[Federal Register Volume 90, Number 107 (Thursday, June 5, 2025)] [Rules and Regulations] [Pages 23861-23864] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-10224] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2024-1098] RIN 1625-AA87 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 AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is disestablishing a security zone in old Tampa Bay, including on land portions of Chemical Formulators Chlorine Facility. The security zone is no longer needed since Chemical Formulators facility is no longer operating. This action will remove existing regulations that restrict vessel movement through the area. DATES: This rule is effective July 7, 2025. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type USCG- 2024-1098 in the search box and click ``Search.'' Next, in the Document Type column, select ``Supporting & Related Material.'' FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email Lieutenant Ryan McNaughton. Sector St. Petersburg, Ports & Waterways Branch Chief, U.S. Coast Guard; telephone (813) 228-2191 ext. 8142, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On February 3, 2024, the Coast Guard was notified that a security zone was no longer necessary due to the closure of the facility needing the security zone. The security zone is described in 33 CFR 165.703(a)(1)(i). In response, on March 24, 2025, the Coast Guard published a notice of proposed rulemaking (NPRM) titled 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.\1\ There we stated why we issued the NPRM and invited comments on our proposed regulatory action related to the removal of the security zone. During the comment period that ended March 24, 2025, we received 2 comments. --------------------------------------------------------------------------- \1\ 90 FR 12118. --------------------------------------------------------------------------- III. Legal Authority and Need for Rule With the closure of Chemical Formulators Chlorine facility, the security zone is no longer necessary. [[Page 23862]] The Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 70051 and 70124. The purpose of this rule is to remove the security zone that is no longer necessary due to the closure of Chemical Formulators Chlorine facility. IV. Discussion of Comments, Changes, and the Rule As noted above, we received 2 comments on our NPRM published March 24, 2025. Below is our discussion of these comments. One commenter requested clarification on the summary of our rule. We are removing the Rattlesnake, Tampa, FL security zone currently in Sec. 165.703, paragraph(a)(1)(i). The remaining paragraphs will be shifted up to maintain the current numbering system. With the removal of the regulation for Rattlesnake, Tampa, FL security zone in paragraph (a)(1)(i), current Old Port Tampa, Tampa, FL security zone in paragraph (a)(1)(ii) will be moved up to paragraph (a)(1)(i) without change. The remaining security zones in Sec. 165.703 will be redesignated from paragraphs (a)(1)(iii) through (a)(1)(xii) to paragraphs (a)(1)(ii) through (a)(1)(xi) without changes. The commenter also stated the name ``Rattlesnake'' should be removed from the title of Sec. 165.703, since it is no longer a security zone. The Coast Guard will remove the word ``Rattlesnake'' from the title of the regulation. Lastly, the commenter suggested revisions to existing Sec. 165.703 paragraph (c)(2) and (3). The Coast Guard is not revising these paragraphs as part of this rule change. Another commenter requested information about vessel traffic with concerns about environmental impacts and marine species. The location of the existing security zone is on a dead-end canal, adjacent to two large marinas as well as a demanding public boat ramp. The removal of the security zone does not promote or hinder vessel access to an area that is already surrounded by industrial seawalls and multi-unit condominiums. This is an area already dense with recreational vessel traffic due to boat clubs, boat launches, marinas and public parks. The original establishment of this zone was not to protect environmental resources, but to protect a critical infrastructure. The removal of the security zone is necessary as the infrastructure being protected is no longer present. The Coast Guard is revising the title of the regulation to remove the name ``Rattlesnake'' for clarity. There are no other changes in the regulatory text of this rule from the proposed rule in the NPRM, which disestablishes the security zone for facilities and structures; Rattlesnake, Tampa, FL. in Sec. 165.703(a)(1)(i). The regulation places unnecessary restrictions on vessel movement in Old Tampa Bay. V. 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 and Executive orders. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. This rule has not been designated a ``significant regulatory action,'' under section 3(f) of Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). This regulatory action determination is based on the need to align the regulations with the current arrangements of the port as the waterfront facility safety zone is no longer required. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 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 received 00 comments from the Small Business Administration on this 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. No restrictions will be placed on owners or operators of vessels of small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. 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 will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please call or email 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. C. 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). D. Federalism and Indian Tribal Governments 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 is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, 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. E. 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. [[Page 23863]] F. Environment We have analyzed this rule under Department of Homeland Security Directive 023-01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (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 disestablishing a security zone. It is categorically excluded from further review under paragraph L60(b) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Memorandum for the Record supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Safety 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: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04- 1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.4. 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, 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) 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. (ii) 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. (iii) 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. (iv) 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. (v) 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. (vi) Piers, seawalls, and facilities, Port of Tampa, on the western side of 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. (vii) 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). (viii) 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. (ix) 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. (x) 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, [[Page 23864]] 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. (xi) 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. 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. 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. 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 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 this subchapter, but reserves the right to establish additional provisions for any potentially hazardous cargos. (d) Enforcement. Under Sec. 165.33, no person may authorize the operation of a vessel in the security zones contrary to the provisions of this section. (e) Waivers. 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. Dated: May 29, 2025. Michael P. Kahle, Captain, U.S. Coast Guard, Captain of the Port, Sector St. Petersburg. [FR Doc. 2025-10224 Filed 6-4-25; 8:45 am] BILLING CODE 9110-04-P