[Federal Register: April 18, 2003 (Volume 68, Number 75)]
[Proposed Rules]
[Page 19166-19168]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap03-18]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Tampa 03-060]
RIN 1625-AA00
Security Zones; Tampa Bay, Florida
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish security zones in the
waters immediately adjacent to power facilities at Big Bend, and Weedon
Island in Tampa Bay, Florida. These zones are needed to ensure public
safety and security in the greater Tampa Bay area. Entry into these
zones would be prohibited unless authorized by the Captain of the Port,
or their designated representative.
DATES: Comments and related material must reach the Coast Guard on or
before June 17, 2003.
ADDRESSES: You may mail comments and related material to Marine Safety
Office Tampa, U.S. Coast Guard, 155 Columbia Drive, Tampa, Florida
33606. The Operations Department of Marine Safety Office Tampa
maintains the public docket for this rulemaking. Comments and material
received from the public, as well as documents indicated in this
preamble as being available in the docket, will become part of this
docket [COTP Tampa 03-060] and will be available for inspection or
copying at Coast Guard Marine Safety Office Tampa between 9 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LCDR David McClellan, Coast Guard
Marine Safety Office Tampa, at (813) 228-2189 extension 102.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [COTP Tampa
03-060], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. If you submit
them by mail and would like to know that they reached the Marine Safety
Office, please enclose a stamped, self-addressed postcard or envelope.
We will consider all comments and material received during the comment
period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Coast Guard at the address under ADDRESSES
explaining why one would be beneficial. If we determine that one would
aid this rulemaking, we will hold one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
The terrorist attacks of September 11, 2001, killed thousands of
people and heightened the need for development of various security
measures throughout the seaports of the United States, particularly
those vessels and facilities which are frequented by foreign nationals
and are of interest to national security. Following these attacks by
well-trained and clandestine terrorists, national security and
intelligence officials have warned that future terrorists attacks are
likely. The Captain of the Port of Tampa has determined that these
proposed security zones would protect the public, ports, and waterways
of the United States from potential subversive acts.
These proposed security zones are similar to the existing temporary
security zones established for these waterfront facilities that will
soon expire.
On March 7, 2003, the Captain of the Port issued a temporary rule
titled ``Security Zones; Tampa Bay, Port of
[[Page 19167]]
Tampa, Port of Saint Petersburg, Port Manatee, Rattlesnake, Old Port
Tampa, Big Bend, Weedon Island, and Crystal River, FL'' that was
published in the Federal Register on March 25, 2003 (68 FR 14328;
correction published April 9, 2003, 68 FR 17291). This temporary final
rule created a security zone, from surface to bottom, extending 50
yards from the shore, seawalls and piers around the Big Bend Power
Facility, prohibiting persons or vessels from entering the Big Bend
Power Facility. The same temporary final rule created a security zone,
from surface to bottom, extending 50 yards from the shore, seawalls and
piers around the Weedon Island Power Facility, prohibiting persons or
vessels from entering the suction and discharge canals at the power
facility.
Discussion of Proposed Rule
The Coast Guard proposes to make the following security zones
permanent:
(1) Big Bend, Tampa Bay, Florida. 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]47.85' N, 082[deg]25.02' W then east and south along the shore
and pile to 27[deg]47.63' N, 082[deg]24.70' W then north along the
shore to 27[deg]48.02' N, 082[deg]24.70' W then north and west along a
straight line to 27[deg]48.12' N, 082[deg]24.88' W then south along the
shore and pile to 27[deg]47.85' N, 082[deg]25.02' W, closing off
entrance to the Big Bend Power Facility.
(2) Weedon Island, Tampa Bay, Florida. 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 a line
connecting the following points: 27[deg]51.52' N, 082[deg]35.82' W then
north and east along the shore to 27[deg]51.54' N, 082[deg]35.78' W
then north to 27[deg]51.68' N, 082[deg]35.78' W then north to
27[deg]51.75' N, 082[deg]35.78' W closing off entrance to the canal
then north to 27[deg]51.89' N, 082[deg]35.82' W then west along the
shore to 27[deg]51.89' N, 082[deg]36.10' W then west to 27[deg]51.89'
N, 082[deg]36.14' W closing off entrance to the canal.
Entry into or remaining within these zones would be prohibited
unless authorized by the Coast Guard Captain of the Port, Tampa,
Florida or that officer's designated representative. Persons desiring
to transit the area of the security zone would have to contact the
Captain of the Port at telephone number 727-824-7531 or on VHF channel
16 to seek permission to transit the area. If permission is granted,
all persons and vessels would need to comply with the instructions of
the Captain of the Port or their designated representative.
Regulatory Evaluation
This proposed 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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary because there
is ample room for vessels to navigate around the security zones and the
Captain of the Port may allow vessels to enter the zones, on a case-by-
case basis with the express permission of the Captain of the Port of
Tampa or their designated representative.
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 because the zones are limited in size and
leave ample room for vessels to navigate around the zones. The zones
will not significantly impact commuter and passenger vessel traffic
patterns, and vessels may be allowed to enter the zones, on a case-by-
case basis, with the express permission of the Captain of the Port of
Tampa or their designated representative.
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.
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 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 the person listed
under FOR FURTHER INFORMATION CONTACT for assistance in understanding
this rule. 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).
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).
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. Although this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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.
[[Page 19168]]
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 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. We
invite your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
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.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides 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.
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; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.
2. Add Sec. 165.764 to read as follows:
Sec. 165.764 Security Zones; Big Bend and Weedon Island Power
Facilities, Tampa Bay, Florida.
(a) Location. The following areas, denoted by coordinates fixed
using the North American Datum of 1983 (World Geodetic System 1984),
are security zones:
(1) Big Bend, Tampa Bay, Florida. 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]47.85' N, 082[deg]25.02' W then east and south along the shore
and pile to 27[deg]47.63' N, 082[deg]24.70' W then north along the
shore to 27[deg]48.02' N, 082[deg]24.70' W then north and west along a
straight line to 27[deg]48.12' N, 082[deg]24.88' W then south along the
shore and pile to 27[deg]47.85' N, 082[deg]25.02' W, closing off
entrance to the Big Bend Power Facility.
(2) Weedon Island, Tampa Bay, Florida. 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 a line
connecting the following points: 27[deg]51.52' N, 082[deg]35.82' W then
north and east along the shore to 27[deg]51.54' N, 082[deg]35.78' W
then north to 27[deg]51.68' N, 082[deg]35.78' W then north to
27[deg]51.75' N, 082[deg]35.78' W closing off entrance to the canal
then north to 27[deg]51.89' N, 082[deg]35.82' W then west along the
shore to 27[deg]51.89' N, 082[deg]36.10' W then west to 27[deg]51.89'
N, 082[deg]36.14' W closing off entrance to the canal.
(b) Regulations. (1) Entry into or remaining within these zones is
prohibited unless authorized by the Coast Guard Captain of the Port,
Tampa, Florida or that officer's designated representative.
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 727-824-7531 or on
VHF channel 16 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 their designated representative.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191,
the authority for this section includes 33 U.S.C. 1226.
Dated: April 10, 2003.
James. M. Farley,
Captain, U.S. Coast Guard, Captain of The Port, Tampa, Florida.
[FR Doc. 03-9650 Filed 4-17-03; 8:45 am]
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