[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]
BILLING CODE 4910-15-P