[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Rules and Regulations]
[Pages 75054-75058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29582]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0040]
RIN 1625-AA87


Revision of Safety/Security Zone Regulations; 2014 Tampa Bay; 
Captain of the Port St. Petersburg Zone, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is consolidating three security zone 
regulations into one regulation. In addition, the Coast Guard is 
disestablishing two safety zone regulations and converting those safety 
zones into security zones for all navigable waterways of Big Bend, Boca 
Grande, Crystal River, East Bay, Hillsborough Bay, MacDill Air Force 
Base, Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St. 
Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL. 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 security zones is prohibited without 
permission of the Captain of the Port St. Petersburg or a designated 
representative.

[[Page 75055]]


DATES: This rule is effective December 17, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0040. 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 Hector I. Fuentes, 
Sector Saint Petersburg Waterways Management Branch, U.S. Coast Guard; 
telephone (813) 228-2191, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, 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

    On September 15, 2014, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled, ``Revision of Safety/Security Zone 
Regulations; 2014 Tampa Bay; Captain of the Port St. Petersburg Zone, 
FL'' in the Federal Register (79 FR 54937). We received no comments on 
the proposed rule. No public meeting was requested, and none was held.
    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. Due to the inherent dangers 
involved with the transport of the hazardous cargos included in this 
rule, it is in the best interest of the public to have a regulation in 
place and to not delay its effective date.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish limited access areas: 33 U.S.C.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; 
Department of Homeland Security Delegation No. 0170.1. The purpose of 
the regulation is to reorganize and consolidate three existing security 
zones in 33 CFR 165.760, 33 CFR 165.767 and 33 CFR 165.768 into a 
single regulation and to combine the safety zones in 33 CFR 165.703 and 
33 CFR 165.704 into a single security zone regulation to ensure the 
security of vessels, facilities, and the surrounding areas and provide 
safety of life on the navigable waters in the Captain of the Port St. 
Petersburg Zone.

C. Comments, Changes and the Final Rule

    There were no comments related to this regulation during the 
comment period and there was no request for a public meeting made 
during the comment period.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or executive orders. These 
regulations were routed through and approved by the Tampa Bay Harbor 
Safety and Security Committee.

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.
    This regulation is not a significant regulatory action because this 
change constitutes merely the merging of and increased size of existing 
regulations. 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, vessels wishing to enter, transit through, or anchor in the 
regulated areas may do so with the permission of the Captain of the 
Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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.
    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 above. 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

[[Page 75056]]

aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule would 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 From Environmental Health Risks

    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 would 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 would 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 rule 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 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 is 
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. 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. Revise Sec.  165.703 to read as follows:
    Sec.  165.703 Security Zones; Tampa Bay: Big Bend, Boca Grande, 
Crystal River, East Bay, Hillsborough Bay, MacDill Air Force Base, 
Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St. 
Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL.
    (a) Regulated areas. The following areas, denoted by coordinates 
fixed using the North American Datum of 1983 (World Geodetic System 
1984) are security zones:
    (1) Security zones for facilities and structures--(i) Rattlesnake, 
Tampa, FL. All water, from surface to bottom, in Old Tampa Bay east and 
south of the waters encompassed within position 27[deg]53.32' N, 
082[deg]32.05' W; thence to 27[deg]53.38' N, 082[deg]32.05' 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' N, 082[deg]32.11' W; thence to 27[deg]53.22' N, 
082[deg]32.23' W; thence to 27[deg]53.25' N, 082[deg]32.23' W; thence 
to 27[deg]53.25' N, 082[deg]32.27' W; thence to 27[deg]53.29' N, 
82[deg]32.25' W; thence to 27[deg]53.30' N, 082[deg]32.16' W; thence to 
27[deg]53.21' N, 082[deg]32.11' W.
    (ii) Old Port Tampa, Tampa, FL. All waters, from surface to bottom, 
in Old Tampa Bay encompassed within the following points: 27[deg]51.62' 
N, 082[deg]33.14' W; thence to 27[deg]51.71' N, 082[deg]32.5' W; thence 
to 27[deg]51.76' N, 082[deg]32.5' W; thence to 27[deg]51.73' N, 
082[deg]33.16' W; thence to 27[deg]51.62' N, 082[deg]33.14' W, closing 
off the Old Port Tampa Channel.
    (iii) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from 
surface to bottom, in Cut ``A'' channel beneath the bridge's main span 
encompassed within the following points: 27[deg]37.30' N, 
082[deg]39.38' W; 27[deg]37.13' N, 082[deg]39.26' 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. Any 
vessel may transit through this zone but, may not loiter, anchor, or 
conduct operations, including dredging, dive operation, surveying, or 
maintenance, unless otherwise directed by the Captain of the Port. 
Anyone wanting to conduct these operations must submit a request via 
email to [email protected] or contact the Sector Command Center after 
hours at 727.824.7506.
    (iv) Manbirtee Key, Port of Manatee, FL. All waters, from surface 
to bottom, surrounding, surrounding Manbirtee Key, Tampa Bay, FL 
extending 500 yards from the island's shoreline, in all directions, not 
to include the Port Manatee Channel.
    (v) MacDill Air Force Base, Tampa Bay, FL. All waters encompassed 
within the following coordinates: 27[deg]51.88' N, 082[deg]29.31' W; 
thence to 27[deg]52.01' N, 082[deg]28.85' W; thence to 27[deg]51.48' N, 
082[deg]28.17' W; thence to 27[deg]51.02' N, 082[deg]27.76' W; thence 
to 27[deg]50.72' N, 082[deg]27.61' W; thence to 27[deg]50.33' N, 
082[deg]27.59' W; thence to 27[deg]49.65' N, 082[deg]27.73' W; thence 
to 27[deg]49.34' N, 082[deg]27.79' W; thence to 27[deg]49.10' N, 
082[deg]27.88' W; thence to 27[deg]48.88' N, 082[deg]28.10' W; thence 
to 27[deg]48.76' N, 082[deg]28.54' W; thence to 27[deg]48.87' N, 
082[deg]29.44' W; thence to 27[deg]49.06' N, 082[deg]30.39' W; thence 
to 27[deg]48.75' N, 082[deg]31.17' W; thence to 27[deg]49.16' N, 
082[deg]32.41' W; thence to 27[deg]49.64' N, 082[deg]33.04' W; thence 
to 27[deg]49.95' N, 082[deg]32.75' W; thence to 27[deg]50.09' N, 
082[deg]32.81' W; thence to 27[deg]50.56' N, 082[deg]32.75' W; thence 
to 27[deg]50.71' N, 082[deg]32.18' W.
    (vi) 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' N, 082[deg]26.06' W; thence to; 
27[deg]54.46' N, 082[deg]25.71' W; closing off all Port Sutton Channel.
    (vii) Piers, seawalls, and facilities, Port of Tampa, on the 
western side of

[[Page 75057]]

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' N, 
082[deg]26.47' W; thence to 27[deg]55.25' N, 082[deg]26.73' W; thence 
to 27[deg]55.60' N, 082[deg]26.80' W; thence to 27[deg]56.00' N, 
082[deg]26.75' W; thence to 27[deg]56.58' N, 082[deg]26.53' W; thence 
to 27[deg]57.29' N, 082[deg]26.51' W; thence to 27[deg]57.29' N, 
082[deg]26.61' W; thence to 27[deg]56.65' N, 082[deg]26.63' W; thence 
to 27[deg]56.58' N, 082[deg]26.69' W; thence to 27[deg]56.53' N, 
082[deg]26.90' W.
    (viii) St. Petersburg Harbor, FL. All waters, from surface to 
bottom, extending 50 yards from the seawall and around all moorings and 
vessels in St. Petersburg Harbor (Bayboro Harbor), commencing on the 
north side of the channel at day beacon ``10'' (LLNR 24995) in 
approximate position 27[deg]45.56' N, 082[deg]37.55' W, and westward 
along the seawall to the end of the cruise terminal in approximate 
position 27[deg]45.72' N, 082[deg]37.97' W. The zone will also include 
the Coast Guard south moorings in St. Petersburg Harbor. The zone will 
extend 50 yards around the piers commencing from approximate position 
27[deg]45.51' N, 082[deg]37.99' W; to 27[deg]45.52' N, 082[deg]37.57' 
W. The southern boundary of the zone is shoreward of a line between the 
entrance to Salt Creek easterly towards day beacon ``11'' (LLNR 24990).
    (ix) Crystal River Nuclear Power Plant. All waters, from surface to 
bottom, around the FL, Power Crystal River Nuclear Power Plant located 
at the end of the Florida Power Corporation Channel, Crystal River, 
Florida, encompassed by a line connecting the following points: 
28[deg]56.87' N, 082[deg]45.17' W; thence to 28[deg]57.37' N, 
082[deg]41.92' W; thence to 28[deg]56.79' N, 082[deg]45.13' W; thence 
to 28[deg]57.32' N, 082[deg]41.92' W.
    (x) Crystal River Demory Gap Channel. All waters, from surface to 
bottom, in the Demory Gap Channel in Crystal River, Florida, 
encompassed by the following points: 28[deg]57.61' N, 082[deg]43.42' W 
thence to; 28[deg]57.55' N, 082[deg]41.88' W thence to; 28[deg]57.58' 
N, 082[deg]43.42' W thence to; 28[deg]57.51' N, 082[deg]41.88' W.
    (xi) 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 the following points: 27[deg]48.08' N, 
082[deg]24.88' W; thence to 27[deg]48.15' N, 082[deg]24.96' W; thence 
to; 27[deg]48.10' N, 082[deg]25.00' W; thence to 27[deg]47.85' N, 
082[deg]25.03' W; thence to 27[deg]47.58' N, 082[deg]24.89' W; thence 
to 27[deg]47.58' N, 082[deg]24.06' W; thence to; 27[deg]47.62' N, 
082[deg]24.04' W; thence to 27[deg]47.63' N, 082[deg]24.71' W; thence 
to 27[deg]48.03' N, 082[deg]24.70' W; thence to 27[deg]48.08' N, 
082[deg]24.88' W, closing off entrance to Big Bend Power Facility and 
the attached cooling canal.
    (xii) 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 the following 
points: 27[deg]51.52' N, 082[deg]35.82' W; thence along the shore to; 
27[deg]51.54' N, 082[deg]35.78' W; thence to 27[deg]51.89' N, 
082[deg]35.82' W; thence to 27[deg]51.89' N, 082[deg]36.14' W, closing 
off the entrance to both canals.
    (2) Vessel specific security zones--(i) Moving security zones for 
Cruise Ships and vessels carrying Especially Hazardous Cargos. The 
following security zones and procedures are established for all waters, 
from surface to bottom, within a 500-yard radius, as outlined below:
    (A) For inbound vessels commencing at Egmont Channel Lighted Buoys 
``9'' (LLNR 22270) and ``10'' (LLNR 22275) through to berth.
    (B) For shifting vessels from their departure berth to destination 
berth.
    (C) For outbound vessels commencing at berth through to Egmont 
Channel Lighted Buoys ``9'' (LLNR 22270) and ``10'' (LLNR 22275).
    (D) All subject vessels operating in the Captain of the Port St. 
Petersburg Zone shall follow the reporting requirements in 33 CFR part 
160, subpart C.
    (E) Any vessel desiring to enter or transit the security zone shall 
obtain permission from the Captain of the Port St. Petersburg or a 
designated representative. If permission is granted, all persons and 
vessels must comply with any given instructions.
    (ii) Fixed security zones for moored cruise ships and moored 
vessels carrying especially hazardous cargos. A security zone is 
established for all waters, from surface to bottom, within a 200-yard 
radius around moored cruise ships and moored vessels carrying 
especially hazardous cargos, as outlined below:
    (A) All subject vessels operating in the Captain of the Port St. 
Petersburg Zone shall follow reporting requirements in 33 CFR part 160, 
subpart C.
    (B) Any vessel desiring to enter or transit the security zone shall 
obtain permission from the Captain of the Port St. Petersburg or a 
designated representative. If permission is granted, all persons and 
vessels must comply with any given instructions.
    (C) No vessel may loiter, anchor, or conduct maintenance operations 
within the security zone, unless otherwise directed by the Captain of 
the Port St. Petersburg or a designated representative. This includes, 
but is not limited to dredging operations, dive operations, and 
surveying. Anyone wanting to conduct these operations must submit a 
request via email to [email protected] or contact the Sector Command 
Center after hours at 727.824.7506.
    (b) Definitions. As used in this section:
    Ammonium nitrate means ammonium nitrate and ammonium nitrate based 
fertilizers listed as Division 5.1 (oxidizing) materials as defined in 
33 CFR 172.101 except when carried as CDC residue.
    Captain of the Port (COTP) for the purpose of this section means 
the Commanding Officer of Coast Guard Sector St. Petersburg.
    Captain of the Port St. Petersburg Zone as defined in 33 CFR 3.35-
35.
    Commercial vessels means any tank, bulk, container, cargo, cruise 
ships, pilot vessels, or tugs. This definition excludes fishing 
vessels, salvage vessels, dead ship tow operations.
    Cruise Ship means the same as defined 33 CFR 101.105.
    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 COTP, in the enforcement of regulated 
navigation areas, safety zones, and security zones.
    Certain dangerous cargo includes Division 1.5D blasting agents for 
which a permit is required under 49 CFR 176.415 or, for which a permit 
is required as a condition of Research and Special Programs 
Administration exemption. This includes ammonium nitrate fuel oil 
mixture.
    Especially hazardous cargo means anhydrous ammonia, ammonium 
nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and 
any other substance, material, or group or class in a particular amount 
and form that the Secretary determines by regulation poses a 
significant risk of creating a transportation security incident while 
being transported in maritime commerce.
    (c) Regulations. (1) Entry into or remaining on or within the zones 
described in paragraph (a) of this section is prohibited unless 
authorized

[[Page 75058]]

by the Captain of the Port St. Petersburg or a designated 
representative.
    (2) Any changes to the requirements for these regulated areas will 
be given by Broadcast Notice to Mariners on VHF-FM Channel 22A.

    Note to Sec.  165.703(c)(2): A graphical representation of all 
fixed security zones will be made available through nautical charts 
via the Coast Pilot.

    (3) The Captain of Port St. Petersburg has provisions for escorting 
especially hazardous cargos as described in the above sections of this 
subchapter, but reserves the right to establish additional provisions 
for any potentially hazardous cargos.
    (4) Enforcement. Under 33 CFR 165.33, no person may authorize the 
operation of a vessel in the security zones contrary to the provisions 
of this section.
    (d) The Captain of the Port St. Petersburg may waive any of the 
requirements of this subpart for any vessel, facility, or structure 
upon finding that the vessel or class of vessel, operational 
conditions, or other circumstances are such that application of this 
subpart is unnecessary or impractical for purposes of port safety and 
security or environmental safety.


Sec. Sec.  165.704, 165.760, 165.767, and 165.768  [Removed and 
Reserved]

0
3. Remove and reserve Sec. Sec.  165.704, 165.760, 165.767, and 
165.768.

    Dated: November 20, 2014.
G. D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2014-29582 Filed 12-16-14; 8:45 am]
BILLING CODE 9110-04-P