[Federal Register Volume 68, Number 155 (Tuesday, August 12, 2003)]
[Rules and Regulations]
[Pages 47852-47854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20469]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Tampa-03-080]
RIN 1625-AA00


Security Zones; Tampa Bay, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard has established security zones in Tampa Bay, 
Florida, immediately adjacent to power facilities at Big Bend, and 
Weedon Island. 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 September 1, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket [COTP Tampa-03-080] 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 History

    On April 18, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zones; Tampa Bay, Florida'' in the Federal 
Register (68 FR 19166). We did not receive any letters commenting on 
the proposed rule. No public hearing was requested, and none was held.

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 waters around power facilities in Tampa Bay that 
will soon expire. The following temporary final rule, temporary final 
rule correction, and notice of proposed rulemaking were published in 
the Federal Register:
    Security Zones; Tampa Bay, Port of Tampa, Port of Saint Petersburg, 
Port Manatee, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and 
Crystal River, FL. (68 FR 15328, March 25, 2003). This temporary final 
rule established 15 security zones including security zones at Weedon 
Island and Big Bend Power Facilities. These zones were extended through 
June 30, 2003.
    Security Zones; Tampa Bay, Port of Tampa, Port of Saint Petersburg, 
Port Manatee, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and 
Crystal River, FL; Correction. (68 FR 17291, April 9, 2003) This 
correction to the temporary final rule published in March 2003 in (68 
FR 14328) changed the size of the security zone around the Big Bend 
Power facility and corrected erroneous descriptions of coordinates at 
both the Big Bend and Weedon Island Power facilities.
    A notice proposing permanent security zones around Weedon Island 
and Big Bend Power facilities and soliciting comments on this proposal 
was published in the Federal Register (68 FR 19166, April 18, 2003). 
The comment period on the proposed rule concluded on June 17, 2003.

Discussion of Comments and Changes

    No comments were received therefore no substantive changes have 
been made to the rule. We did, however, update the phone number for 
contacting the COTP.

Discussion of the Rule

    The Coast Guard is establishing two permanent security zones in 
waters immediately adjacent to power facilities at Big Bend, and Weedon 
Island in Tampa Bay, Florida, to ensure public safety and security in 
the greater Tampa Bay area. Entry into or remaining within

[[Page 47853]]

these zones will 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 security zone must 
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 the COTP designated representative.

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. No significant changes have been made to the rule.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. 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 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. Therefore, the Coast Guard certifies 
under 5 U.S.C. 605(b) that this final rule will not have a significant 
economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking.
    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 will 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 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 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.

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 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, of this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction from further 
environmental documentation. 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.


[[Page 47854]]



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. 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 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. 03-20469 Filed 8-11-03; 8:45 am]
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