[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Rules and Regulations]
[Pages 50929-50932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20699]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0707]
RIN 1625-AA87


Security Zones; 2012 RNC Bridge Security Zones, Captain of the 
Port St. Petersburg Zone, Tampa, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing fifteen temporary security 
zones around certain bridges on the waters of Pinellas County and Tampa 
Bay, Florida, during the 2012 Republican National Convention, from 
August 25, 2012, to August 31, 2012. The security zones are necessary 
to protect convention delegates, official parties, dignitaries, the 
public, and surrounding waterways from terrorist acts, sabotage or 
other subversive acts, accidents, or other causes of a similar nature, 
intended to harm people, damage property, or disrupt the proceedings of 
the 2012 Republican National Convention. All persons and vessels are 
prohibited from loitering, anchoring, stopping, or mooring on waters 
within 50 yards of the designated bridges during the times that the 
security zones will be enforced for each bridge. Expeditious transiting 
through the security zones is authorized.
    This rule establishes security zones around the following bridges: 
the Gandy Bridge; Howard Franklin Bridge; Courtney Campbell Causeway 
Bridge; the Clearwater Memorial Causeway (60); Sand Key Bridge (699); 
Belleair Causeway Bridge; Walsingham Rd Bridge (688); Park Blvd. (co Rd 
694); Welch Causeway (Tom Stuart Causeway/150th Ave); Seminole Bridge 
(Bay Pines Blvd./19/595); Johns Pass Bridge (Gulf Blvd./699); Treasure 
Island Causeway (Central Ave); Corey Causeway (Pasadena Ave); Blind 
Pass Bridge (699); and Pinellas Bayway Structures A, B, and C.

DATES: This rule is effective from 12:01 p.m. on Saturday, August 25, 
2012, through 1:00 a.m. on Friday, August 31, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0707. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Marine Science Technician First Class Nolan L. Ammons, 
Sector St. Petersburg Prevention Department, Coast Guard; telephone 
(813) 228-2191, email [email protected]. If you have questions 
on viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard did not receive 
notice of the need to establish these security zones until July 18, 
2012. As a result, the Coast Guard did not have sufficient time to 
publish an NPRM and to receive public comments prior to implementation 
of the security zones. Any delay in the effective date of this rule 
would be contrary to the public interest because immediate action is 
needed to minimize potential danger to the convention delegates, 
official parties, dignitaries, the public, and surrounding waterways.
    For the same reason discussed above, 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.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 
195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
    The purpose of this rule is to protect convention delegates, 
official parties, dignitaries, the public, and surrounding waterways 
from terrorist acts, sabotage or other subversive acts, accidents, or 
other causes of a similar nature, intended to harm people, damage 
property, or disrupt the proceedings of the 2012 Republican National 
Convention.

C. Discussion of Rule

    The Secretary of the Department of Homeland Security has designated 
the 2012 Republican National Convention as a National Special Security 
Event. National Special Security Events are significant events, which, 
due to their political, economic, social, or religious

[[Page 50930]]

significance, may render them particularly attractive targets of 
terrorism or other criminal activity. The Federal government provides 
support, assistance, and resources to state and local governments to 
ensure public safety and security during National Special Security 
Events.
    Numerous Federal, State, and local agencies, including the U.S. 
Secret Service, Federal Bureau of Investigation, Customs and Border 
Protection, U.S. Coast Guard, and the Joint Terrorism Task Force, have 
developed comprehensive security plans to protect participants and the 
public during the Republican National Convention. As part of the 
comprehensive effort, the maritime security objective is to protect 
Convention participants, the maritime transportation system, and 
maritime stakeholders, including recreational boaters, from threats and 
security vulnerabilities. The Coast Guard and other Federal, State, and 
local agencies involved in security for the 2012 Republican National 
Convention have conducted threat, vulnerability, and risk analyses 
relating to the event.
    The convention is expected to draw widespread protests by persons 
dissatisfied with national policy, foreign policy, and the Republican 
Party agenda. This politically-oriented event has the potential to 
attract anarchists and others persons intent on expressing their 
opposition through violence and criminal activity. The convention also 
may present an attractive target for terrorist and extremist 
organizations. Current analysis indicates that some activist groups are 
planning maritime activities to make their political views known.
    Maritime security vulnerabilities during the 2012 Republican 
National Convention extend beyond the Convention site and include 
secondary venues throughout the Tampa Bay area. The geography of the 
Tampa Bay region makes these fifteen bridges a vital component of the 
regional transportation network. Dignitaries, delegates, and 
participants at the Convention will be required to travel across these 
bridges to reach secondary venue locations. Further, dignitaries, 
delegates, and participants in the Republican National Convention will 
be staying at numerous hotels in Clearwater, St. Petersburg, and other 
areas. This will require those persons to make daily transits across 
the bridges spanning Tampa Bay and the Inter-Coastal Waterway to attend 
the Convention and associated events.
    These fifteen security zones, developed in conjunction with 
comprehensive security planning and actions by other agencies, will 
assist in the safe and secure transportation of dignitaries and 
delegates to the Convention. In addition, the security zones will 
prevent disruption of these vital components of the region's 
transportation network that may be caused by violent protesters and 
other groups drawn to this event. In addition, the security zones will 
prevent persons from using the bridges and surrounding waters to stop 
or impede maritime traffic during the event.
    The security zones and accompanying security measures have been 
specifically developed to mitigate the threats and vulnerabilities 
identified in the analysis discussed above. Security measures have been 
limited to the minimum necessary to mitigate risks associated with the 
identified threats.
    This rule will establish temporary security zones around fifteen 
bridges in the Captain of the Port St. Petersburg area during the 2012 
Republican National Convention in Tampa, Florida. This rule is 
effective from 12:01 p.m. on Saturday, August 25, 2012, through 1:00 
a.m. on Friday, August 31, 2012.
    All persons and vessels are prohibited from loitering, anchoring, 
stopping, or mooring under or within 50 yards of either side of the 
designated bridges. Expeditious transiting through the security zones 
is authorized. The security zones will be enforced 24-hours a day for 
the Gandy Bridge, Howard Franklin Bridge, and Courtney Campbell 
Causeway Bridge.
    The remaining security zones will be established around: The 
Clearwater Memorial Causeway (60); Sand Key Bridge (699); Belleair 
Causeway Bridge; Walsingham Rd Bridge (688); Park Blvd.(co Rd 694); 
Welch Causeway (Tom Stuart Causeway/150th Ave); Seminole Bridge (Bay 
Pines Blvd./19/595); Johns Pass Bridge (Gulf Blvd./699); Treasure 
Island Causeway (Central Ave); Corey Causeway (Pasadena Ave); Blind 
Pass Bridge (699); and Pinellas Bayway Structures A, B, and C. These 
security zones will be enforced for other bridges as follows:

Sunday, August 26: 3:00 p.m. to 8:00 p.m.;
Monday, August 27: 11:00 a.m. to 2:00 p.m. and 3:00 p.m. to 7:00 p.m.;
Tuesday, August 28: 3:00 p.m. to 7:00 p.m.;
Wednesday, August 29: 3:00 p.m. to 7:00 p.m.; and
Thursday, August 30: 3:00 p.m. to 7:00 p.m.

    A Port Community Information Bulletin (PCIB) will be distributed by 
Coast Guard Sector St. Petersburg. The PCIB will be available on the 
Coast Guard Internet web portal at http://homeport.uscg.mil. PCIBs are 
located under the Port Directory tab in the Safety and Security Alert 
links. The Coast Guard will provide notice of the security zones by 
Local Notice to Mariners, Broadcast Notice to Mariners, public 
outreach, and on-scene designated representatives.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
Executive Order 12866 or under section 1 of Executive Order 13563. The 
Office of Management and Budget has not reviewed it under that Order.
    The economic impact of this rule is not significant for the 
following reasons: (1) The security zone will be effective for only six 
days; (2) although persons and vessels are prohibited from remaining or 
anchoring within the security zones during the effective dates, normal 
navigational transits will be authorized; and (3) vessels may operate 
in the area outside the security zones during the effective period.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
anchor or remain in any of the fifteen security zones during the 
effective periods described in the rule. These security zones would not 
have a significant economic impact on a substantial number of small 
entities for the reasons discussed in the

[[Page 50931]]

Regulatory Planning and Review section above.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. 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 listed in the FOR FURTHER INFORMATION CONTACT 
section.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of fifteen temporary 
security zones. This rule is categorically excluded from further review 
under paragraph (34)(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

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

    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, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add a temporary Sec.  165.T07-0707 to read as follows:


Sec.  165.T07-0707  Security Zones; 2012 Republican National 
Convention, Captain of the Port St. Petersburg Zone, Tampa, FL.

    (a) Regulated Areas. All waters under and within 50 yards of either 
side of the following bridges are established as temporary security 
zones:
    (1) The Gandy Bridge,
    (2) Howard Franklin Bridge,
    (3) Courtney Campbell Causeway Bridge,
    (4) The Clearwater Memorial Causeway (60),
    (5) Sand Key Bridge (699),
    (6) Belleair Causeway Bridge,
    (7) Walsingham Rd Bridge (688),
    (8) Park Blvd.(co Rd 694),
    (9) Welch Causeway (Tom Stuart Causeway/150th Ave),
    (10) Seminole Bridge (Bay Pines Blvd./19/595),
    (11) Johns Pass Bridge (Gulf Blvd./699),
    (12) Treasure Island Causeway (Central Ave),
    (13) Corey Causeway (Pasadena Ave),
    (14) Blind Pass Bridge (699),

[[Page 50932]]

    (15) Pinellas Bayway Structure A, B, and C.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard boat coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officials designated by or assisting the 
Captain of the Port St. Petersburg in the enforcement of the regulated 
areas.
    (c) Regulations.
    (1) All persons and vessels are prohibited from loitering, 
anchoring, stopping, or mooring under or within the regulated areas, 
unless authorized by a designated representative. Expeditious 
transiting through the security zones is authorized.
    (2) The security zones will be enforced at all times from 12:01 
p.m. on Saturday, August 25, 2012, through 1:00 a.m. on Friday, August 
31, 2012, for the Gandy Bridge, Howard Franklin Bridge, and Courtney 
Campbell Causeway Bridge.
    (3) The security zones will be enforced for the Clearwater Memorial 
Causeway (60); Sand Key Bridge (699); Belleair Causeway Bridge; 
Walsingham Rd Bridge (688); Park Blvd.(co Rd 694); Welch Causeway (Tom 
Stuart Causeway/150th Ave); Seminole Bridge (Bay Pines Blvd./19/595); 
Johns Pass Bridge (Gulf Blvd./699); Treasure Island Causeway (Central 
Ave); Corey Causeway (Pasadena Ave); Blind Pass Bridge (699); and 
Pinellas Bayway Structures A, B, and C; as follows:
    (i) Sunday, August 26: 3:00 p.m. to 8:00 p.m.;
    (ii) Monday, August 27: 11:00 a.m. to 2:00 p.m. and 3:00 p.m. to 
7:00 p.m.;
    (iii) Tuesday, August 28: 3:00 p.m. to 7:00 p.m.;
    (iv) Wednesday August 29: 3:00 p.m. to 7:00 p.m.; and
    (v) Thursday August 30: 3:00 p.m. to 7:00 p.m.
    (4) A Port Community Information Bulletin is available on the Coast 
Guard Internet Web portal at http://homeport.uscg.mil. Port Community 
Information Bulletins are located under the Port Directory tab in the 
Safety and Security Alert links.
    (5) The Coast Guard will provide notice of the regulated areas by 
Local Notice to Mariners, Broadcast Notice to Mariners, public 
outreach, and on-scene designated representatives.
    (d) Effective Date. This rule is effective from 12:01 p.m. on 
Saturday, August 25, 2012, through 1:00 a.m. on Friday, August 31, 
2012.

    Dated: August 14, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2012-20699 Filed 8-22-12; 8:45 am]
BILLING CODE 9110-04-P