[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Rules and Regulations]
[Pages 6610-6613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1765]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0013]
RIN 1625-AA87


Security Zone; MacDill Air Force Base, Tampa Bay, FL

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a security zone that is 
concurrent with the Army Corps of Engineers restricted area adjacent to 
MacDill Air Force Base. The security zone is necessary to facilitate 
security operations conducted at the Air Force Base. All persons, 
vessels, or other craft are prohibited from anchoring, mooring, 
drifting, or transiting within this zone, unless authorized by the 
Captain of the Port St. Petersburg or a designated representative.

DATES: This interim rule is effective February 5, 2008. Comments and 
related material must reach the Docket Management Facility on or before 
April 7, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0013 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Waterways Management Division, Sector St. Petersburg, FL (813) 
228-2191, Ext 8307. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0013), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have

[[Page 6611]]

questions regarding your submission. For example, we may ask you to 
resubmit your comment if we are not able to read your original 
submission. You may submit your comments and material by electronic 
means, mail, fax, or delivery to the Docket Management Facility at the 
address under ADDRESSES; but please submit your comments and material 
by only one means. If you submit them by mail or delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time, click on ``Search for Dockets,'' and enter the docket number 
for this rulemaking (USCG-USCG-2008-0013) in the Docket ID box, and 
click enter. You may also visit the Docket Management Facility in Room 
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey 
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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 later notice in the Federal Register.

Regulatory Information

    We did not publish a notice of proposed rule making (NPRM) for this 
rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing an NPRM. It is unnecessary because the 
purpose of this rule is to reinforce and support an already existing 
exclusionary area that was previously designated with prohibitions 
against both person and vessel movements. There are no new restrictions 
being proposed.
    For the same reasons above, under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making this rule effective in 
less than 30 days after publication in the Federal Register.

Background and Purpose

    This area is already a designated an exclusionary zone. Under 33 
CFR 334.635, the Army Corps of Engineers established a restricted area 
adjacent to MacDill Air Force Base. The Coast Guard is establishing a 
security zone that is concurrent with this restricted area to assist in 
enforcing the prohibition against all persons, vessels, and other craft 
that may enter, transit, anchor, or drift into this prohibited area. 
MacDill Air Force base routinely conducts operations and contains 
infrastructure critical to national security. This security zone is 
necessary to protect those operations and infrastructure as well as to 
prevent subversive activities. To more appropriately address the 
security risks associated with MacDill Air Force Base, as well as to 
enable agencies to work from a common operating picture and to maximize 
the synergy of enforcement resources, the Coast Guard is establishing 
this security zone.
    Using the newly developed Maritime Security Risk Analysis tool, a 
working group comprised of security analysts from local law enforcement 
agencies, MacDill Operations, industrial partners, and the Coast Guard 
evaluated the risk to the maritime transportation system (MTS) within 
Tampa Bay. The results of the risk assessment indicated the need to 
revisit whether the existing security zones sufficiently provided 
adequate coverage for implementing counter-surveillance, intrusion 
detection, and response measures for the port community. This holistic 
approach determined that additional mechanisms were necessary to 
address MacDill Air Force Base security risks as well as help mitigate 
common risk factors across the entire bay. The resulting proposal 
consists of the existing exclusionary area defined by the Army Corps of 
Engineers and the establishment of a Coast Guard security zone that 
coincides with that exclusionary area.

Discussion of Rule

    The security zone coincides with the Army Corps of Engineers 
restricted area adjacent to MacDill Air Force Base and includes 
portions of the waters of Hillsborough Bay, Old Tampa Bay, and Tampa 
Bay. This area is marked as a prohibited area on navigation charts and 
is bounded by the following coordinates: latitude 27[deg]51'52.901'' 
N., longitude 82[deg]29'18.329'' W., thence directly to latitude 
27[deg]52'00.672'' N., longitude 82[deg]28'51.196'' W., thence directly 
to latitude 27[deg]51'28.859'' N., longitude 82[deg]28'10.412'' W., 
thence directly to latitude 27[deg]51'01.067'' N., longitude 
2[deg]27'45.355'' W., thence directly to latitude 27[deg]50'43.248'' 
N., longitude 82[deg]27'36.491'' W., thence directly to latitude 
27[deg]50'19.817'' N., longitude 82[deg]27'35.466'' W., thence directly 
to latitude 27[deg]49'38.865'' N., longitude 82[deg]27'43.642'' W., 
thence directly to latitude 27[deg]49'20.204'' N., longitude 
82[deg]27'47.517'' W., thence directly to latitude 27[deg]49'06.112'' 
N., longitude 82[deg]27'52.750'' W., thence directly to latitude 
27[deg]48'52.791'' N., longitude 82[deg]28'05.943'' W., thence directly 
to latitude 27[deg]48'45.406'' N., longitude 82[deg]28'32.309'' W., 
thence directly to latitude 27[deg]48'52.162'' N., longitude 
82[deg]29'26.672'' W., thence directly to latitude 27[deg]49'03.600'' 
N., longitude 82[deg]30'23.629'' W., thence directly to latitude 
27[deg]48'44.820'' N., longitude 82[deg]31'10.000'' W., thence directly 
to latitude 27[deg]49'09.350'' N., longitude 82[deg]32'24.556'' W., 
thence directly to latitude 27[deg]49'38.620'' N., longitude 
82[deg]33'02.444'' W., thence directly to latitude 27[deg]49'56.963'' 
N., longitude 82[deg]32'45.023'' W., thence directly to latitude 
27[deg]50'05.447'' N., longitude 82[deg]32'48.734'' W., thence directly 
to latitude 27[deg]50'33.715'' N., longitude 82[deg]32'45.220'' W., 
thence directly to a point on the western shore of the base at latitude 
27[deg]50'42.836'' N., longitude 82[deg]32'10.972'' W.
    All persons, vessels, or other craft are prohibited from anchoring, 
mooring, drifting, or transiting within this security zone under Sec.  
165.768, unless authorized by the Captain of the Port St. Petersburg or 
a designated representative. Also, Sec.  334.635 requires that 
permission from the Commander of the MacDill Air Force Base, Florida, 
would need to be obtained before entering the Army Corps of Engineers 
restricted area which covers the same waters.

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

[[Page 6612]]

Budget has not reviewed it under that Order. This area has already been 
designated as an exclusionary zone. The impact on routine navigation is 
expected to be minimal since the geographic boundaries of this security 
zone are the same as the Army Corps of Engineers restricted area.

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 should not impact any entities due to the 
restricted nature of the waters surrounding MacDill Air Force Base. 
This security zone will not have a significant economic impact on a 
substantial number of small entities since vessel traffic in this area 
is already prohibited.
    Therefore, 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. Comments submitted in response to this 
finding will be evaluated under the criteria in the ``Regulatory 
Information'' section of this preamble.

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 the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. Questions 
may be directed to the person identified in 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). 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.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. This rule seeks to establish a security zone. A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' are available in the

[[Page 6613]]

docket where indicated under ADDRESSES.

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 amends 33 
CFR part 165 as follows:

PART 165--SAFETY ZONES AND SECURITY ZONES

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. A new Sec.  165.768 is added to read as follows:


Sec.  165.768  Security Zone; MacDill Air Force Base, Tampa Bay, FL.

    (a) Location. The following area is a security zone which exists 
concurrent with an Army Corps of Engineers restricted area in Sec.  
334.635 of this title. All waters within Tampa Bay, Florida in the 
vicinity of MacDill Air Force Base, including portions of the waters of 
Hillsborough Bay, Old Tampa Bay, and Tampa Bay, encompassed by a line 
connecting the following coordinates: latitude 27[deg]51'52.901'' N., 
longitude 82[deg]29'18.329'' W., thence directly to latitude 
27[deg]52'00.672'' N., longitude 82[deg]28'51.196'' W., thence directly 
to latitude 27[deg]51'28.859'' N., longitude 82[deg]28'10.412'' W., 
thence directly to latitude 27[deg]51'01.067'' N., longitude 
2[deg]27'45.355'' W., thence directly to latitude 27[deg]50'43.248'' 
N., longitude 82[deg]27'36.491'' W., thence directly to latitude 
27[deg]50'19.817'' N., longitude 82[deg]27'35.466'' W., thence directly 
to latitude 27[deg]49'38.865'' N., longitude 82[deg]27'43.642'' W., 
thence directly to latitude 27[deg]49'20.204'' N., longitude 
82[deg]27'47.517'' W., thence directly to latitude 27[deg]49'06.112'' 
N., longitude 82[deg]27'52.750'' W., thence directly to latitude 
27[deg]48'52.791'' N., longitude 82[deg]28'05.943'' W., thence directly 
to latitude 27[deg]48'45.406'' N., longitude 82[deg]28'32.309'' W., 
thence directly to latitude 27[deg]48'52.162'' N., longitude 
82[deg]29'26.672'' W., thence directly to latitude 27[deg]49'03.600'' 
N., longitude 82[deg]30'23.629'' W., thence directly to latitude 
27[deg]48'44.820'' N., longitude 82[deg]31'10.000'' W., thence directly 
to latitude 27[deg]49'09.350'' N., longitude 82[deg]32'24.556'' W., 
thence directly to latitude 27[deg]49'38.620'' N., longitude 
82[deg]33'02.444'' W., thence directly to latitude 27[deg]49'56.963'' 
N., longitude 82[deg]32'45.023'' W., thence directly to latitude 
27[deg]50'05.447'' N., longitude 82[deg]32'48.734'' W., thence directly 
to latitude 27[deg]50'33.715'' N., longitude 82[deg]32'45.220'' W., 
thence directly to a point on the western shore of the base at latitude 
27[deg]50'42.836'' N., longitude 82[deg]32'10.972'' W.
    (b) Definitions. The following definition applies 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 St. Petersburg (COTP), in the 
enforcement of regulated navigation areas, safety zones, and security 
zones.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.33 of this part, entry into, anchoring, mooring, or 
transiting this zone by persons or vessels is prohibited without the 
prior permission of the Coast Guard Captain of the Port St. Petersburg 
or a designated representative.

    Dated: January 16, 2008.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. E8-1765 Filed 2-4-08; 8:45 am]
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