[Federal Register Volume 68, Number 170 (Wednesday, September 3, 2003)]
[Rules and Regulations]
[Pages 52340-52343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22370]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Tampa 02-053]
RIN 1625-AA00


Security Zones; Tampa Bay, Port of Tampa, Port of Saint 
Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, and Crystal 
River, Florida

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing security zones in Tampa Bay, 
Port of Tampa, Port of Saint Petersburg, Port Manatee, Rattlesnake, Old 
Port Tampa, and Crystal River, 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 final rule is effective on September 3, 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 02-053] 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 February 12, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zones; Tampa, Saint Petersburg, Port 
Manatee, Rattlesnake, Old Port Tampa and Crystal River, Florida'' in 
the Federal Register (68 FR 7093). We did not receive any letters 
commenting on the proposed rule. No public hearing was requested, and 
none was held. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register. 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 and the 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 from time to time to advise mariners of these restrictions.

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 temporary security zones 
established for vessels, waterfront facilities and bridges that were 
previously published in the Federal Register (68 FR 14328, March 25, 
2003).

Discussion of Comments and Changes

    No comments were received. Therefore no substantive changes have

[[Page 52341]]

been made to the proposed rule. We have only made minor wording changes 
which provide improved descriptions of the regulated area and make the 
regulation easier to read.

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 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 of Tampa 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 that 
officer's 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 that 
officer's 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 process.
    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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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.

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, from further environmental documentation. Because it is a 
security zone, this rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Instruction, from further environmental 
documentation. A final ``Environmental Analysis Check List'' and a 
final ``Categorical Exclusion Determination'' are 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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

[[Page 52342]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues 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.  165.760 to read as follows:


Sec.  165.760  Security Zones; Tampa Bay, Port of Tampa, Port of Saint 
Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big Bend, Weedon 
Island, 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) Rattlesnake, Tampa, FL. All waters, from surface to bottom, in 
Old Tampa Bay east and south of a line 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.
    (2) Old Port Tampa, Tampa, FL. All waters, from surface to bottom, 
in Old Tampa Bay encompassed by a line connecting 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 the Old Port Tampa channel.
    (3) Sunshine Skyway Bridge, Tampa, FL. All waters in Tampa Bay, 
from surface to bottom, 100-feet around all bridge supports, dolphins 
and rocky outcroppings bounded on the northern portion of the bridge at 
pier 135, (also designated 24N which is the 24th pier north of the 
center span), 27[deg]37.85' N, 082[deg]39.78' W, running south under 
the bridge to pier 88, (also designated 24S which is the 24th pier 
south of the center span) 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) Vessels Carrying Hazardous Cargo, Tampa, FL. All waters, from 
surface to bottom, 200 yards around vessels moored in Tampa Bay 
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) Piers, Seawalls, and Facilities, Port of Tampa, Port Sutton and 
East Bay. All waters, from surface to bottom, extending 50 yards from 
the shore, seawall and piers around facilities in Port Sutton and East 
Bay within the Port of Tampa encompassed by a line connecting 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.
    (6) Piers, Seawalls, and Facilities, Port of Tampa, East Bay and 
the eastern side of Hooker's Point. All waters, from surface to bottom, 
extending 50 yards from the shore, seawall and piers around facilities 
on East Bay and on the East Bay Channel within the Port of Tampa 
encompassed by a line connecting 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.
    (7) Piers, Seawalls, and Facilities, Port of Tampa, on the western 
side of Hooker's Point. All waters, from surface to bottom, extending 
50 yards from the shore, seawall and piers around facilities on 
Hillsborough Bay Cut ``D'' Channel, Sparkman Channel, Ybor Turning 
Basin, and Ybor Channel within the Port of Tampa encompassed by a line 
connecting 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 to 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.
    (8) Piers, Seawalls, and Facilities, Port of Manatee. All waters, 
from surface to bottom, within the Port of Manatee extending 50 yards 
from the shore, seawall and piers around facilities. This 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.
    (9) Moving Cruise Ships in the Port of Tampa, Port of Saint 
Petersburg, and Port Manatee, Florida. All waters, from surface to 
bottom, extending 200 yards around all cruise ships entering or 
departing Port of Tampa, Port of Saint Petersburg, or Port Manatee, 
Florida. These temporary 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 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.
    (10) Moored Cruise Ships in the Port of Tampa, Port of Saint 
Petersburg, and Port Manatee, Florida. All waters, from surface to 
bottom, extending 200 yards around moored cruise ships in the Ports of 
Tampa, Saint Petersburg, or 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.
    (11) Saint Petersburg Harbor, FL. All waters, from surface to 
bottom, extending 50 yards from the seawall and around all moorings and 
vessels in 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 to 
the end of the cruise 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).

[[Page 52343]]

    (12) Crystal River Nuclear Power Plant. All waters, from surface to 
bottom, around the Florida Power Crystal River nuclear power plant 
located at the end of the Florida Power Corporation Channel, Crystal 
River, Florida, encompassed by a line connecting 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).
    (13) Crystal River Demory Gap Channel. All waters, from surface to 
bottom, in the Demory Gap Channel in Crystal River, Florida, 
encompassed by a line connecting 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); and 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: August 1, 2003.
James M. Farley,
Captain, U.S. Coast Guard, Captain of The Port, Tampa, Florida.
[FR Doc. 03-22370 Filed 9-2-03; 8:45 am]
BILLING CODE 4910-15-P