[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Rules and Regulations]
[Pages 65623-65625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26604]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0885]
RIN 1625-AA87


Security Zones; USCGC WILLIAM FLORES Commissioning Ceremony, Ybor 
Channel; Tampa, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone on 
the waters of Ybor Channel in Tampa, Florida around the USCGC WILLIAM 
FLORES immediately before and during its Commissioning Ceremony that 
will be held on November 3, 2012, in the Port of Tampa, on Ybor Channel 
at Channelside Cruise Terminal 3, located in position 27[deg]56.598' N, 
082[deg]26.724' W. The security zone will be enforced from 8 a.m. to 4 
p.m. and is necessary to protect USCGC WILLIAM FLORES, official 
parties, dignitaries, the public, and surrounding waterways from 
terrorist acts, sabotage or other subversive acts, accidents, or other 
causes of a similar nature. Entering or remaining in the security zone 
is prohibited unless authorized by the Captain of the Port St. 
Petersburg or a designated representative.

DATES: This rule is effective and will be enforced on November 3, 2012, 
from 8 a.m. until 4 p.m.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0885. 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 
temporary final rule, call or email Boatswains Mate Second Class 
Gregory A. Belkin, Sector St. Petersburg Prevention Department, Coast 
Guard; telephone (813) 228-2191 Ext. 8158, 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 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. The Coast Guard did not have necessary 
information regarding the event with sufficient time to publish an NPRM 
and to receive public comments in advance of the effective date of the 
security zone. Any delay in the effective date of this rule would be 
contrary to the public interest as immediate action is needed to 
protect USCGC WILLIAM FLORES, official parties, dignitaries, visiting 
officials, the public, and the surrounding waterway from sabotage or 
other subversive acts, accidents, or other causes of a similar nature.

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; Pub. L. 107-295, 116 Stat. 
2064; Department of Homeland Security Delegation No. 0170.1.
    The purpose of this rule is to protect USCGC WILLIAM FLORES, 
official parties, dignitaries, visiting officials, the public, and the 
surrounding waterway from potential terrorist acts, sabotage or other 
subversive acts, accidents, or other causes of a similar nature.

C. Discussion of the Final Rule

    On November 3, 2012, the USCGC WILLIAM FLORES Commissioning 
Ceremony will be held in the Port of Tampa, on Ybor Channel at 
Channelside Cruise Terminal 3, located in position 27[deg]56.598' N, 
082[deg]26.724' W. The temporary security zone encompasses

[[Page 65624]]

all waters of Ybor Channel within a 250-yard radius of USCGC WILLIAM 
FLORES. The security zone will be enforced from 8 a.m. until 4 p.m. on 
November 3, 2012. No vessels will be authorized to transit the security 
zone from 10 a.m. until 11 a.m. The security zone may cease to be 
enforced prior to the end of the stated enforcement period if the 
commissioning ceremony has concluded, and the USCGC WILLIAM FLORES and 
visiting officials are departed ahead of schedule.
    All persons and vessels are prohibited from entering or remaining 
in the security zone unless authorized by the Captain of the Port St. 
Petersburg or a designated representative. Persons and vessels desiring 
to enter or remain in the security zone 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 Coast 
Guard will provide notice of the security zone by Local Notice to 
Mariners, Broadcast Notice to Mariners, 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 these statutes and 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, Improving Regulation and 
Regulatory Review, 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 those Orders. The economic impact of 
this rule is not significant for the following reasons: (1) The 
security zone will be enforced for a total of 8 hours; (2) the security 
zone will be in a location where commercial vessel traffic is expected 
to be minimal; (3) commercial vessel traffic may be authorized to 
transit the security zones to the extent compatible with public safety 
and security; (4) persons and vessels will be able to operate in the 
surrounding area adjacent to the security zones during the enforcement 
period; (5) persons and vessels will be able to enter or remain within 
the security zones if authorized by the Captain of the Port St. 
Petersburg or a designated representative; and (6) the Coast Guard 
would provide advance notification of the security zone to the local 
community by Broadcast Notice to Mariners.

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 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 Ybor Channel 
encompassed within the security zone from 8 a.m. through 4 p.m. on 
November 3, 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, 
above.
    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 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 have 
determined that it 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 
INTFORMATION 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 (adjusted for 
inflation) 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 affect 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.

[[Page 65625]]

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 
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 establishing temporary security zone, as described in 
paragraph 34(g) of the Instruction that will be enforced for a total of 
8 hours. This rule is categorically excluded, under figure 2-1, 
paragraph (34)(g), of the Commandant Instruction. An environmental 
analysis checklist and categorical exclusion determination supporting 
this determination are available in the 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.

    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.T07-0922 to read as follows:


Sec.  165.T07-0922  Security Zones; USCGC WILLIAM FLORES Commissioning 
Ceremony, Ybor Channel; Tampa, FL.

    (a) Regulated Areas. The following regulated area is a security 
zone: all waters of Ybor Channel encompassed by a 250-yard radius 
around USCGC WILLIAM FLORES at Channelside Cruise Terminal 3 in the 
Port of Tampa, located in position 27[deg]56.598' N, 082[deg]26.724' W. 
All coordinates are North American Datum 1983.
    (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 desiring to enter or 
remain within the regulated area 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.
    (2) If authorization to enter or remain within the regulated area 
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 the regulated area may be subject to boarding and 
inspection of the vessel and persons onboard.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Effective date. This rule is effective and will be enforced 
from 8 a.m. through 4 p.m. on November 3, 2012.

    Dated: October 18, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2012-26604 Filed 10-29-12; 8:45 am]
BILLING CODE 9110-04-P