[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Rules and Regulations]
[Pages 1280-1282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-20]



[[Page 1280]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2007-0062]
RIN 1625-AA87


Security Zone; Tampa Bay, Port of Tampa, Port of St. Petersburg, 
Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and Crystal 
River; FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing revisions to certain security 
zones within the Captain of the Port Sector St. Petersburg Zone 
(formerly the Captain of the Port Tampa Zone). The purpose of these 
revisions is to ensure the security of vessels, facilities, and the 
surrounding areas within these zones. Entry into the area encompassed 
by these revised security zones is prohibited without permission of the 
Captain of the Port or a designated representative.

DATES: This rule is effective February 7, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [USCG-2007-0062] and are available for inspection or 
copying at Coast Guard Sector St. Petersburg, Prevention Department, 
155 Columbia Drive, Tampa, FL 33606-3598 between 7:30 a.m. and 3:30 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lt. Ronaydee Marquez, Waterways 
Management Division, Sector St. Petersburg, FL (813) 228-2191 Ext 8307.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On November 6, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled ``Security Zone; Tampa Bay, Port of Tampa, Port of St. 
Petersburg, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and 
Crystal River, FL'' in the Federal Register (72 FR 62609). We received 
no letters in the mail commenting on the proposed rule and no comments 
in the www.regulations.gov electronic docket. No public meeting was 
requested, and none was held.

Background and Purpose

    The Maritime Transportation Security Act authorized the 
establishment of Area Maritime Security Committees (AMSC) that 
``advise, consult with, report to, and make recommendations'' on 
matters relating to maritime security in an AMSC's port area. See 46 
U.S.C. 70112(a)(2) and 33 CFR 103.205. One topic the Tampa Bay AMSC 
discussed is the existing security zones established soon after the 
terrorist attacks of September 11, 2001. See 68 FR 47852, August 12, 
2003, and 68 FR 52340, September 3, 2003.
    These existing security zones were established in 2003 and codified 
in 33 CFR 165.760 and 165.764 by the Captain of the Port Tampa. As 
stated in the notice of proposed rulemaking published November 6, 2007, 
in this rulemaking, there were a number of temporary security zone 
rules issued before these two final rules. See 68 FR 7093, February 12, 
2003, and 68 FR 19166, April 18, 2003.
    Some of the security zones in Sec. Sec.  165.760 and 165.764 were 
suspended from July 26, 2007, until January 1, 2008, and revised, and 
temporary security zones were made effective during this same period. 
See 72 FR 45162, August 13, 2007. These temporary changes were made 
based on the newly-developed Maritime Security Risk Analysis tool 
utilized by the AMSC. A temporary final rule [USCG-2007-0097] published 
elsewhere in today's Federal Register extended these changes from 
January 2, 2008, until February 7, 2008, when this final rule becomes 
effective.
    A Tampa Bay AMSC working group evaluated risk to the maritime 
transportation system (MTS) within Tampa Bay, and assessed various risk 
mitigation options. The results of the risk assessment indicated the 
need to revise the following established security zones for the purpose 
of enhancing port security for the region:
     Sec.  165.760(a)(1), Rattlesnake, Tampa, FL;
     Sec.  165.760(a)(3), Sunshine Skyway Bridge, Tampa, FL;
     Sec.  165.760(a)(5), Piers, Seawalls, and Facilities, Port 
of Tampa, Port Sutton and East Bay;
     Sec.  165.760(a)(7), Piers, Seawalls, and Facilities, Port 
of Tampa, on the western side of Hooker's Point;
     Sec.  165.764(a)(1), Big Bend, Tampa Bay, Florida zone.
    The five revised zones temporarily replacing these five suspended 
zones appear in Sec.  165.T07-047(a)(1) through (5), but will expire by 
January 2, 2008, and also in temporary Sec.  165.T07-0097(a) (1) 
through (5), but will expire February 7, 2008. The risk assessment also 
indicated that two of the zones suspended--Sec.  165.760(a)(6) [Piers, 
seawalls, and facilities, Port of Tampa, East Bay and the eastern side 
of Hooker's Point], and (a)(8) [Piers, seawalls, and facilities, Port 
of Manatee]--were no longer needed.
    The security zones in this final rule have been discussed, vetted 
and recommended by representatives of the Department of Homeland 
Security's Office of Infrastructure Protection, the Western Florida 
Area Maritime Security Committee, the Florida Region IV and VI Regional 
Domestic Security Task Forces, and numerous local agencies who share in 
the maritime security mission in the Tampa Bay region. These revisions 
are needed to ensure the security of vessels, facilities, and the 
surrounding areas within the Captain of the Port Sector St. Petersburg 
Zone following the expiration of temporary Sec.  165.T07-0097.
    In 2005, Sector St. Petersburg was created, replacing the Captain 
of the Port Tampa Zone. Authority to create security zones in the Tampa 
Bay region now resides with the Sector St. Petersburg Captain of the 
Port. See 70 FR 41415, July 19, 2005, and 72 FR 36316, July 2, 2007.

Discussion of Comments and Changes

    No comments were received. There are no changes to the regulatory 
text from the notice of proposed rulemaking that was published in the 
Federal Register November 6, 2007.

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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. This rule may have some 
impact on the public, but these potential impacts will be minimized for 
the following reasons: There is ample room for vessels to navigate 
around security zones, and there are several locations for recreational 
and commercial fishing vessels to fish throughout the Tampa Bay Region. 
Also, the Captain of the Port may, on a case-by-case basis allow 
persons or vessels to enter a security zone.

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

[[Page 1281]]

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 because the majority of the zones are limited in size, leaving 
ample room for vessels to navigate around the zones. The zones will not 
significantly impact commuter and passenger vessel traffic patterns, 
and mariners will be notified of the zones via local notice to mariners 
and marine broadcasts. Also, the Captain of the Port may, on a case-by-
case basis, allow persons or vessels to enter a security zone.
    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 offered to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. Small 
business may send comments on the actions of Federal employees who 
enforce, or otherwise determine compliance with, Federal regulations to 
the Small Business and Agriculture Regulator Enforcement Ombudsman and 
the Regional Small Business Regulatory Fairness Boards. The Ombudsman 
evaluates these actions annually and rates each agency's responsiveness 
to the small business. If you wish to comment on actions by employees 
of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

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 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 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 M16475.1D 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination 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, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (34)(g), of the 
Instruction, from further environmental documentation. A preliminary 
``Environmental Analysis Check List'' is available in the docket where 
indicated under ADDRESSES. No comments were made regarding the 
environmental impact of revising the security zones in Tampa Bay, FL.

List of Subjects in 33 CFR Part 165

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

Words of Issuance and Regulatory Text

0
For the reasons discussed in the preamble, the Coast Guard is amending 
33 CFR Part 165 as follows:

[[Page 1282]]

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, 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. In Sec.  165.760, revise paragraphs (a)(1), (a)(3), (a)(5), (a)(7), 
(b) and (c), and add paragraphs (a)(14) and (a)(15) to read as follows:


Sec.  165.760  Security Zones; Tampa Bay, Port of Tampa, Port of Saint 
Petersburg, Rattlesnake, Old Port Tampa, Big Bend, Weedon Island, and 
Crystal River; Florida.

    (a) * * *
    (1) Rattlesnake, Tampa, FL. All water, from surface to bottom, in 
Old Tampa Bay east and south of a line commencing at position 
27[deg]53.32[min] N, 082[deg]32.05[min] W; north to 27[deg]53.36[min] 
N, 082[deg]32.05[min] W, including on land portions of Chemical 
Formulators Chlorine Facility, where the fenced area is bounded by a 
line connecting the following points: 27[deg]53.21[min] N, 
082[deg]32.11[min] W; west to 27[deg]53.22[min] N, 082[deg]32.23[min] 
W; then north to 27[deg]53.25[min] N, 082[deg]32.23[min] W; then west 
again to 27[deg]53.25[min] N, 082[deg]32.27[min] W; then north again to 
27[deg]53.29[min] N, 082[deg]32.25[min] W; then east to 
27[deg]53.30[min] N, 082[deg]32.16[min] W; then southeast terminating 
at 27[deg]53.21[min] N, 082[deg]32.11[min] W.
* * * * *
    (3) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from 
surface to bottom, in Cut ``A'' channel beneath the bridge's main span 
encompassed by a line connecting the following points: 
27[deg]37.30[min] N, 082[deg]39.38[min] W to 27[deg]37.13[min] N, 
082[deg]39.26[min] W; and the bridge structure columns, base and 
dolphins. This zone is specific to the bridge structure and dolphins 
and does not include waters adjacent to the bridge columns or dolphins 
outside of the bridge's main span.
* * * * *
    (5) Piers, seawalls, and facilities, Port of Tampa and Port Sutton, 
Tampa, FL. All waters, from surface to bottom, extending 50 yards from 
the shore, seawall, and piers around facilities in Port Sutton within 
the Port of Tampa encompassed by a line connecting the following 
points: 27[deg]54.15[min] N, 082[deg]26.11[min] W; east northeast to 
27[deg]54.19[min] N, 082[deg]26.00[min] W; then northeast to 
27[deg]54.37[min] N, 082[deg]25.72[min] W, closing off all Port Sutton 
channel; then northerly to 27[deg]54.48[min] N, 082[deg]25.70[min] W.
* * * * *
    (7) Piers, seawalls, and facilities, Port of Tampa, on the western 
side of Hooker's Point, Tampa, FL. All waters, from surface to bottom, 
extending 50 yards from the shore, seawall, and piers around facilities 
on Hillsborough Bay northern portion of 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[min] N, 082[deg]26.47[min] W; northwest to 
27[deg]55.25[min] N, 082[deg]26.73[min] W; then north-northwest to 
27[deg]55.60[min] N, 082[deg]26.80[min] W; then north-northeast to 
27[deg]56.00[min] N, 082[deg]26.75[min] W; then northeast to 
27[deg]56.58[min] N, 082[deg]26.53[min] W; and north to 
27[deg]57.29[min] N, 082[deg]26.51[min] W; west to 27[deg]57.29[min] N, 
082[deg]26.61[min] W; then southerly to 27[deg]56.65[min] N, 
082[deg]26.63[min] W; southwesterly to 27[deg]56.58[min] N, 
082[deg]26.69[min] W; then southwesterly and terminating at 
27[deg]56.53[min] N, 082[deg]26.90[min] W.
* * * * *
    (14) Big Bend Power Plant, FL. 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]48.08[min] N, 082[deg]24.88[min] W; then northwest to 
27[deg]48.15[min] N, 082[deg]24.96[min] W; then southwest to 
27[deg]48.10[min] N, 082[deg]25.00[min] W; then south-southwest to 
27[deg]47.85[min] N, 082[deg]25.03[min] W; then southeast to 
27[deg]47.85[min] N, 082[deg]24.79[min] W; then east to 
27[deg]47.55[min] N, 082[deg]24.04[min] W; then north to 
27[deg]47.62[min] N, 082[deg]84.04[min] W; then west to 
27[deg]47.60[min] N, 082[deg]24.72[min] W; then north to 
27[deg]48.03[min] N, 082[deg]24.70[min] W; then northwest to 
27[deg]48.08[min] N, 082[deg]24.88[min] W, closing off entrance to Big 
Bend Power Facility and the attached cooling canal.
    (15) Weedon Island Power Plant, FL. 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[min] N, 
082[deg]35.82[min] W; then north and east along the shore to 
27[deg]51.54[min] N, 082[deg]35.78[min] W; then north to 
27[deg]51.68[min] N, 082[deg]35.78[min] W; then north to 
27[deg]51.75[min] N, 082[deg]35.78[min] W, closing off entrance to the 
canal; then north to 27[deg]51.89[min] N, 082[deg]35.82[min] W; then 
west along the shore to 27[deg]51.89[min] N, 082[deg]36.10[min] W; then 
west to 27[deg]51.89[min] N, 082[deg]36.14[min] W, closing off entrance 
to the canal.
    (b) Definitions. As used in this section--
    Cruise ship means a vessel required to comply with 33 CFR part 120.
    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), in the 
enforcement of regulated navigation areas, safety zones, and security 
zones.
    (c) Regulation. (1) Entry into or remaining on or within the zones 
described in paragraph (a) of this section is prohibited unless 
authorized by the Captain of the Port Sector St. Petersburg or a 
designated representative.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port Sector St. Petersburg or a designated 
representative 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 designated 
representative. In the case of moving security zones, notification of 
activation of these zones will be given by Broadcast Notice to Mariners 
on VHF FM Marine Band Radio, Channel 22A. For vessels not equipped with 
a radio, there will also be on site notification via a designated 
representative of the Captain of the Port.

    Note to Sec. 165.760 (c)(2): A graphical representation of all 
fixed security zones will be made available via the Coast Pilot and 
nautical charts.

    (3) Enforcement. Under Sec. 165.33, no person may cause or 
authorize the operation of a vessel in the security zones contrary to 
the provisions of this section.
* * * * *


Sec.  165.764  [Removed and reserved]

0
3. Remove and reserve Sec.  165.764.

    Dated: December 29, 2007.
A.S. Young,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector St. 
Petersburg.
[FR Doc. 08-20 Filed 1-3-08; 3:48 pm]
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