[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Rules and Regulations]
[Pages 1276-1279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-21]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2007-0097]
RIN 1625-AA87


Security Zone; Tampa Bay, Port of Tampa, Rattlesnake, Big Bend, 
FL

AGENCY: Coast Guard, DHS.

[[Page 1277]]


ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily revising the security zones in 
the Port of Tampa, East Bay, Rattlesnake, Sunshine Skyway Bridge and 
Big Bend for the purpose of providing counter-surveillance, intrusion 
detection and response measures. Entry into these zones will be 
prohibited unless authorized by the Captain of the Port St. Petersburg 
or a designated representative.

DATES: This rule is effective from January 2, 2008, until February 7, 
2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [USCG-2007-0097] and are available for 
inspection or copying at Coast Guard Sector St. Petersburg, Prevention 
Department, 155 Columbia Drive, Tampa, FL 33606-3598 between 7:30 a.m. 
and 3:30 p.m., Monday through Friday, except Federal holidays. They are 
also available in our online docket via www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Lt. Ronaydee Marquez, Waterways 
Management Division, Sector St. Petersburg, FL (813) 228-2191 Ext 8307.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM and 
delaying its effective date would be contrary to the public interest 
since immediate action is necessary to continue security zones where 
the [COTP Sector St. Petersburg, FL. 07-047] temporary final rule 
established them to ensure the security of vessels, facilities, and the 
surrounding areas within the Captain of the Port Sector St. Petersburg 
Zone. The Coast Guard is making these changes permanent through the 
implementation of a final rule published elsewhere in today's Federal 
Register. The Coast Guard published a notice of proposed rulemaking in 
the Federal Register on November 6, 2007 (72 FR 62609), in that 
separate rulemaking for the final rule. Temporary Final Rule [COTP 
Sector St. Petersburg, FL. 07-047] will expire just before the final 
rule comes into effect on February 7, 2008. The purpose of this 
temporary final rule is to maintain the security zones between the time 
the [COTP Sector St. Petersburg, FL. 07-047] expires and the 
implementation of the final rule [USCG-2007-0062].
    For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

Background and Purpose

    This temporary final rule adopts the currently established 
revisions to the Tampa Bay security zones as published under [COTP 
Sector St. Petersburg, FL. 07-047] and as proposed the NPRM published 
on November 6, 2007. The temporary final rule [COTP Sector St. 
Petersburg, FL. 07-047] lasts only through January 1, 2008, at which 
time the final rule [USCG-2007-0062] published elsewhere in today's 
Federal Register will not yet be effective. As referenced in the 
temporary final rule [COTP Sector St. Petersburg, FL. 07-047], the 
Maritime Transportation Security Act mandated Area Maritime Security 
Committee convened a working group to validate the existing security 
zones within Tampa Bay that were established following the terrorist 
attacks of September 11, 2001. These existing security zones included 
some established September 3, 2003, codified in 33 CFR 165.760, and 
some established September 1, 2003, codified in Sec.  165.764 (68 FR 
47852, August 12, 2003).
    Using the newly developed Maritime Security Risk Analysis Model 
tool, the working group evaluated risk to the maritime transportation 
system (MTS) within Tampa Bay. The results of the risk assessment 
indicated the need to revise the following established security zones 
for the purpose of implementing counter-surveillance; and, intrusion 
detection and response measures:
    <bullet> Sec.  165.760(a)(1), Rattlesnake, Tampa, FL;
    <bullet> Sec.  165.760(a)(3), Sunshine Skyway Bridge, Tampa, FL;
    <bullet> Sec.  165.760(a)(5), Piers, Seawalls, and Facilities, Port 
of Tampa, Port Sutton and East Bay;
    <bullet> Sec.  165.760(a)(6), Piers, Seawalls, and Facilities, Port 
of Tampa, East Bay and the eastern side of Hooker's Point;
    <bullet> Sec.  165.760(a)(7), Piers, Seawalls, and Facilities, Port 
of Tampa, on the western side of Hooker's Point; and
    <bullet> Sec.  165.760(a)(8), Piers, Seawalls, and Facilities, Port 
of Manatee.
    <bullet> Sec.  165.764(a)(1), Big Bend, Tampa Bay, Florida zone. 
The Security Zones revised includes 3 zones within the Port of Tampa 
(Port Sutton and East Bay; East Bay and the eastern side of Hooker's 
Point; and the western side of Hooker's Point), Sunshine Skyway Bridge, 
Rattlesnake and Big Bend and Port of Manatee. At the Port of Tampa, a 
minor adjustment to the Security Zone boundary was implemented for 
alignment with protected assets. The East Bay segment of the Security 
Zone was discontinued. The Security Zone beneath the Sunshine Skyway 
Bridge was reduced to the size of the navigable channel. The 
Rattlesnake area Security Zone was expanded shoreward to protect 
critical facilities. The Big Bend Security Zone was slightly modified 
to align with the natural barriers around the facility.

Discussion of Rule

    This temporary rule extends the regulation established by temporary 
final rule [COTP Sector St. Petersburg, FL. 07-047]. The following 
security zones will temporarily suspend paragraphs in Sec. Sec.  
165.760 and 165.764 that are being replaced by these new security zones 
or that are no longer needed. The coordinates are based on North 
American Datum (NAD) 1983.
    <bullet> Rattlesnake, Tampa, FL. All water from surface to bottom, 
in Old Tampa Bay east and south of a line commencing at position 
27[deg]53.32' N, 082[deg]32.05' W; north to 27[deg]53.36' N, 
082[deg]32.05' W, including the fenced area encompassing the Chemical 
Formulators Chlorine Facility.
    <bullet> Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from 
surface to bottom, in Cut ``A'' channel beneath the bridge's main span 
encompassed by a line connecting the following points: 27[deg]37.30' N, 
082[deg]39.38' W to 27[deg]37.13' N, 082[deg]39.26' W; and, the bridge 
structure columns, base and dolphins. This is specific to the bridge 
structure and dolphins and does not include waters adjacent to the 
bridge columns or dolphins outside of the bridge's main span.
    <bullet> Piers, seawalls, and facilities, Port of Tampa and Port 
Sutton, Tampa, FL. All waters, from surface to bottom, extending 50 
yards from the shore, seawall and piers around facilities in Port 
Sutton within the Port of Tampa encompassed by a line connecting the 
following points: 27[deg]54.15' N, 082[deg]26.11' W, east northeast to 
27[deg]54.19' N, 082[deg]26.00' W, then northeast to 27[deg]54.37' N, 
082[deg]25.72' W, closing off all Port Sutton channel, then northerly 
to 27[deg]54.48' N, 082[deg]25.70' W.
    <bullet> Piers, seawalls, and facilities, Port of Tampa, on the 
western side of Hooker's Point, Tampa, FL. All waters, from surface to 
bottom, extending 50 yards from the shore, seawall and piers around 
facilities on Hillsborough Bay northern portion of Cut ``D'' channel, 
Sparkman channel, Ybor Turning Basin, and Ybor channel within the Port 
of Tampa encompassed by a line connecting the following points: 
27[deg]54.74' N, 082[deg]26.47' W, northwest to 27[deg]55.25' N, 
082[deg]26.73' W, then north-northwest to 27[deg]55.60' N, 
082[deg]26.80' W,

[[Page 1278]]

then north-northeast to 27[deg]56.00' N, 082[deg]26.75' W, then 
northeast to 27[deg]56.58' N, 082[deg]26.53' W, and north to 
27[deg]57.29' N, 082[deg]26.51' W, west to 27[deg]57.29' N, 
082[deg]26.61' W, then southerly to 27[deg]56.65' N, 082[deg]26.63' W, 
southwesterly to 27[deg]56.58' N, 082[deg]26.69' W, then southwesterly 
and terminating at 27[deg]56.53' N, 082[deg]26.90' W.
    <bullet> Big Bend Power Plant, FL. All waters of Tampa Bay, from 
surface to bottom, adjacent to the Big Bend Power Facility, and within 
an area bounded by a line connecting the following points: 27[deg]48.08 
N, 082[deg]24.88 W then northwest to 27[deg]48.15 N, 082[deg]24.96 W 
then southwest to 27[deg]48.10 N, 082[deg]25.00 W then south-southwest 
to 27[deg]47.85N, 082[deg]25.03 W then southeast to 27[deg]47.85 N, 
082[deg]24.79 W then east to 27[deg]47.55 N, 082[deg]24.04 W then north 
to 27[deg]47.62 N, 082[deg]84.04 W then west to 27[deg]47.60 N, 
082[deg]24.72 W then north to 27[deg]48.03 N, 082[deg]24.70 W then 
northwest to 27[deg]48.08 N, 082[deg]24.88 W, closing off entrance to 
Big Bend Power Facility and the attached cooling canal.
    Entry into or remaining on or within these zones is prohibited 
unless authorized by the Captain of the Port Sector St. Petersburg or a 
designated representative. Persons desiring to transit the area of the 
security zone may contact the Captain of the Port Sector St. Petersburg 
or a designated representative on VHF channel 16, or by phone at (727) 
824-7506, to seek permission to transit the area. If permission is 
granted, all persons and vessels must comply with the instructions of 
the Captain of the Port or his designated representative.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. This rule may have some 
impact on the public, but these potential impacts will be minimized for 
the following reasons: there is ample room for vessels to navigate 
around security zones, and there are several locations for recreational 
and commercial fishing vessels to fish throughout the Tampa Bay Region. 
Also, the Captain of the Port St. Petersburg may, on a case-by-case 
basis allow persons or vessels to enter a security zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule may impact the following entities, some of which 
may be small entities: the owners or operators of vessels who wish to 
transit in the areas where the security zones are enforced. This rule 
will not have a significant impact on a substantial number of small 
entities because the majority of the zones are limited in size, leaving 
ample room for vessels to navigate around the zones. The zones will not 
significantly impact commuter and passenger vessel traffic patterns, 
and mariners will be notified of the zones via local notice to mariners 
and marine broadcasts. Also, the Captain of the Port may, on a case-by-
case basis allow persons or vessels to enter a security zone.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
    Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the office listed under FOR 
FURTHER INFORMATION CONTACT, for assistance in understanding this rule. 
The Coast Guard will not retaliate against small entities that question 
or complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
    Concerning Regulations That Significantly Affect Energy Supply,
    Distribution, or Use. We have determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' under Executive Order 12866 and is 
not

[[Page 1279]]

likely to have a significant adverse effect on the supply, 
distribution, or use of energy. The Administrator of the Office of 
Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
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. An ``Environmental Analysis Check List'' 
and a ``Categorical Exclusion Determination'' are available in the 
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.


0
2. Add new temporary Sec.  165.T07-0097 to read as follows:


Sec.  165.T07-0097  Security Zone; Tampa Bay, Port of Tampa, 
Rattlesnake and Big Bend; Florida.

    (a) Regulated Areas. The following areas, denoted by coordinates 
fixed using the North American Datum of 1983, are security zones:
    (1) Rattlesnake, Tampa, FL. All water from surface to bottom, in 
Old Tampa Bay east and south of a line commencing at position 
27[deg]53.32[min] N, 082[deg]32.05[min] W; north to 27[deg]53.36[min] 
N, 082[deg]32.05[min] W, including the fenced area encompassing the 
Chemical Formulators Chlorine Facility.
    (2) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from 
surface to bottom, in Cut ``A'' channel beneath the bridge's main span 
encompassed by a line connecting the following points: 
27[deg]37.30[min] N, 082[deg]39.38[min] W to 27[deg]37.13[min] N, 
082[deg]39.26[min] W; and, the bridge structure columns, base and 
dolphins. This is specific to the bridge structure and dolphins and 
does not include waters adjacent to the bridge columns or dolphins 
outside of the bridge's main span.
    (3) Piers, seawalls, and facilities, Port of Tampa and Port Sutton, 
Tampa, FL. All waters, from surface to bottom, extending 50 yards from 
the shore, seawall and piers around facilities in Port Sutton within 
the Port of Tampa encompassed by a line connecting the following 
points: 27[deg]54.15[min] N, 082[deg]26.11[min] W, east northeast to 
27[deg]54.19[min] N, 082[deg]26.00[min] W, then northeast to 
27[deg]54.37[min] N, 082[deg]25.72[min] W, closing off all Port Sutton 
Channel, then northerly to 27[deg]54.48[min] N, 082[deg]25.70[min] W.
    (4) Piers, seawalls, and facilities, Port of Tampa, on the western 
side of Hooker's Point, Tampa, FL. All waters, from surface to bottom, 
extending 50 yards from the shore, seawall and piers around facilities 
on Hillsborough Bay northern portion of Cut ``D'' channel, Sparkman 
channel, Ybor Turning Basin, and Ybor channel within the Port of Tampa 
encompassed by a line connecting the following points: 
27[deg]54.74[min] N, 082[deg]26.47[min] W, northwest to 
27[deg]55.25[min] N, 082[deg]26.73[min] W, then north-northwest to 
27[deg]55.60[min] N, 082[deg]26.80[min] W, then north-northeast to 
27[deg]56.00[min] N, 082[deg]26.75[min] W, then northeast to 
27[deg]56.58[min] N, 082[deg]26.53[min] W, and north to 
27[deg]57.29[min] N, 082[deg]26.51[min] W, west to 27[deg]57.29[min] N, 
082[deg]26.61[min] W, then southerly to 27[deg]56.65[min] N, 
082[deg]26.63[min] W, southwesterly to 27[deg]56.58[min] N, 
082[deg]26.69[min] W, then southwesterly and terminating at 
27[deg]56.53[min] N, 082[deg]26.90[min] W.
    (5) Big Bend Power Plant, FL. All waters of Tampa Bay, from surface 
to bottom, adjacent to the Big Bend Power Facility, and within an area 
bounded by a line connecting the following points: 27[deg]48.08 N, 
082[deg]24.88 W then northwest to 27[deg]48.15 N, 082[deg]24.96 W then 
southwest to 27[deg]48.10 N, 082[deg]25.00 W then south-southwest to 
27[deg]47.85 N, 082[deg]25.03 W then southeast to 27[deg]47.85 N, 
082[deg]24.79 W then east to 27[deg]47.55 N, 082[deg]24.04 W then north 
to 27[deg]47.62 N, 082[deg]84.04 W then west to 27[deg]47.60 N, 
082[deg]24.72 W then north to 27[deg]48.03 N, 082[deg]24.70 W then 
northwest to 27[deg]48.08 N, 082[deg]24.88 W, closing off entrance to 
Big Bend Power Facility and the attached cooling canal.
    (b) Regulation. (1) Entry into or remaining on or within these 
zones is prohibited unless authorized by the Captain of the Port Sector 
St. Petersburg or his designee.
    (2) Persons desiring to transit the area of the security zone may 
contact the Captain of the Port Sector St. Petersburg or his designee 
on VHF channel 16, or by phone at (727) 824-7506, to seek permission to 
transit the area. If permission is granted, all persons and vessels 
must comply with the instructions of the Captain of the Port or his 
designated representative.
    (c) Effective period. This section is effective from January 2, 
2008, until February 7, 2008.


Sec.  165.760  [Amended]

0
3. In Sec.  165.760, from January 2, 2008, until February 7, 2008, 
suspend paragraphs (a)(1), (a)(3), (a)(5), (a)(6), (a)(7) and (a)(8).


Sec.  165.764  [Amended]

0
4. In Sec.  165.764, from January 2, 2008, until February 7, 2008, 
suspend paragraph (a)(1).

    Dated: December 29, 2007.
A.S. Young,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector St. 
Petersburg.
[FR Doc. 08-21 Filed 1-3-08; 3:47 pm]
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