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14 August 2007
[Federal Register: August 13, 2007 (Volume 72, Number 155)]
[Rules and Regulations]
[Page 45162-45165]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au07-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Sector St. Petersburg, FL. 07-047]
RIN 1625-AA87
Security Zone; Tampa Bay, Port of Tampa, Rattlesnake, Big Bend,
FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final Rule.
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SUMMARY: The Coast Guard is temporarily revising the security zones in
the Port of Tampa, East Bay, Rattlesnake, Sunshine Skyway Bridge and
Big Bend for the purpose of providing counter-surveillance, intrusion
detection and response measures. Entry into these zones will be
prohibited unless authorized by the Captain of the Port, or his
designated representative.
DATES: This rule is effective from July 26, 2007 through January 1,
2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP 07-047] and are available for
inspection or copying at Coast Guard Sector St. Petersburg, Prevention
Department, 155 Columbia Drive, Tampa, FL 33606-3598 between 7:30 a.m.
and 3:30 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lt. Ronaydee Marquez, Waterways
Management Division, Sector St. Petersburg, FL (813) 228-2191 Ext 8307.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. It is necessary to implement
these changes immediately to ensure the security of vessels,
facilities, and the surrounding areas within the Captain of the Port
Sector St. Petersburg Zone. These are temporary modifications of
currently existing zones. The Coast Guard does intend to make these
changes permanent, and will publish a Notice of Proposed Rulemaking to
request public comments before any permanent changes are made.
For the same reasons, 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.
Background and Purpose
The Maritime Transportation Security Act mandated Area Maritime
Security Committee convened a working group to validate the existing
security zones within Tampa Bay that were established following the
terrorist attacks of September 11, 2001. These existing security zones
included some established September 3, 2003, codified in 33 CFR
165.760, and some established September 1, 2003, codified in Sec.
165.764 (68 FR 47852, August 12, 2003).
Using the newly developed Maritime Security Risk Analysis Model
tool, the working group evaluated risk to the maritime transportation
system (MTS) within Tampa Bay. The results of the risk assessment
indicated the need to revise the following established security zones
for the purpose of implementing counter-surveillance; and, intrusion
detection and response measures:
Sec. 165.760(a)(1), Rattlesnake, Tampa, FL;
Sec. 165.760(a)(3), Sunshine Skyway Bridge, Tampa, FL;
Sec. 165.760(a)(5), Piers, Seawalls, and Facilities, Port
of Tampa, Port Sutton and East Bay;
Sec. 165.760(a)(6), Piers, Seawalls, and Facilities, Port
of Tampa, East Bay and the eastern side of Hooker's Point;
Sec. 165.760(a)(7), Piers, Seawalls, and Facilities, Port
of Tampa, on the western side of Hooker's Point; and
Sec. 165.760(a)(8), Piers, Seawalls, and Facilities, Port
of Manatee.
Sec. 165.764(a)(1), Big Bend, Tampa Bay, Florida zone.
The Security Zones revised include 3 zones within the Port of Tampa
(Port Sutton and East Bay; East Bay and the eastern side of Hooker's
Point; and the western side of Hooker's Point), Sunshine Skyway Bridge,
Rattlesnake and Big Bend and Port of Manatee. At the Port of Tampa, a
minor adjustment to the Security Zone boundary was implemented for
alignment with protected assets. The East Bay segment of the Security
Zone was discontinued. The Security Zone beneath the Sunshine Skyway
Bridge was reduced to the size of the navigable channel. The
Rattlesnake area Security Zone was expanded shoreward to protect
critical facilities. The Big Bend Security Zone was modified to align
with the natural barriers around the facility.
Discussion of Rule
This temporary rule is establishing the following security zones
and will temporarily suspend paragraphs in Sec. Sec. 165.760 and
165.764 that are being replaced by these new security zones or that are
no longer needed. The coordinates are based on North American Datum
(NAD) 1983.
Rattlesnake, Tampa, FL. All water from surface to bottom,
in Old Tampa Bay east and south of a line commencing at position
27[deg]53.32' N, 082[deg]32.05' W; north to 27[deg]53.36' N,
082[deg]32.05' W, including the fenced area encompassing the Chemical
Formulators Chlorine Facility.
Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from
surface to bottom, in Cut ``A'' channel beneath the bridge's main span
encompassed by a line connecting the following points: 27[deg]37.30' N,
082[deg]39.38' W to 27[deg]37.13' N, 082[deg]39.26' W; and, the bridge
structure columns, base and dolphins. This 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.
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]26.11' W, east northeast to
27[deg]54.19' N, 082[deg]26.00' W, then northeast to 27[deg]54.37' N,
082[deg]25.72' W, closing off all Port Sutton channel, then northerly
to 27[deg]54.48' N, 082[deg]25.70' W.
Piers, seawalls, and facilities, Port of Tampa, on the
western side of Hooker's Point, Tampa, FL. All waters,
[[Page 45163]]
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, northwest to 27[deg]55.25'
N, 082[deg]26.73' W, then north-northwest to 27[deg]55.60' N,
082[deg]26.80' W, then north-northeast to 27[deg]56.00' N,
082[deg]26.75' W, then northeast to 27[deg]56.58' N, 082[deg]26.53' W,
and north to 27[deg]57.29' N, 082[deg]26.51' W, west to 27[deg]57.29'
N, 082[deg]26.61' W, then southerly to 27[deg]56.65' N, 082[deg]26.63'
W, southwesterly to 27[deg]56.58' N, 082[deg]26.69' W, then
southwesterly and terminating at 27[deg]56.53' N, 082[deg]26.90' W.
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 a line connecting the following points:
27[deg]48.08' N, 082[deg]24.88' W then northwest to 27[deg]48.15' N,
082[deg]24.96' W then southwest to 27[deg]48.10' N, 082[deg]25.00' W
then south-southwest to 27[deg]47.85' N, 082[deg]25.03' W then
southeast to 27[deg]47.85' N, 082[deg]24.79' W then east to
27[deg]47.55' N, 082[deg]24.04' W then north to 27[deg]47.62' N,
082[deg]84.04' W then west to 27[deg]47.60' N, 082[deg]24.72' W then
north to 27[deg]48.03' N, 082[deg]24.70' W then northwest to
27[deg]48.08' N, 082[deg]24.88' W, closing off entrance to Big Bend
Power Facility and the attached cooling canal.
Entry into or remaining on or within these zones is prohibited
unless authorized by the Captain of the Port Sector St. Petersburg or
his designated representative. Persons desiring to transit the area of
the security zone may contact the Captain of the Port Sector St.
Petersburg or his designee on VHF channel 16, or by phone at (727) 824-
7506, to seek permission to transit the area. If permission is granted,
all persons and vessels must comply with the instructions of the
Captain of the Port or his designated representative.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. 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, the Captain of the Port may, on a case-by-case basis allow
persons or vessels to enter a security zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule may impact the following entities, some of which
may be small entities: the owners or operators of vessels who wish to
transit in the areas where the security zones are enforced. This rule
will not have a significant impact on a substantial number of small
entities because the majority of the zones are limited in size, leaving
ample room for vessels to navigate around the zones. The zones will not
significantly impact commuter and passenger vessel traffic patterns,
and mariners will be notified of the zones via local notice to mariners
and marine broadcasts. Also, the Captain of the Port may on a case-by-
case basis allow persons or vessels to enter a security zone.
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
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the office listed under FOR
FURTHER INFORMATION CONTACT, for assistance in understanding this rule.
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
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
[[Page 45164]]
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g.), of the Instruction, from further environmental
documentation. An ``Environmental Analysis Check List'' and a
``Categorical Exclusion 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.
0
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 art 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add new temporary Sec. 165.T07-047 to read as follows:
Sec. 165.T07-047 Security Zone; Tampa Bay, Port of Tampa, Rattlesnake
and Big Bend; Florida.
(a) Regulated Areas. The following areas, denoted by coordinates
fixed using the North American Datum of 1983, are security zones:
(1) Rattlesnake, Tampa, FL. All water from surface to bottom, in
Old Tampa Bay east and south of a line commencing at position
27[deg]53.32' N, 082[deg]32.05' W; north to 27[deg]53.36' N,
082[deg]32.05' W, including the fenced area encompassing the Chemical
Formulators Chlorine Facility.
(2) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from
surface to bottom, in Cut ``A'' channel beneath the bridge's main span
encompassed by a line connecting the following points: 27[deg]37.30' N,
082[deg]39.38' W to 27[deg]37.13' N, 082[deg]39.26' W; and, the bridge
structure columns, base and dolphins. This 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.
(3) 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]26.11' W, east northeast to
27[deg]54.19' N, 082[deg]26.00' W, then northeast to 27[deg]54.37' N,
082[deg]25.72' W, closing off all Port Sutton Channel, then northerly
to 27[deg]54.48' N, 082[deg]25.70' W.
(4) 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, northwest to 27[deg]55.25' N, 082[deg]26.73' W, then
north-northwest to 27[deg]55.60' N, 082[deg]26.80' W, then north-
northeast to 27[deg]56.00' N, 082[deg]26.75' W, then northeast to
27[deg]56.58' N, 082[deg]26.53' W, and north to 27[deg]57.29' N,
082[deg]26.51' W, west to 27[deg]57.29' N, 082[deg]26.61' W, then
southerly to 27[deg]56.65' N, 082[deg]26.63' W, southwesterly to
27[deg]56.58' N, 082[deg]26.69' W, then southwesterly and terminating
at 27[deg]56.53' N, 082[deg]26.90' W.
(5) 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 a line connecting the following points: 27[deg]48.08' N,
082[deg]24.88' W then northwest to 27[deg]48.15' N, 082[deg]24.96' W
then southwest to 27[deg]48.10' N, 082[deg]25.00' W then south-
southwest to 27[deg]47.85' N, 082[deg]25.03' W then southeast to
27[deg]47.85' N, 082[deg]24.79' W the east to 27[deg]47.55' N,
082[deg]24.04' W the north to 27[deg]47.62' N, 082[deg]84.04' W then
west to 27[deg]47.60' N, 082[deg]24.72' W then north to 27[deg]48.03'
N, 082[deg]24.70' W then northwest to 27[deg]48.08' N, 082[deg]24.88'
W, closing off entrance to Big Bend Power Facility and the attached
cooling canal.
(b) Regulation. (1) Entry into or remaining on or within these
zones is prohibited unless authorized by the Captain of the Port Sector
St. Petersburg or his designee.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port Sector St. Petersburg or his designee
on VHF channel 16, or by phone at (727) 824-7506, to seek permission to
transit the area. If permission is granted, all persons and vessels
must comply with the instructions of the Captain of the Port or his
designated representative.
(c) Effective period. This section is effective from July 26, 2007,
through January 1, 2008.
Sec. 165.760 [Amended]
0
3. In Sec. 165.760, from July 26, 2007, until January 1, 2008, suspend
paragraphs (a)(1), (a)(3), (a)(5), (a)(6), (a)(7) and (a)(8).
Sec. 165.764 [Amended]
0
4. In Sec. 165.764, from July 26, 2007 until January 1, 2008, suspend
paragraph (a)(1).
[[Page 45165]]
Dated: July 25, 2007.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. E7-15827 Filed 8-10-07; 8:45 am]
BILLING CODE 4910-15-P
