[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Rules and Regulations]
[Pages 50926-50929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20706]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0712]
RIN 1625-AA87


Security Zones; Certain Dangerous Cargo Vessels, Tampa, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary moving security 
zones around Certain Dangerous Cargo (CDC) vessels, which are vessels 
carrying anhydrous ammonia, liquefied propane gas (LPG), and ammonium 
nitrate. The security zones will start at buoys 3 and 4 in Tampa Bay 
``F'' cut following the vessel to the pier, from pier to pier for berth 
shifts, and from the pier out to buoys 3 and 4 in Tampa Bay ``F'' cut. 
The security zones are to be implemented during the 2012 Republican 
National Convention from August 25, 2012, through August 31, 2012.

DATES: This rule is effective from 12:01 p.m. on August 25, 2012, 
through 11:59 a.m. on August 31, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0712. 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
CDC Certain Dangerous Cargo
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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 for these security zones until July 19, 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 provide for the safety and security 
of convention delegates, official parties, dignitaries, and the public 
during the 2012 Republican National Convention.

C. Discussion of Rule

    The security zones will be effective and enforced from August 25, 
2012 through August 31, 2012, during the 2012 Republican National 
Convention held in Tampa, Florida.
    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

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political, economic, social, or religious 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 
presents 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. Considerable law 
enforcement presence on land may render maritime approaches a viable 
alternative for activist groups. The City of Tampa has critical 
infrastructure in its port area, which is proximate to the downtown 
area and the Convention's main venues. The Port of Tampa is an 
industrial-based port, with significant storage and shipment of 
hazardous materials.
    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.
    The rule will establish moving security zones around Certain 
Dangerous Cargo (CDC) vessels in the Captain of the Port St. Petersburg 
Zone during the 2012 Republican National Convention in Tampa, Florida. 
A CDC vessel is one carrying anhydrous ammonia, liquefied propane gas, 
and ammonium nitrate. The security zones prohibit any vessel from 
entering within 500 yards of a CDC vessel. The security zones will 
start at buoys 3 and 4 in Tampa Bay ``F'' cut following the vessel to 
the pier, from pier to pier for berth shifts, and from the pier out to 
buoys 3 and 4 in Tampa Bay ``F'' cut.
    All persons and vessels desiring to enter or remain within the 
regulated areas may contact the Captain of the Port St. Petersburg by 
telephone at (727) 824-7524, or a designated representative via VHF 
radio on channel 16, to request authorization. If authorization to 
enter or remain within the regulated areas is granted by the Captain of 
the Port St. Petersburg or a designated representative, all persons and 
vessels receiving such authorization must comply with the instructions 
of the Captain of the Port St. Petersburg or a designated 
representative. Recreational vessels authorized to enter or remain 
within the regulated areas may be subject to boarding and inspection of 
the vessel and persons onboard.
    The security zones would be enforced from 12:01 p.m. on August 25, 
2012, through 11:59 a.m. on August 31, 2012.
    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 would 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 zones will be enforced for a total 
of 144 hours, and only while CDC vessels are transiting within Tampa 
Bay; (2) vessels will be authorized to transit the security zones with 
the permission of the Captain of the Port or a designated 
representative; (3) vessels may operate in the surrounding area during 
the enforcement period; and (4) the Coast Guard would provide advance 
notification of the security zones to the local community by Local 
Notice to Mariners, Broadcast Notice to Mariners, and public outreach.

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 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 may affect the following entities, some of which may be small 
entities: The owners or operators of vessels intending to enter or 
remain within those portions of the security zones encompassing Certain 
Dangerous Cargo vessels while transiting through Tampa Bay from 12:01 
p.m. on August 25, 2012 through 11:59 a.m. on August 31, 2012. For the 
reasons discussed in the Regulatory Planning and Review section above, 
this rule will not have a significant economic impact on a substantial 
number of small entities.

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

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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 will not call for a 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 an 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 may 
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 a moving security zone around vessels 
containing certain dangerous cargo. 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.T07-0712 to read as follows:


Sec.  165.T07-0712  Security Zones; Certain Dangerous Cargo Vessels, 
Captain of the Port St. Petersburg Zone, Tampa, FL.

    (a) Regulated Areas. The following regulated areas are moving 
security zones around vessels containing Certain Dangerous Cargo (CDC).
    (1) All waters within a 500 yard radius around any CDC vessel as 
the vessel transits into Tampa Bay, starting at Tampa Bay Cut ``F'' 
Channel at Lighted Buoys ``3F'' and ``4F'' and continuing until the CDC 
vessel moors at the receiving facility.
    (2) All waters within a 500 yard radius around any CDC vessel as 
the vessel departs Tampa Bay, starting when the vessel unmoors from the 
receiving terminal and continuing until the vessel passes Tampa Bay Cut 
``F'' Channel at Lighted Buoys ``3F'' and ``4F.''
    (b) Definitions.
    (1) The term ``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 in the enforcement of the regulated areas.
    (2) The term ``Certain Dangerous Cargo vessel'' or ``CDC vessel'' 
is a vessel carrying Anhydrous Ammonia (NH3), Liquefied Petroleum Gas 
(LPG), or Ammonium Nitrate (NH4) and that is escorted by a U.S. Coast 
Guard vessel.
    (c) Regulations.
    (1) All persons and vessels are prohibited from entering, 
transiting through, anchoring in, or remaining within moving security 
Zones unless authorized by the Captain of the Port St. Petersburg or a 
designated representative.
    (2) All persons and vessels desiring to enter or remain within the 
regulated areas may contact the Captain of the Port St. Petersburg by 
telephone at (727) 824-7524, or a designated representative via VHF 
radio on channel 16, to request authorization.

[[Page 50929]]

    (3) Any vessel or person receiving authorization to enter the 
moving security zone must comply with any instructions issued by the 
Captain of the Port or a designated representative, including the 
following:
    (i) No vessel may enter within a 100 yard radius of the CDC vessel 
at any time;
    (ii) Vessels authorized to enter the security zone must proceed at 
the minimum speed necessary to maintain safe navigation; and
    (iii) Vessels authorized to enter the security zone are subject to 
boarding and inspection of the vessel and persons onboard.
    (4) 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. 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.
    (d) Effective Date. This rule is effective from 12:01 p.m. on 
August 25, 2012, through 11:59 a.m. on August 31, 2012.

    Dated: August 12, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port..
[FR Doc. 2012-20706 Filed 8-22-12; 8:45 am]
BILLING CODE 9110-04-P