[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Proposed Rules]
[Pages 19970-19975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7921]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 <a href="/cdn-cgi/l/email-protection#1d592d2a304e505f30497c706d7c304a4a505d686e7e7a33707471"><span class="__cf_email__" data-cfemail="df9befe8f28c929df28bbeb2afbef28888929faaacbcb8f1b2b6b3">[email protected]</span></a>. 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 
<a href="/cdn-cgi/l/email-protection#82c6b2b5afd1cfc0afd6e3eff2e3afd5d5cfc2f7f1e1e5acefebee"><span class="__cf_email__" data-cfemail="7d394d4a502e303f50291c100d1c502a2a303d080e1e1a53101411">[email protected]</span></a>. 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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>