19970 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules 

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. Specifically, 

the proposed rule will establish a safety 

zone, which is categorically excluded 

under Commandant Instruction 

M16475.lD, Figure 2–1, paragraph 

(34)(g). A preliminary environmental 

analysis checklist supporting this 

determination is available in the docket 

where indicated under ADDRESSES. We 

seek 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. 0171.1. 

2. Add § 165.T17–0198 to read as 

follows: 

§ 165.T17–0198 Safety Zone; Port of Dutch 

Harbor; Dutch Harbor, Alaska. 

(a) Location. The following areas are 

safety zones: 

All navigable waters within a 25-yard 

radius of a moored or anchored offshore 

exploration or support vessel, or within 

a 100-yard radius of any underway 

offshore exploration or support vessel, 

located within the Port of Dutch Harbor, 

Broad Bay or adjacent navigable waters 

encompassed within the area from Cape 

Cheerful at 54–12.000 N 166–38.000 W 

north to the limits of the U.S. territorial 

sea, and from Princess Head at 53– 

59.000 N 166–25.900 W north to the 

limits of the U.S. territorial sea. 

(b) Effective date. The temporary 

safety zones become effective at 12:01 

a.m., June 15, 2012, and terminate on 

11:59 p.m., July 1, 2012, unless sooner 

terminated by the Captain of the Port. 

(c) Regulations. The general 

regulations governing safety zones 

contained in § 165.23 apply to all 

vessels operating within the area 

described in paragraph (a). 

(1) If a non-exploration or support 

vessel is moored or anchored and an 

offshore exploration or support vessel 

transits near them such that it places the 

moored or anchored vessel within the 

100-yard safety zone described in 

paragraph (a), the moored or anchored 

vessel must remain stationary until the 

offshore exploration or support vessel 

maneuvers to a distance exceeding the 

100-yard safety zone. 

(2) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port (COTP) or 

designated on-scene representative, 

consisting of commissioned, warrant, 

and petty officers of the Coast Guard. 

Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of a 

vessel shall proceed as directed by the 

COTP’s designated on-scene 

representative. 

(3) Entry into the safety zone is 

prohibited unless authorized by the 

COTP or his designated on-scene 

representative. Any persons desiring to 

enter the safety zone must contact the 

designated on-scene representative on 

VHF channel 16 (156.800 MHz) and 

receive permission prior to entering. 

(4) If permission is granted to transit 

within the safety zone, all persons and 

vessels must comply with the 

instructions of the designated on-scene 

representative. 

(5) The COTP will notify the maritime 

and general public by marine 

information broadcast during the period 

of time that the safety zones are in force 

by providing notice in accordance with 

33 CFR 165.7. 

(d) Penalties. Persons and vessels 

violating this rule are subject to the 

penalties set forth in 33. U.S.C. 1232 

and 50 U.S.C. 192. 

Dated: March 21, 2012. 

J.A. Fosdick, 

Captain, U.S. Coast Guard, Captain of the 

Port, Western Alaska. 

[FR Doc. 2012–7918 Filed 4–2–12; 8:45 am] 

BILLING CODE 9110–04–P 

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 


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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 81⁄2 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, selfaddressed 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 


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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°56′44′′ N, 82°27′37′′ W; and Point 2 

in position 27°56′44′′ N, 82°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°55′52′′ N, 

82°27′13′′ W; and Point 2 in position 

27°55′54′′ N, 82°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°55′51′′ N, 82°26′54′′ W; and Point 2 

in position 27°55′50′′ N, 82°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°56′16′′ N, 82°27′40′′ W; and 

Point 2 in position 27°56′18′′ N, 

82°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 


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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). 


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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 § 165.T07–0922 to 

read as follows: 

§ 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°56′44′′ N, 82°27′37′′ W; and Point 2 

in position 27°56′44′′ N, 82°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 


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Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules 19975 

points: Point 1 in position 27°55′52′′ N, 

82°27′13′′ W; and Point 2 in position 

27°55′54′′ N, 82°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°55′51′′ N, 82°26′54′′ W; and Point 2 

in position 27°55′50′′ N, 82°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°56′16′′ N, 82°27′40′′ W; and 

Point 2 in position 27°56′18′′ N, 

82°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 

DEPARTMENT OF VETERANS 

AFFAIRS 

48 CFR Parts 801, 806, 812, 837, 852, 

and 873 

VA Acquisition Regulation: Simplified 

Acquisition Procedures for HealthCare Resources (Section 610 Review) 

AGENCY: Department of Veterans Affairs. 

ACTION: Notice of regulatory review. 

SUMMARY: On January 24, 2003, 

Department of Veterans Affairs (VA) 

amended the VA Acquisition Regulation 

(VAAR) by establishing simplified 

procedures for the competitive 

acquisition of health-care resources, 

consisting of commercial services or the 

use of medical equipment or space, 

pursuant to the Veterans’ Health Care 

Eligibility Reform Act of 1996 (38 U.S.C. 

8151–8153). These procedures are 

codified at 48 CFR chapter 8. In 

developing these standards, VA 

performed a Regulatory Flexibility 

Analysis which indicated the rule could 

have a significant impact on a 

substantial number of small businesses. 

VA has initiated a review of this rule 

under section 610 of the Regulatory 

Flexibility Act to determine if the rule 

should be continued without change, or 

should be amended or rescinded, to 

minimize adverse economic impacts on 

small entities. Please note that VA is in 

the process of rewriting the VAAR and 

will be reviewing the requirements of 

this rule in detail as part of this revision 

initiative. In the interim, VA solicits, 

and will consider, public comments on 

factors described in the SUPPLEMENTARY

INFORMATION. 

DATES: Comments must be received by 

VA on or before May 3, 2012. 

ADDRESSES: Written comments may be 

submitted through www.regulations.gov; 

by mail or hand-delivery to the Director, 

Regulations Management (02REG), 

Department of Veterans Affairs, 810 

Vermont Ave. NW., Room 1068, 

Washington, DC 20420; or by fax to 

(202) 273–9026. Copies of comments 

received will be available for public 

inspection in the Office of Regulation 

Policy and Management, Room 1063B, 

between the hours of 8 a.m. and 4:30 

p.m. Monday through Friday (except 

holidays). Please call (202) 461–4902 for 

an appointment. In addition, during the 


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