[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Rules and Regulations]
[Pages 39923-39926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13665]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Tampa 05-079]
RIN 1625-AA00, AA87


Safety and Security Zone; Tampa Bay, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety and 
security zone on the waters within Tampa Bay, Florida, including 
Sparkman Channel, Garrison Channel (east of the Beneficial Bridge), 
Ybor Turning Basin, and Ybor Channel. This rule is necessary to protect 
participants and spectators from the hazards associated with the 
recurring launch of fireworks from a barge on the navigable waters and 
to protect the security of the Tampa Bay, Florida port infrastructure 
from potential subversive acts by vessels or persons during these 
fireworks events.

DATES: This rule is effective from 8:35 p.m. on June 24, 2005 through 
12:25 a.m. on January 1, 2006. Comments and related material must reach 
the Coast Guard on or before September 12, 2005.

ADDRESSES: You may mail comments and related material to Coast Guard 
Marine Safety Office Tampa, 155 Columbia Drive, Tampa, Florida 33606-
3598. The Waterways Management Division 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 
7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer 
Andrew at Coast Guard Marine Safety Office Tampa (813) 228-2191 Ext 
8203.

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 a NPRM, which would 
incorporate a comment period before a final rule could be issued and 
delay the rule's effective date, is contrary to public interest because 
immediate action is necessary to protect the public and waters of the 
United States. The Coast Guard would be unable to effectively ensure 
safety and security on the navigable waters in the vicinity of the Port 
during these fireworks events without this safety and security zone in 
place.
    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 and will place Coast Guard vessels 
in the vicinity of this zone to advise mariners of the restriction.

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

[[Page 39924]]

this rulemaking (COTP Tampa 05-079), 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\1/2\ 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 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

    Downtown Tampa Attractions Association will be conducting thirteen 
recurring fireworks demonstrations in the Port of Tampa Bay, Florida. 
This rule is needed to protect spectator craft in the vicinity of the 
fireworks presentation from the hazards associated with the storage, 
preparation and launching of fireworks. Also, since the fireworks 
demonstrations will be conducted near several major port facilities, 
the nature of these recurring events could increase the port's 
vulnerability to possible terrorist activities compromising the 
security of the port. The recurring events provide a repetitive and 
predictable situation that persons intending to conduct subversive acts 
could use to mask their activities. Further, the nature of the 
repetitive and predictable fireworks events could desensitize already 
established security measures by providing a possible distraction to 
those protecting nearby facilities.

Discussion of Proposed Rule

    The safety and security zone encompasses the following waters 
within Tampa Bay: Sparkman Channel, Garrison Channel (east of the 
Beneficial Bridge), Ybor Turning Basin, and Ybor Channel. This rule 
restricts vessels from entering, remaining within, anchoring, mooring 
or transiting the safety and security zone without the express 
permission of the Captain of the Port or his designated representative. 
Vessels and persons that receive permission to enter the safety and 
security zone must comply with the instructions of the Captain of the 
Port or his or her designated representative and must not proceed 
closer than 120 yards, in any direction, from the fireworks launch 
barge located in approximate position 27[deg]56'28'' N, 082[deg]26'45'' 
W, without obtaining further permission from the Captain of the Port or 
his designated representative. This rule will be effective from 8:35 
p.m. on June 24, 2005 through 12:25 a.m. on January 1, 2006. The safety 
and security zone will only be enforced from 8:35 p.m. until 9:20 p.m. 
on June 24, July 1, July 4, July 8, July 15, July 22, July 29, August 
5, August 12, August 19, August 26, September 4, 2005 and from 11:40 
p.m. December 31, 2005 until 12:25 a.m. on January 1, 2006.

Regulatory Evaluation

    This temporary final 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. The rule will only be enforced for forty-five 
minutes on each of the thirteen listed dates when fireworks displays 
are planned. Moreover, vessels may still enter the safety and security 
zone with the express permission of the Captain of the Port Tampa or 
his 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. This rule will affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit Sparkman Channel, Garrison Channel (east of the Beneficial 
Bridge), Ybor Turning Basin, and Ybor Channel from 8:35 p.m. until 9:20 
p.m. on June 24, July 1, July 4, July 8, July 15, July 22, July 29, 
August 5, August 12, August 19, August 26, September 4, 2005, and from 
11:40 p.m. December 31, 2005 until 12:25 a.m. on January 1, 2006.
    This safety and security zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This rule will only be enforced for forty-five minutes on each 
of the thirteen listed dates when fireworks displays are planned. 
Moreover, vessels may still enter the safety and security zone with the 
express permission of the Captain of the Port Tampa or his designated 
representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the 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 identified in the FOR 
FURTHER INFORMATION CONTACT.
    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

[[Page 39925]]

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 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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. A final ``Environmental Analysis Check 
List'' and a final ``Categorical Exclusion Determination'' will be 
available in the docket where indicated under ADDRESSES. Comments on 
this section will be considered before we make the final decision on 
whether to categorically exclude this rule from further environmental 
review.

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 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. From June 24, 2005 through January 1, 2006, add Sec.  165.T07-079 to 
read as follows:


Sec.  165.T07-079  Safety and Security Zone; Tampa Bay, Florida.

    (a) Regulated area. The following area is a safety and security 
zone: All waters of Tampa Bay, from surface to bottom, within the 
following: Garrison Channel, east of an imaginary line connecting point 
1: 27[deg]56'31'' N, 082[deg]26'58'' W; south to point 2: 
27[deg]56'26'' N, 082[deg]26'58'' W; and including Ybor Turning Basin, 
Ybor Channel, and all waters in Sparkman Channel north of an imaginary 
line connecting point 3: 27[deg]55'32'' N, 082[deg]26'56'' W, east to 
point 4: 27[deg]55'32'' N, 082[deg]26'48'' W. All coordinates 
referenced use datum: NAD 83
    (b) Regulations. (1) Vessels and persons are prohibited from 
entering, remaining within, anchoring, mooring or transiting this zone 
unless authorized by the Coast Guard Captain of the Port Tampa or his 
designated representative.
    (2) Persons desiring to transit the regulated area may contact the 
Captain of the Port at telephone number 813-228-2191 ext 8101 or on VHF 
channel 16 (156.8 MHz) to seek permission. Vessels and persons that 
receive permission to enter or remain within the safety and security 
zone must comply with the instructions of the Captain of the Port or 
his or her designated representative and must not, in any event, 
proceed closer than 120 yards, in any direction, from the fireworks 
launch barge located in approximate position 27[deg]56'28'' N, 
082[deg]26'45'' W, without obtaining further permission from the 
Captain of the Port or his designated representative.
    (c) Definitions. The following definitions apply to this section:
    Designated representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers and other officers 
operating Coast Guard vessels, and federal, state, and local officers 
designated by or assisting the Captain of the Port (COTP), Tampa, 
Florida, in the enforcement of the regulated navigation areas and 
security zones.
    (d) Enforcement period. This safety and security zone will be 
enforced from 8:35 p.m. until 9:20 p.m. on June 24, July 1, July 4, 
July 8, July 15, July 22, July 29, August 5, August 12, August 19, 
August 26, September 4, 2005, and from 11:40 p.m. December 31, 2005 
until 12:25 a.m. on January 1, 2006.


[[Page 39926]]


    Dated: June 20, 2005.
J.M. Farley,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 05-13665 Filed 7-11-05; 8:45 am]
BILLING CODE 4910-15-P