3 April 2012
Coast Guard Security for Republican Convention
[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Proposed Rules]
[Pages 19970-19975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7921]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0922]
RIN 1625-AA87
Security Zones; 2012 Republican National Convention, Captain of
the Port St. Petersburg Zone, Tampa, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish seven temporary security
zones on the waters and adjacent land 20 feet shoreward of the mean
high water marks of Garrison Channel, Hillsborough River, Seddon
Channel, Sparkman Channel, the unnamed channel north of Davis Islands,
Ybor Channel, and Ybor Turning Basin in the vicinity of Tampa, Florida
during the 2012 Republican National Convention. The 2012 Republican
National Convention will be held at the Tampa Bay Times Forum building
and other venues from August 27, 2012 through August 31, 2012. The
Department of Homeland Security has designated the 2012 Republican
National Convention as a National Special Security Event. 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.
DATES: Comments and related material must be received by the Coast
Guard on or before June 4, 2012. Requests for public meetings must be
received by the Coast Guard on or before May 3, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0922 using any of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for
[[Page 19971]]
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Marine Science Technician First Class Nolan L.
Ammons, Sector St. Petersburg Prevention Department, Coast Guard;
telephone (813) 228-2191, email D07-SMB-Tampa-WWM@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone (202) 366-
9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage members of the public and others who are interested in
or affected by this proposal to participate in this rulemaking by
submitting comments and related materials. All comments received will
be posted without change to http://www.regulations.gov and will include
any personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0922), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit comments online, go to http://www.regulations.gov, click
on the ``submit a comment'' box, which will then become highlighted in
blue. In the ``Document Type'' drop down menu select ``Proposed Rule''
and insert ``USCG-2011-0922'' in the ``Keyword'' box. Click ``Search''
then click on the balloon shape in the ``Actions'' column. Comments
submitted by mail or hand delivery must be in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0922'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. The Coast Guard
has an agreement with the Department of Transportation to use the
Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not anticipate convening public meetings regarding this
proposal. You may, however, submit a request for a public meeting on or
before May 3, 2012 using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that a public meeting would aid this
rulemaking, a meeting will be convened at a time and place announced in
a subsequent notice in the Federal Register.
Basis and Purpose
The legal basis for the proposed 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 proposed rule is to provide for the safety and
security of convention delegates official parties, dignitaries, and the
public during the 2012 Republican National Convention.
Discussion of Proposed Rule
From August 27, 2012 through August 30, 2012, the 2012 Republican
National Convention will be held in Tampa, Florida. Primary venues for
the 2012 Republican National Convention are the Tampa Bay Times Forum
building and the Tampa Convention Center, both of which are located
adjacent or proximate to Garrison Channel, Hillsborough River, Seddon
Channel, Sparkman Channel, the unnamed channel north of Davis Islands,
Ybor Channel, and Ybor Turning Basin in Tampa, Florida. Secondary
venues and venues hosting convention-related activities will take place
in other locations throughout Tampa, Florida on or in close proximity
to navigable waters.
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 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.
The Coast Guard has conducted threat, vulnerability, and risk
analyses relating to the maritime transportation system and 2012
Republican National Convention activities. Threats confronting the 2012
Republican National Convention assume two primary forms: homeland
security threats and violent or disruptive public disorder. The 2012
Republican National Convention is expected to draw widespread protests
by persons dissatisfied with national and foreign policy and the
Republican Party agenda. This politically-oriented event has the
potential to attract anarchists and others intent on expressing their
opposition through violence and criminal activity. The 2012 Republican
National Convention also presents an attractive target for terrorist
and extremist organizations.
Considerable law enforcement on land may render maritime approaches
an attractive alternative. Tampa has
[[Page 19972]]
significant 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 Department of Homeland Security Small Vessel Security Strategy
sets forth several threat scenarios that must be mitigated in the
maritime security planning for the 2012 Republican Convention. These
threats include the potential use of a small vessel to: (1) Deliver a
weapon of mass destruction; (2) launch a stand-off attack weapon; or
(3) deliver an armed assault force. 2012 Republican National Convention
maritime security planning anticipates these threats, while minimizing
the public impact of security operations.
The proposed security zones and accompanying security measures have
been specifically developed to mitigate the threats and vulnerabilities
identified in the analysis set forth above. Security measures have been
limited to the minimum necessary to mitigate risks associated with the
identified threats. The Coast Guard considered establishing a waterside
demonstration area. However, due to the proximity of the main venue
area, the geography of the area in question, the associated threats to
the convention, and the potential to interfere with law enforcement and
security operations, the Coast Guard determined that establishing such
an area would not be feasible. The Coast Guard expects ample landside
demonstration areas to be available.
The Coast Guard, on behalf of the 2012 Republican National
Convention Public Safety Committee, has initiated an outreach program
to inform maritime stakeholders within Tampa of potential disruptions
to normal maritime activities during the convention. On January 27,
2012, outreach efforts to the local community began with a presentation
to the Tampa Bay Harbor Safety and Security Committee. Additional
meetings were held with businesses that operate in the vicinity of the
main venue. On February 1, 2012 and February 29, 2012, public meetings
were held. At each of these meetings, the Coast Guard presented: (1)
General information on National Special Security Events; (2) an
overview of the 2012 Republican National Convention; (3) a description
of the organization of the public safety committee and subcommittees
established for the convention; (4) a brief discussion of the proposed
security zones, along with likely limitations on vessel movements and
enhanced security measures; and (5) the threat, vulnerability and risk
analysis of the convention from a maritime perspective.
Responses to information presented by the Coast Guard were
generally positive and supportive. The majority of questions were
requests for additional details, such as exactly when the security zone
would be in effect and what size vessels will be allowed to transit the
zone or use the docks in the primary venue area. Several people asked
questions seeking to clarify the restrictions, such as whether boat
owners would be able to access their vessels, or whether commercial
traffic would be allowed to operate in Sparkman Channel. There were two
questions concerning the sufficiency of planned security measures on
the south and east sides of Harbour Island.
The Coast Guard responded to all inquiries by stating that the
details of the security zones were still under development and were
subject to change. At each meeting, the Coast Guard reminded attendees
to review the notice of proposed rulemaking when it is published in the
Federal Register, and encouraged attendees to submit comments to the
docket if they had concerns or questions.
The proposed rule would establish seven temporary security zones in
the Captain of the Port St. Petersburg Zone during the 2012 Republican
National Convention in Tampa, Florida. The security zones would be
enforced from 12:01 p.m. on August 25, 2012 through 11:59 a.m. on
August 31, 2012. The security zones are listed below. All coordinates
are North American Datum 1983.
(1) Garrison Channel. All waters of Garrison Channel, including
adjacent land 20 feet shoreward of the mean high water mark of Garrison
Channel. All persons and vessels would be prohibited from entering or
transiting the security zone unless authorized by the Captain of the
Port St. Petersburg or a designated representative. Vessels with
permanent moorings in the security zone would not be permitted to move
during the enforcement period. Vessels remaining in the security zone
during the enforcement period would be subject to inspection and
examination by Coast Guard and other law enforcement officials. Persons
desiring to access their vessels within the security zone would be
subject to security screenings.
(2) Hillsborough River. All waters of Hillsborough River, including
adjacent land 20 feet shoreward of the mean high water mark of
Hillsborough River, south of an imaginary line between the following
points: Point 1 in position 27[deg]56'44'' N, 82[deg]27'37'' W; and
Point 2 in position 27[deg]56'44'' N, 82[deg]27'33'' W. All persons and
vessels would be prohibited from entering or remaining within the
security zone unless authorized by the Captain of the Port St.
Petersburg or a designated representative.
(3) Seddon Channel. All waters of Seddon Channel, including
adjacent land 20 feet shoreward of the mean high water mark of Seddon
Channel, north of an imaginary line between the following points: Point
1 in position 27[deg]55'52'' N, 82[deg]27'13'' W; and Point 2 in
position 27[deg]55'54'' N, 82[deg]27'08'' W. All persons and vessels
would be prohibited from entering or remaining within the security zone
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
(4) Sparkman Channel. All waters of Sparkman Channel, including
adjacent land 20 feet shoreward of the mean high water mark of Sparkman
Channel, north of an imaginary line between the following points: Point
1 in position 27[deg]55'51'' N, 82[deg]26'54'' W; and Point 2 in
position 27[deg]55'50'' N, 82[deg]26'45'' W. Recreational vessels would
be prohibited from entering or remaining in Sparkman Channel unless
authorized by the Captain of the Port St. Petersburg or a designated
representative. Commercial vessels would be authorized to enter or
transit Sparkman Channel, subject to compliance with security protocols
established by the Captain of the Port St. Petersburg, including: (a)
Advance notice of intent to transit; (b) inspection and examination of
all commercial vessels and persons requesting authorization to transit
the security zone (including positive identification checks); and (c)
embarkation of law enforcement personnel during authorized security
zone transits.
(5) Unnamed Channel North of Davis Islands. All waters of the
unnamed channel north of Davis Islands, including adjacent land 20 feet
shoreward of the mean high water mark of the unnamed channel north of
Davis Islands, east of an imaginary line between the following points:
Point 1 in position 27[deg]56'16'' N, 82[deg]27'40'' W; and Point 2 in
position 27[deg]56'18'' N, 82[deg]27'43'' W. All persons and vessels
would be prohibited from entering or remaining within the security zone
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
(6) Ybor Channel. All waters of Ybor Channel, including adjacent
land 20 feet shoreward of the mean high water mark of Ybor Channel.
Recreational vessels
[[Page 19973]]
would be prohibited from entering or remaining in Ybor Channel unless
authorized by the Captain of the Port St. Petersburg or a designated
representative. Commercial vessels would be authorized to enter or
transit Ybor Channel, subject to compliance with security protocols
established by the Captain of the Port St. Petersburg, including: (a)
Advance notice of intent to transit; (b) inspection and examination of
all commercial vessels and persons requesting authorization to transit
the security zone (including positive identification checks); and (c)
embarkation of law enforcement personnel during authorized security
zone transits.
(7) Ybor Turning Basin. All waters of Ybor Turning Basin, including
adjacent land 20 feet shoreward of the mean high water mark of Ybor
Turning Basin. Recreational vessels would be prohibited from entering
or remaining in Ybor Turning Basin unless authorized by the Captain of
the Port St. Petersburg or a designated representative. Commercial
vessels would be authorized to enter or transit Ybor Turning Basin,
subject to compliance with security protocols established by the
Captain of the Port St. Petersburg, including: (a) Advance notice of
intent to transit; (b) inspection and examination of all commercial
vessels and persons requesting authorization to transit the security
zone (including positive identification checks); and (c) embarkation of
law enforcement personnel during authorized security zone transits.
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.
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.
Regulatory Analyses
We developed this proposed 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.
Regulatory Planning and Review
Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, 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 (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This proposed rule has not been designated a significant
regulatory action under section 3(f) of Executive Order 12866.
Accordingly, the Office of Management and Budget has not reviewed this
proposed rule under Executive Order 12866.
The economic impact of this proposed rule is not significant for
the following reasons: (1) The security zones would be enforced for a
total of 144 hours; (2) the security zones would be in a location where
commercial vessel traffic is expected to be minimal; (3) commercial
vessel traffic would be authorized to transit the security zones to the
extent compatible with public safety and security; (4) persons and
vessels would be able to operate in the surrounding area adjacent to
the security zones during the enforcement period; (5) persons and
vessels would 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 zones to the local community by Local
Notice to Mariners, Broadcast Notice to Mariners, and public outreach.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed 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
Garrison Channel, Hillsborough River, Seddon Channel, Sparkman Channel,
unnamed channel north of Davis Islands, Ybor Channel, and Ybor Turning
Basin encompassed within the proposed security zones 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
proposed rule would 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 proposed 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 proposed rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Marine Science
Technician First Class Nolan L. Ammons, Sector St. Petersburg
Prevention Department, Coast Guard; telephone (813) 228-2191, email
D07-SMB-Tampa-WWM@uscg.mil. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 19974]]
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 proposed rule would not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed 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.
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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.
Indian Tribal Governments
This proposed 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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing seven temporary security zones, as described
in paragraph 34(g) of the Instruction that will be enforced for a total
of 144 hours. We invite any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.
2. Add a temporary Sec. 165.T07-0922 to read as follows:
Sec. 165.T07-0922 Security Zones; 2012 Republican National
Convention, Captain of the Port St. Petersburg Zone, Tampa, FL.
(a) Regulated Areas. The following regulated areas are security
zones. All coordinates are North American Datum 1983.
(1) Garrison Channel. All waters of Garrison Channel, including
adjacent land 20 feet shoreward of the mean high water mark of Garrison
Channel. All persons and vessels are prohibited from entering or
transiting the regulated area unless authorized by the Captain of the
Port St. Petersburg or a designated representative. Vessels with
permanent moorings in the regulated area are not permitted to move
during the enforcement period. Vessels remaining in the regulated area
during the enforcement period are subject to inspection and examination
by Coast Guard and other law enforcement officials. Persons desiring to
access their vessels within the regulated area are subject to security
screenings.
(2) Hillsborough River. All waters of Hillsborough River, including
adjacent land 20 feet shoreward of the mean high water mark of
Hillsborough River, south of an imaginary line between the following
points: Point 1 in position 27[deg]56'44'' N, 82[deg]27'37'' W; and
Point 2 in position 27[deg]56'44'' N, 82[deg]27'33'' W. All persons and
vessels are prohibited from entering or remaining within the regulated
area unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
(3) Seddon Channel. All waters of Seddon Channel, including
adjacent land 20 feet shoreward of the mean high water mark of Seddon
Channel, north of an imaginary line between the following
[[Page 19975]]
points: Point 1 in position 27[deg]55'52'' N, 82[deg]27'13'' W; and
Point 2 in position 27[deg]55'54'' N, 82[deg]27'08'' W. All persons and
vessels are prohibited from entering or remaining within the regulated
area unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
(4) Sparkman Channel. All waters of Sparkman Channel, including
adjacent land 20 feet shoreward of the mean high water mark of Sparkman
Channel, north of an imaginary line between the following points: Point
1 in position 27[deg]55'51'' N, 82[deg]26'54'' W; and Point 2 in
position 27[deg]55'50'' N, 82[deg]26'45'' W. Recreational vessels are
prohibited from entering or remaining in the regulated area unless
authorized by the Captain of the Port St. Petersburg or a designated
representative. Commercial vessels are authorized to enter or transit
the regulated area, subject to compliance with security protocols
established by the Captain of the Port St. Petersburg, including: (a)
Advance notice of intent to transit; (b) inspection and examination of
all commercial vessels and persons requesting authorization to transit
the regulated area (including positive identification checks); and (c)
embarkation of law enforcement personnel during authorized regulated
area transits.
(5) Unnamed Channel North of Davis Islands. All waters of the
unnamed channel north of Davis Islands, including adjacent land 20 feet
shoreward of the mean high water mark of the unnamed channel north of
Davis Islands, east of an imaginary line between the following points:
Point 1 in position 27[deg]56'16'' N, 82[deg]27'40'' W; and Point 2 in
position 27[deg]56'18'' N, 82[deg]27'43'' W. All persons and vessels
are prohibited from entering or remaining within the regulated area
unless authorized by the Captain of the Port St. Petersburg or a
designated representative.
(6) Ybor Channel. All waters of Ybor Channel, including adjacent
land 20 feet shoreward of the mean high water mark of Ybor Channel.
Recreational vessels are prohibited from entering or remaining in Ybor
Channel unless authorized by the Captain of the Port St. Petersburg or
a designated representative. Commercial vessels are authorized to enter
or transit Ybor Channel, subject to compliance with security protocols
established by the Captain of the Port St. Petersburg, including: (a)
Advance notice of intent to transit; (b) inspection and examination of
all commercial vessels and persons requesting authorization to transit
the regulated area (including positive identification checks); and (c)
embarkation of law enforcement personnel during authorized regulated
area transits.
(7) Ybor Turning Basin. All waters of Ybor Turning Basin, including
adjacent land 20 feet shoreward of the mean high water mark of Ybor
Turning Basin. Recreational vessels are prohibited from entering or
remaining in Ybor Turning Basin unless authorized by the Captain of the
Port St. Petersburg or a designated representative. Commercial vessels
are authorized to enter or transit Ybor Turning Basin, subject to
compliance with security protocols established by the Captain of the
Port St. Petersburg, including: (a) Advance notice of intent to
transit; (b) inspection and examination of all commercial vessels and
persons requesting authorization to transit the security zone
(including positive identification checks); and (c) embarkation of law
enforcement personnel during authorized regulated area transits.
(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 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.
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.
(2) 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 the regulated areas may be subject to boarding and
inspection of the vessel and persons onboard.
(3) 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
August 25, 2012 through 11:59 a.m. on August 31, 2012.
Dated: March 13, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2012-7921 Filed 4-2-12; 8:45 am]
BILLING CODE 9110-04-P
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