[Federal Register Volume 68, Number 75 (Friday, April 18, 2003)]
[Proposed Rules]
[Pages 19166-19168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9650]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Tampa 03-060]
RIN 1625-AA00


Security Zones; Tampa Bay, Florida

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish security zones in the 
waters immediately adjacent to power facilities at Big Bend, and Weedon 
Island in Tampa Bay, Florida. These zones 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 June 17, 2003.

ADDRESSES: You may mail comments and related material to Marine Safety 
Office Tampa, U.S. Coast Guard, 155 Columbia Drive, Tampa, Florida 
33606. The Operations Department 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 [COTP Tampa 03-060] 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 
03-060], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. If you submit 
them by mail and would like to know that they reached the Marine Safety 
Office, 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 one to the Coast Guard 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 later 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 
proposed security zones would 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 these waterfront facilities that will 
soon expire.
    On March 7, 2003, the Captain of the Port issued a temporary rule 
titled ``Security Zones; Tampa Bay, Port of

[[Page 19167]]

Tampa, Port of Saint Petersburg, Port Manatee, Rattlesnake, Old Port 
Tampa, Big Bend, Weedon Island, and Crystal River, FL'' that was 
published in the Federal Register on March 25, 2003 (68 FR 14328; 
correction published April 9, 2003, 68 FR 17291). This temporary final 
rule created a security zone, from surface to bottom, extending 50 
yards from the shore, seawalls and piers around the Big Bend Power 
Facility, prohibiting persons or vessels from entering the Big Bend 
Power Facility. The same temporary final rule created a security zone, 
from surface to bottom, extending 50 yards from the shore, seawalls and 
piers around the Weedon Island Power Facility, prohibiting persons or 
vessels from entering the suction and discharge canals at the power 
facility.

Discussion of Proposed Rule

    The Coast Guard proposes to make the following security zones 
permanent:
    (1) Big Bend, Tampa Bay, Florida. All waters of Tampa Bay, from 
surface to bottom, adjacent to the Big Bend Power Facility, and within 
an area bounded by a line connecting the following points: 
27[deg]47.85' N, 082[deg]25.02' W then east and south along the shore 
and pile to 27[deg]47.63' N, 082[deg]24.70' W then north along the 
shore to 27[deg]48.02' N, 082[deg]24.70' W then north and west along a 
straight line to 27[deg]48.12' N, 082[deg]24.88' W then south along the 
shore and pile to 27[deg]47.85' N, 082[deg]25.02' W, closing off 
entrance to the Big Bend Power Facility.
    (2) Weedon Island, Tampa Bay, Florida. All waters of Tampa Bay, 
from surface to bottom, extending 50 yards from the shore, seawall and 
piers around the Power Facility at Weedon Island encompassed by a line 
connecting the following points: 27[deg]51.52' N, 082[deg]35.82' W then 
north and east along the shore to 27[deg]51.54' N, 082[deg]35.78' W 
then north to 27[deg]51.68' N, 082[deg]35.78' W then north to 
27[deg]51.75' N, 082[deg]35.78' W closing off entrance to the canal 
then north to 27[deg]51.89' N, 082[deg]35.82' W then west along the 
shore to 27[deg]51.89' N, 082[deg]36.10' W then west to 27[deg]51.89' 
N, 082[deg]36.14' W closing off entrance to the canal.
    Entry into or remaining within these zones would be prohibited 
unless authorized by the Coast Guard Captain of the Port, Tampa, 
Florida or that officer's designated representative. Persons desiring 
to transit the area of the security zone would have to contact the 
Captain of the Port at telephone number 727-824-7531 or on VHF channel 
16 to seek permission to transit the area. If permission is granted, 
all persons and vessels would need to comply with the instructions of 
the Captain of the Port or their designated representative.

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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation 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 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 affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 affect 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.

[[Page 19168]]

Civil Justice Reform

    This proposed 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.

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 affect 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 Affect 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping 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; Department of Homeland Security 
Delegation No. 0170.

    2. Add Sec.  165.764 to read as follows:


Sec.  165.764  Security Zones; Big Bend and Weedon Island Power 
Facilities, Tampa Bay, 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) Big Bend, Tampa Bay, Florida. All waters of Tampa Bay, from 
surface to bottom, adjacent to the Big Bend Power Facility, and within 
an area bounded by a line connecting the following points: 
27[deg]47.85' N, 082[deg]25.02' W then east and south along the shore 
and pile to 27[deg]47.63' N, 082[deg]24.70' W then north along the 
shore to 27[deg]48.02' N, 082[deg]24.70' W then north and west along a 
straight line to 27[deg]48.12' N, 082[deg]24.88' W then south along the 
shore and pile to 27[deg]47.85' N, 082[deg]25.02' W, closing off 
entrance to the Big Bend Power Facility.
    (2) Weedon Island, Tampa Bay, Florida. All waters of Tampa Bay, 
from surface to bottom, extending 50 yards from the shore, seawall and 
piers around the Power Facility at Weedon Island encompassed by a line 
connecting the following points: 27[deg]51.52' N, 082[deg]35.82' W then 
north and east along the shore to 27[deg]51.54' N, 082[deg]35.78' W 
then north to 27[deg]51.68' N, 082[deg]35.78' W then north to 
27[deg]51.75' N, 082[deg]35.78' W closing off entrance to the canal 
then north to 27[deg]51.89' N, 082[deg]35.82' W then west along the 
shore to 27[deg]51.89' N, 082[deg]36.10' W then west to 27[deg]51.89' 
N, 082[deg]36.14' W closing off entrance to the canal.
    (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 727-824-7531 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) 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: April 10, 2003.
James. M. Farley,
Captain, U.S. Coast Guard, Captain of The Port, Tampa, Florida.
[FR Doc. 03-9650 Filed 4-17-03; 8:45 am]
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