1280 Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2007–0062] 

RIN 1625–AA87 

Security Zone; Tampa Bay, Port of 

Tampa, Port of St. Petersburg, 

Rattlesnake, Old Port Tampa, Big 

Bend, Weedon Island, and Crystal 

River; FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing revisions to certain security 

zones within the Captain of the Port 

Sector St. Petersburg Zone (formerly the 

Captain of the Port Tampa Zone). The 

purpose of these revisions is to ensure 

the security of vessels, facilities, and the 

surrounding areas within these zones. 

Entry into the area encompassed by 

these revised security zones is 

prohibited without permission of the 

Captain of the Port or a designated 

representative. 

DATES: This rule is effective February 7, 

2008. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket [USCG–2007–0062] and are 

available for inspection or copying at 

Coast Guard Sector St. Petersburg, 

Prevention Department, 155 Columbia 

Drive, Tampa, FL 33606–3598 between 

7:30 a.m. and 3:30 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Lt. 

Ronaydee Marquez, Waterways 

Management Division, Sector St. 

Petersburg, FL (813) 228–2191 Ext 8307. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On November 6, 2007, we published 

a notice of proposed rulemaking 

(NPRM) entitled ‘‘Security Zone; Tampa 

Bay, Port of Tampa, Port of St. 

Petersburg, Rattlesnake, Old Port 

Tampa, Big Bend, Weedon Island, and 

Crystal River, FL’’ in the Federal 

Register (72 FR 62609). We received no 

letters in the mail commenting on the 

proposed rule and no comments in the 

www.regulations.gov electronic docket. 

No public meeting was requested, and 

none was held. 

Background and Purpose 

The Maritime Transportation Security 

Act authorized the establishment of 

Area Maritime Security Committees 

(AMSC) that ‘‘advise, consult with, 

report to, and make recommendations’’

on matters relating to maritime security 

in an AMSC’s port area. See 46 U.S.C. 

70112(a)(2) and 33 CFR 103.205. One 

topic the Tampa Bay AMSC discussed is 

the existing security zones established 

soon after the terrorist attacks of 

September 11, 2001. See 68 FR 47852, 

August 12, 2003, and 68 FR 52340, 

September 3, 2003. 

These existing security zones were 

established in 2003 and codified in 33 

CFR 165.760 and 165.764 by the Captain 

of the Port Tampa. As stated in the 

notice of proposed rulemaking 

published November 6, 2007, in this 

rulemaking, there were a number of 

temporary security zone rules issued 

before these two final rules. See 68 FR 

7093, February 12, 2003, and 68 FR 

19166, April 18, 2003. 

Some of the security zones in 

§§ 165.760 and 165.764 were suspended 

from July 26, 2007, until January 1, 

2008, and revised, and temporary 

security zones were made effective 

during this same period. See 72 FR 

45162, August 13, 2007. These 

temporary changes were made based on 

the newly-developed Maritime Security 

Risk Analysis tool utilized by the 

AMSC. A temporary final rule [USCG–

2007–0097] published elsewhere in 

today’s Federal Register extended these 

changes from January 2, 2008, until 

February 7, 2008, when this final rule 

becomes effective. 

A Tampa Bay AMSC working group 

evaluated risk to the maritime 

transportation system (MTS) within 

Tampa Bay, and assessed various risk 

mitigation options. The results of the 

risk assessment indicated the need to 

revise the following established security 

zones for the purpose of enhancing port 

security for the region: 

• § 165.760(a)(1), Rattlesnake, Tampa, 

FL; 

• § 165.760(a)(3), Sunshine Skyway 

Bridge, Tampa, FL; 

• § 165.760(a)(5), Piers, Seawalls, and 

Facilities, Port of Tampa, Port Sutton 

and East Bay; 

• § 165.760(a)(7), Piers, Seawalls, and 

Facilities, Port of Tampa, on the western 

side of Hooker’s Point; 

• § 165.764(a)(1), Big Bend, Tampa 

Bay, Florida zone. 

The five revised zones temporarily 

replacing these five suspended zones 

appear in § 165.T07–047(a)(1) through 

(5), but will expire by January 2, 2008, 

and also in temporary § 165.T07–

0097(a) (1) through (5), but will expire 

February 7, 2008. The risk assessment 

also indicated that two of the zones 

suspended—§ 165.760(a)(6) [Piers, 

seawalls, and facilities, Port of Tampa, 

East Bay and the eastern side of 

Hooker’s Point], and (a)(8) [Piers, 

seawalls, and facilities, Port of 

Manatee]—were no longer needed. 

The security zones in this final rule 

have been discussed, vetted and 

recommended by representatives of the 

Department of Homeland Security’s 

Office of Infrastructure Protection, the 

Western Florida Area Maritime Security 

Committee, the Florida Region IV and 

VI Regional Domestic Security Task 

Forces, and numerous local agencies 

who share in the maritime security 

mission in the Tampa Bay region. These 

revisions are needed to ensure the 

security of vessels, facilities, and the 

surrounding areas within the Captain of 

the Port Sector St. Petersburg Zone 

following the expiration of temporary 

§ 165.T07–0097. 

In 2005, Sector St. Petersburg was 

created, replacing the Captain of the 

Port Tampa Zone. Authority to create 

security zones in the Tampa Bay region 

now resides with the Sector St. 

Petersburg Captain of the Port. See 70 

FR 41415, July 19, 2005, and 72 FR 

36316, July 2, 2007. 

Discussion of Comments and Changes 

No comments were received. There 

are no changes to the regulatory text 

from the notice of proposed rulemaking 

that was published in the Federal 

Register November 6, 2007. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

This rule may have some impact on the 

public, but these potential impacts will 

be minimized for the following reasons: 

There is ample room for vessels to 

navigate around security zones, and 

there are several locations for 

recreational and commercial fishing 

vessels to fish throughout the Tampa 

Bay Region. Also, the Captain of the 

Port may, on a case-by-case basis allow 

persons or vessels to enter a security 

zone. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 


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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations 1281 

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 

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-bycase basis, allow persons or vessels to 

enter a security zone. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small business may send comments on 

the actions of Federal employees who 

enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulator Enforcement Ombudsman and 

the Regional Small Business Regulatory 

Fairness Boards. The Ombudsman 

evaluates these actions annually and 

rates each agency’s responsiveness to 

the small business. If you wish to 

comment on actions by employees of 

the Coast Guard, call 1–888–REG–FAIR 

(1–888–734–3247). 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 

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 M16475.1D 

which guides 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 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, we believe that 

this rule should be categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation. A 

preliminary ‘‘Environmental Analysis 

Check List’’ is available in the docket 

where indicated under ADDRESSES. No 

comments were made regarding the 

environmental impact of revising the 

security zones in Tampa Bay, FL. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

Words of Issuance and Regulatory Text 

■ For the reasons discussed in the 

preamble, the Coast Guard is amending 

33 CFR Part 165 as follows: 


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1282 Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Rules and Regulations 

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. 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. 

■ 2. In § 165.760, revise paragraphs 

(a)(1), (a)(3), (a)(5), (a)(7), (b) and (c), 

and add paragraphs (a)(14) and (a)(15) to 

read as follows: 

§ 165.760 Security Zones; Tampa Bay, Port 

of Tampa, Port of Saint Petersburg, 

Rattlesnake, Old Port Tampa, Big Bend, 

Weedon Island, and Crystal River; Florida. 

(a) * * * 

(1) Rattlesnake, Tampa, FL. All water, 

from surface to bottom, in Old Tampa 

Bay east and south of a line 

commencing at position 27°53.32′ N, 

082°32.05′ W; north to 27°53.36′ N, 

082°32.05′ W, including on land 

portions of Chemical Formulators 

Chlorine Facility, where the fenced area 

is bounded by a line connecting the 

following points: 27°53.21′ N, 

082°32.11′ W; west to 27°53.22′ N, 

082°32.23′ W; then north to 27°53.25′ N, 

082°32.23′ W; then west again to 

27°53.25′ N, 082°32.27′ W; then north 

again to 27°53.29′ N, 082°32.25′ W; then 

east to 27°53.30′ N, 082°32.16′ W; then 

southeast terminating at 27°53.21′ N, 

082°32.11′ W. 

* * * * * 

(3) 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°37.30′ N, 082°39.38′ W to 27°37.13′ 

N, 082°39.26′ W; and the bridge 

structure columns, base and dolphins. 

This zone 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. 

* * * * * 

(5) 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°54.15′ N, 

082°26.11′ W; east northeast to 27°54.19′ 

N, 082°26.00′ W; then northeast to 

27°54.37′ N, 082°25.72′ W, closing off 

all Port Sutton channel; then northerly 

to 27°54.48′ N, 082°25.70′ W. 

* * * * * 

(7) 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°54.74′ N, 082°26.47′ W; northwest to 

27°55.25′ N, 082°26.73′ W; then northnorthwest to 27°55.60′ N, 082°26.80′ W; 

then north-northeast to 27°56.00′ N, 

082°26.75′ W; then northeast to 

27°56.58′ N, 082°26.53′ W; and north to 

27°57.29′ N, 082°26.51′ W; west to 

27°57.29′ N, 082°26.61′ W; then 

southerly to 27°56.65′ N, 082°26.63′ W; 

southwesterly to 27°56.58′ N, 082°26.69′ 

W; then southwesterly and terminating 

at 27°56.53′ N, 082°26.90′ W. 

* * * * * 

(14) 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°48.08′ N, 082°24.88′ W; then 

northwest to 27°48.15′ N, 082°24.96′ W; 

then southwest to 27°48.10′ N, 

082°25.00′ W; then south-southwest to 

27°47.85′ N, 082°25.03′ W; then 

southeast to 27°47.85′ N, 082°24.79′ W; 

then east to 27°47.55′ N, 082°24.04′ W; 

then north to 27°47.62′ N, 082°84.04′ W; 

then west to 27°47.60′ N, 082°24.72′ W; 

then north to 27°48.03′ N, 082°24.70′ W; 

then northwest to 27°48.08′ N, 

082°24.88′ W, closing off entrance to Big 

Bend Power Facility and the attached 

cooling canal. 

(15) Weedon Island Power Plant, FL. 

All waters of Tampa Bay, from surface 

to bottom, extending 50-yards from the 

shore, seawall and piers around the 

Power Facility at Weedon Island 

encompassed by a line connecting the 

following points: 27°51.52′ N, 

082°35.82′ W; then north and east along 

the shore to 27°51.54′ N, 082°35.78′ W; 

then north to 27°51.68′ N, 082°35.78′ W; 

then north to 27°51.75′ N, 082°35.78′ W, 

closing off entrance to the canal; then 

north to 27°51.89′ N, 082°35.82′ W; then 

west along the shore to 27°51.89′ N, 

082°36.10′ W; then west to 27°51.89′ N, 

082°36.14′ W, closing off entrance to the 

canal. 

(b) Definitions. As used in this 

section—

Cruise ship means a vessel required to 

comply with 33 CFR part 120. 

Designated representative means 

Coast Guard Patrol Commanders 

including Coast Guard coxswains, petty 

officers and other officers operating 

Coast Guard vessels, and federal, state, 

and local officers designated by or 

assisting the Captain of the Port (COTP), 

in the enforcement of regulated 

navigation areas, safety zones, and 

security zones. 

(c) Regulation. (1) Entry into or 

remaining on or within the zones 

described in paragraph (a) of this 

section is prohibited unless authorized 

by the Captain of the Port Sector St. 

Petersburg or a designated 

representative. 

(2) 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 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 designated representative. In the 

case of moving security zones, 

notification of activation of these zones 

will be given by Broadcast Notice to 

Mariners on VHF FM Marine Band 

Radio, Channel 22A. For vessels not 

equipped with a radio, there will also be 

on site notification via a designated 

representative of the Captain of the Port. 

Note to §165.760 (c)(2): A graphical 

representation of all fixed security zones will 

be made available via the Coast Pilot and 

nautical charts. 

(3) Enforcement. Under §165.33, no 

person may cause or authorize the 

operation of a vessel in the security 

zones contrary to the provisions of this 

section. 

* * * * * 

§ 165.764 [Removed and reserved] 

■ 3. Remove and reserve § 165.764. 

Dated: December 29, 2007. 

A.S. Young, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Sector St. Petersburg. 

[FR Doc. 08–20 Filed 1–3–08; 3:48 pm] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2007–0215; FRL–8513–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Section 110(a)(1) 8-Hour 

Ozone Maintenance Plan and 

Amendments to the 1-Hour Ozone 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 


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