnake, Tampa, FL: A permanent security
zone commencing at position 27[deg] 53.32'N, 082[deg] 32.05'W north to
27[deg] 53.36'N, 082[deg] 32.05'W encompassing all waters east and
south of this line in Rattlesnake, Tampa, Florida.
(2) Security Zone, Old Port Tampa, Tampa, FL: The security zone is
bounded by the following points: 27[deg] 51.62'N, 082[deg] 33.14'W east
to 27[deg] 51.71'N, 082[deg] 32.5'W north to 27[deg] 51.76'N, 082[deg]
32.5'W west to 27[deg] 51.73'N, 082[deg] 33.16'W and south to 27[deg]
51.62'N, 082[deg] 33.14'W closing off Old Port Tampa channel.
(3) Security Zone, Sunshine Skyway Bridge, Tampa, FL. 100-foot
security zones around all bridge supports, dolphins and rocky
outcroppings. The zones will be bounded on the northern side of the
bridge at pier 135, (24 N), 27[deg] 37.85' N, 082[deg] 39.78' W,
running south under the bridge to pier 88, (24 S) 27[deg] 36.59' N,
082[deg] 38.86' W. Visual identification of the zone can be defined as
to the areas to the north and south where the bridge structure begins a
distinct vertical rise.
(4) Security Zone, Vessels Carrying Hazardous Cargo, Tampa, FL.
Fixed security zones 200 yards around moored vessels carrying or
transferring Liquefied Petroleum Gas (LPG), Anhydrous Ammonia (NH3)
and/or grade ``A'' and ``B'' flammable liquid cargo. Any vessel
transiting within the outer 100 yards of the zone for moored vessels
carrying or transferring Liquefied Petroleum Gas (LPG), Anhydrous
Ammonia (NH3) and/or grade ``A'' and ``B'' cargo may operate unless
otherwise directed by the Captain of the Port or his designee but must
proceed through the area at the minimum speed necessary to maintain
safe navigation. No vessel may enter the inner 100 yard portion of the
security zone closest to the vessel.
(5) Security Zones, Cruise Ships, Piers, Seawalls, and Facilities,
Port of Tampa and Port Manatee, FL. Fixed 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,
Port Manatee, and portions of Garrison Channel. The security zones will
be divided into four zones.
(i) Zone One: The security zone is bounded by the following points:
27[deg]54.15'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, then northerly to 27[deg]
54.48'N, 082[deg] 25.70'W, then northeasterly and terminating at point
27[deg] 55.27'N, 082[deg] 25.17'W.
(ii) Zone Two: The security zone is bounded by the following
points: 27[deg] 56.05'N, 082[deg] 25.95'W, southwesterly to 27[deg]
56.00'N, 082[deg] 26.07'W, then southerly to 27[deg] 55.83'N, 082[deg]
26.07'W, then southeasterly to 27[deg] 55.55'N, 082[deg] 25.75'W, then
south to 27[deg] 54.75'N, 082[deg] 25.75'W, then southwesterly and
terminating at point 27[deg] 54.57'N, 082[deg] 25.86'W.
(iii) Zone Three: The security zone is bounded by the following
points: 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]
26.75'W, then northeast 27[deg] 56.58'N, 082[deg] 26.53'W, and north to
27[deg] 57.29'N, 082[deg] 26.51'W, west to 27[deg] 57.29'N, 082[deg]
26.61'W, then southerly to 27[deg] 56.65'N, 082[deg] 26.63'W,
southwesterly to 27[deg] 56.58'N, 082[deg] 26.69'W, then southwesterly
and terminating at 27[deg] 56.53'N, 082[deg] 26.90'W.
(iv) Zone Four: The security zone encompasses all piers and
seawalls of the cruise terminal berths 9 and 10 in Port Manatee,
Florida beginning at 27[deg] 38.00'N, 082[deg] 33.81'W continuing east
to 27[deg] 38.00'N, 082[deg] 33.53'W.
(v) Zone Five: Moving security zones 200 yards around all cruise
ships entering or departing the Port of Tampa, Port of Saint
Petersburg, and Port Manatee, in Tampa Bay, Florida. These security
zones are activated on the inbound transit when a cruise ship passes
the Tampa Lighted Whistle Buoy ``T'', located at 27[deg] 35.35'N,
083[deg] 00.71'W and terminate when the vessel is moored at a cruise
ship terminal. The security zones are activated on the
[[Page 7096]]
outbound transit when a cruise ship gets underway from a terminal and
terminates when the cruise ship passes the Tampa Lighted Whistle Buoy
``T'', located at 27[deg] 35.35'N, 083[deg] 00.71'W. Any vessel
transiting within the outer 100 yards of the zone for a cruise ship may
operate unless otherwise directed by the Captain of the Port or his
designee but must proceed through the area at the minimum speed
necessary to maintain safe navigation. No vessel may enter the inner
100 yard portion of the security zone closest to the vessel.
(vi) Zone Six: Fixed security zones are established 200 yards
around moored cruise ships in Tampa, Saint Petersburg, and Port
Manatee, Florida. Any vessel transiting within the outer 100 yards of
the zone of moored cruise ships may operate unless otherwise directed
by the Captain of the Port or his designee but must proceed through the
area at the minimum speed necessary to maintain safe navigation. No
vessel may enter the inner 100 yard portion of the security zone
closest to the vessel.
(6) Saint Petersburg Harbor, FL. A fixed security zone encompassing
all waters of Saint Petersburg Harbor (Bayboro Harbor), commencing on
the north side of the channel at dayboard ``10'' in approximate
position 27[deg] 45.56'N, 082[deg] 37.55'W, and westward along the
seawall 50 yards from the seawall and around all moorings and vessels
to the end of the cruise ship terminal in approximate position 27[deg]
45.72'N, 082[deg] 37.97'W. The zone will also include the Coast Guard
south moorings in Saint Petersburg Harbor. The zone will extend 50
yards around the piers commencing from approximate position 27[deg]
45.51'N, 082[deg] 37.99'W to 27[deg] 45.52'N, 082[deg] 37.57'W. The
southern boundary of the zone is shoreward of a line between the
entrance to Salt Creek easterly to Green Daybeacon 11 (LLN 2500).
(7) Security Zone for Crystal River, FL: A permanent security zone
is established around the Florida Power Crystal River nuclear power
plant located at the end of the Florida Power Corporation Channel,
Crystal River, Florida, encompassing 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'W
(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).
(b) Regulations. (1) Entry into or remaining within these zones is
prohibited unless authorized by the Coast Guard Captain of the Port,
Tampa, Florida or that officer's designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 813-228-2189/91 or
on VHF channel 16 to seek permission to transit the area. If permission
is granted, all persons and vessels must comply with the instructions
of the Captain of the Port or their designated representative.
(c) Definition. As used in this section, cruise ship means a vessel
required to comply with 33 CFR part 120.
(d) 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.
Dated: January 10, 2003.
James M. Farley,
Captain, U.S. Coast Guard, Captain of The Port, Tampa, Florida.
[FR Doc. 03-3460 Filed 2-11-03; 8:45 am]
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