[Federal Register Volume 68, Number 155 (Tuesday, August 12, 2003)]
[Rules and Regulations]
[Pages 47854-47856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20467]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Tampa-03-079]
RIN 1625-AA00


Security Zones; Tampa Bay, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary security zones in 
Tampa Bay, at Big Bend, and Weedon Island, Florida. These zones are 
needed to ensure public safety and security in the greater Tampa Bay 
area. Entry into these zones is prohibited unless authorized by the 
Captain of the Port, or their designated representative.

DATES: This rule is effective from July 23, 2003, through August 31, 
2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP Tampa-03-079] 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 Heath Hartley, Coast Guard Marine 
Safety Office Tampa, at (813) 228-2189 extension 123.

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 an NPRM. Publishing an NPRM and 
delaying the effective date of this rule would be contrary to the 
public interest since immediate action is needed to continue 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. 
We did issue an NPRM on April 18, 2003, concerning security zones in 
the vicinity of Big Bend and Weedon Island (68 FR 19166) and anticipate 
the final rule will become effective on September 1, 2003.
    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 published a NPRM proposing a permanent 
rule for security zones in these same locations and requesting public 
comment. The comment period for the proposed permanent rule ended on 
June 17, 2003.

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 security zones are similar to the existing temporary security 
zones established for power facilities that will soon expire. A 
temporary final rule was published on March 23, 2003 (68 FR 14328), 
creating a temporary security zone around the Weedon Island and Big 
Bend Power Facilities. These zones expired at approximately 11:59 p.m. 
on June 30, 2003.

Discussion of Rule

    This temporary rule establishes security zones in areas covered by 
a past temporary rule to ensure consistent security of facilities, and 
infrastructure throughout the Tampa Captain of the Port Zone. One 
security zone will encompass a portion of water adjacent to the Big 
Bend Power Plant in Tampa Bay, Florida. The zone encompasses all waters 
of Tampa Bay, from surface to bottom, shoreward of 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

[[Page 47855]]

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.
    We are establishing another zone adjacent to the Weedon Island 
Power Plant in Tampa Bay, Florida. The zone encompasses 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 shoreward 
of 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. No 
person or vessel may enter the zone without the permission of the 
Captain of the Port.

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 Homeland 
Security (DHS).
    We expect the economic impact of this 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 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. The majority of the zones is 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 (Pub. L. 104-121), we want to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking. If the 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 rule calls 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 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. 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 would not affect 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.

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 might 
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 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 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 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. The Administrator of the Office

[[Page 47856]]

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 M16475.1D, 
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. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES. Under 
figure 2-1, paragraph (34)(g), of the Instruction, an ``Environmental 
Analysis Check List'' and a ``Categorical Exclusion Determination'' are 
not required for this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
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

0
1. The authority citation for part 165 is revised to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From July 23, 2003, through August 31, 2003, add Sec.  165.T07-079 
to read as follows:


Sec.  165.T07-079  Security Zones; 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) In accordance with the general regulation in 
33 CFR 165.33, entry into or remaining within these zones is prohibited 
unless authorized by the Coast Guard Captain of the Port, Tampa, 
Florida or their 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) 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: July 23, 2003.
James M. Farley,
Captain, U.S. Coast Guard, Captain of the Port, Tampa, Florida.
[FR Doc. 03-20467 Filed 8-11-03; 8:45 am]
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