75054 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 

establishment of a Regulated Navigation 

Area. This rule is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. Preliminary environmental 

analysis checklist supporting this 

determination and Categorical 

Exclusion Determination are 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 rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures and 

Waterways. 

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. 

■ 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 § 165.520 to read as follows: 

§ 165.520 Regulated Navigation Area; 

Herbert C. Bonner Bridge, Oregon Inlet, NC. 

(a) Regulated area. The following area 

is a Regulated Navigation Area (RNA): 

All navigable waters of Oregon Inlet, 

North Carolina within 100 yards under 

or surrounding any portion of the 

Herbert C. Bonner Bridge. 

(b) Definitions. As used in this 

section: 

(1) Captain of the Port means the 

Captain of the Port (COTP) North 

Carolina. 

(2) Captain of the Port Representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

North Carolina to act as a designated 

representative of the COTP. 

(3) Official patrol vessel means any 

Coast Guard, Coast Guard Auxiliary, 

state, or local law enforcement vessel(s) 

assigned and authorized by COTP North 

Carolina. 

(c) Regulations. (1) The general 

regulations governing Regulated 

Navigation Areas found in 33 CFR 

165.10, 165.11, and 165.13, including 

the Regulated Navigation Area 

described in paragraph (a) of this 

section and the following regulations, 

apply. 

(2) Operation of vessels of certain 

characteristics in this RNA will be 

prohibited by the Captain of the Port 

(COTP) or designated representative in 

order to safeguard people and vessels 

from the hazards associated with 

shoaling and the Herbert C. Bonner 

Bridge from the potential catastrophic 

structural damage that could occur from 

a vessel bridge strike. The COTP or 

designated representative will evaluate 

local marine environmental conditions 

prior to issuing restrictions regarding 

vessel navigation. Factors that will be 

considered include, but are not limited 

to: Hydrographic survey data, vessel 

characteristics such as displacement, 

tonnage, length and draft, current 

weather conditions including visibility, 

wind, sea state, and tidal currents. 

(3) The Coast Guard will notify the 

public of restrictions via Local Notice to 

Mariners, Broadcast Notice to Mariners, 

and via other methods described in 33 

CFR 165.7. Additionally, Coast Guard 

personnel may be on-scene to advise the 

public of enforcement of any restrictions 

on vessel navigation within the RNA. 

(4) In accordance with the general 

regulations, entry into, anchoring, or 

movement within the RNA, during 

periods of enforcement, is prohibited 

unless authorized by the Captain of the 

Port (COTP) or the COTP’s on-scene 

designated representative. The ‘‘onscene designated representative’’ of the 

COTP is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the COTP 

to act on the COTP’s behalf. The onscene representative may be on a Coast 

Guard vessel; State agency vessel, or 

other designated craft; or may be on 

shore and will communicate with 

vessels via VHF–FM marine band radio 

or loudhailer. Members of the Coast 

Guard Auxiliary may be present to assist 

COTP representatives with notification 

of vessel operators regarding the 

contents of this regulation. 

(5) Any deviation from paragraph 

(c)(4) of this section due to extreme 

circumstances must be authorized by 

the Coast Guard District Commander, 

the Captain of the Port (COTP) or the 

COTP’s designated representative. 

Vessels granted permission to transit the 

RNA must do so in accordance with the 

directions provided by the COTP or 

COTP representative to that vessel. To 

request permission to transit the 

regulated navigation area, the COTP or 

COTP representative can be contacted at 

Coast Guard Sector North Carolina, 

telephone number (910) 343–3880, or on 

VHF–FM marine band radio channel 13 

(165.65MHz) or channel 16 (156.8 

MHz). During periods of enforcement, 

all persons and vessels given permission 

to enter or transit within the RNA must 

comply with the instructions of the 

COTP or designated representative. 

Upon being hailed by an official patrol 

vessel by siren, radio, flashing-light, or 

other means, the operator of a vessel 

must proceed as directed. 

(d) Enforcement. The Coast Guard 

may be assisted in the patrol and 

enforcement of the Regulated 

Navigation Area by other Federal, State, 

and local agencies. The COTP may 

impose additional requirements within 

the RNA due to unforeseen changes to 

shoaling of Oregon Inlet or structural 

integrity of the Herbert C. Bonner 

Bridge. 

(e) Notification. The Coast Guard will 

rely on the methods described in 33 

CFR 165.7 to notify the public of the 

date, time and duration of any closure 

of the RNA. Violations of this RNA may 

be reported to the COTP at (910) 343– 

3880 or on VHF–FM channel 16. 

Dated: November 25, 2014. 

Stephen P. Metruck, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2014–29589 Filed 12–16–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2013–0040] 

RIN 1625–AA87 

Revision of Safety/Security Zone 

Regulations; 2014 Tampa Bay; Captain 

of the Port St. Petersburg Zone, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

consolidating three security zone 

regulations into one regulation. In 

addition, the Coast Guard is 

disestablishing two safety zone 

regulations and converting those safety 

zones into security zones for all 

navigable waterways of Big Bend, Boca 

Grande, Crystal River, East Bay, 

Hillsborough Bay, MacDill Air Force 

Base, Manbirtee Key, Old Port Tampa, 

Port Manatee, Port Tampa, Port St. 

Petersburg, Port Sutton, Rattlesnake, 

and Weedon Island, FL. 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 security zones is prohibited 

without permission of the Captain of the 

Port St. Petersburg or a designated 

representative. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 75055 

DATES: This rule is effective December 

17, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2013–0040. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Marine Science Technician First 

Class Hector I. Fuentes, Sector Saint 

Petersburg Waterways Management 

Branch, U.S. Coast Guard; telephone 

(813) 228–2191, email 

Hector.I.Fuentes@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

On September 15, 2014, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) entitled, ‘‘Revision 

of Safety/Security Zone Regulations; 

2014 Tampa Bay; Captain of the Port St. 

Petersburg Zone, FL’’ in the Federal 

Register (79 FR 54937). We received no 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

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. Due to the inherent dangers 

involved with the transport of the 

hazardous cargos included in this rule, 

it is in the best interest of the public to 

have a regulation in place and to not 

delay its effective date. 

B. Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

limited access areas: 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; Department of Homeland 

Security Delegation No. 0170.1. The 

purpose of the regulation is to 

reorganize and consolidate three 

existing security zones in 33 CFR 

165.760, 33 CFR 165.767 and 33 CFR 

165.768 into a single regulation and to 

combine the safety zones in 33 CFR 

165.703 and 33 CFR 165.704 into a 

single security zone regulation to ensure 

the security of vessels, facilities, and the 

surrounding areas and provide safety of 

life on the navigable waters in the 

Captain of the Port St. Petersburg Zone. 

C. Comments, Changes and the Final 

Rule 

There were no comments related to 

this regulation during the comment 

period and there was no request for a 

public meeting made during the 

comment period. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes or 

executive orders. These regulations 

were routed through and approved by 

the Tampa Bay Harbor Safety and 

Security Committee. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

This regulation is not a significant 

regulatory action because this change 

constitutes merely the merging of and 

increased size of existing regulations. 

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, vessels wishing to enter, transit 

through, or anchor in the regulated areas 

may do so with the permission of the 

Captain of the Port. 

2. Impact on Small Entities 

Under the Regulatory Flexibility Act 

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

the impact of this rule on small entities. 

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. 

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. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104– 

121), we want to assist small entities in 

understanding this rule. 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 person 

listed in the FOR FURTHER INFORMATION

CONTACT section above. 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. 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. 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 


tkelley on DSK3SPTVN1PROD with RULES
75056 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

would not result in such expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This 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. 

9. 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. 

10. Protection of Children From 

Environmental Health Risks 

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 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

11. Indian Tribal Governments 

This 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. 

12. Energy Effects 

This rule is not a ‘‘significant energy 

action’’ under Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this 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 determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. An 

environmental analysis checklist 

supporting this determination is 

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. 

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 

■ 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. Revise § 165.703 to read as follows: 

§ 165.703 Security Zones; Tampa Bay: 

Big Bend, Boca Grande, Crystal River, 

East Bay, Hillsborough Bay, MacDill Air 

Force Base, Manbirtee Key, Old Port 

Tampa, Port Manatee, Port Tampa, Port 

St. Petersburg, Port Sutton, Rattlesnake, 

and Weedon Island, FL. 

(a) Regulated areas. The following 

areas, denoted by coordinates fixed 

using the North American Datum of 

1983 (World Geodetic System 1984) are 

security zones: 

(1) Security zones for facilities and 

structures—(i) Rattlesnake, Tampa, FL. 

All water, from surface to bottom, in 

Old Tampa Bay east and south of the 

waters encompassed within position 

27°53.32′ N, 082°32.05′ W; thence to 

27°53.38′ 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; thence to 27°53.22′ N, 

082°32.23′ W; thence to 27°53.25′ N, 

082°32.23′ W; thence to 27°53.25′ N, 

082°32.27′ W; thence to 27°53.29′ N, 

82°32.25′ W; thence to 27°53.30′ N, 

082°32.16′ W; thence to 27°53.21′ N, 

082°32.11′ W. 

(ii) Old Port Tampa, Tampa, FL. All 

waters, from surface to bottom, in Old 

Tampa Bay encompassed within the 

following points: 27°51.62′ N, 

082°33.14′ W; thence to 27°51.71′ N, 

082°32.5′ W; thence to 27°51.76′ N, 

082°32.5′ W; thence to 27°51.73′ N, 

082°33.16′ W; thence to 27°51.62′ N, 

082°33.14′ W, closing off the Old Port 

Tampa Channel. 

(iii) Sunshine Skyway Bridge, FL. All 

waters in Tampa Bay, from surface to 

bottom, in Cut ‘‘A’’ channel beneath the 

bridge’s main span encompassed within 

the following points: 27°37.30′ N, 

082°39.38′ W; 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. Any vessel may 

transit through this zone but, may not 

loiter, anchor, or conduct operations, 

including dredging, dive operation, 

surveying, or maintenance, unless 

otherwise directed by the Captain of the 

Port. Anyone wanting to conduct these 

operations must submit a request via 

email to WWMTampa@uscg.mil or 

contact the Sector Command Center 

after hours at 727.824.7506. 

(iv) Manbirtee Key, Port of Manatee, 

FL. All waters, from surface to bottom, 

surrounding, surrounding Manbirtee 

Key, Tampa Bay, FL extending 500 

yards from the island’s shoreline, in all 

directions, not to include the Port 

Manatee Channel. 

(v) MacDill Air Force Base, Tampa 

Bay, FL. All waters encompassed within 

the following coordinates: 27°51.88′ N, 

082°29.31′ W; thence to 27°52.01′ N, 

082°28.85′ W; thence to 27°51.48′ N, 

082°28.17′ W; thence to 27°51.02′ N, 

082°27.76′ W; thence to 27°50.72′ N, 

082°27.61′ W; thence to 27°50.33′ N, 

082°27.59′ W; thence to 27°49.65′ N, 

082°27.73′ W; thence to 27°49.34′ N, 

082°27.79′ W; thence to 27°49.10′ N, 

082°27.88′ W; thence to 27°48.88′ N, 

082°28.10′ W; thence to 27°48.76′ N, 

082°28.54′ W; thence to 27°48.87′ N, 

082°29.44′ W; thence to 27°49.06′ N, 

082°30.39′ W; thence to 27°48.75′ N, 

082°31.17′ W; thence to 27°49.16′ N, 

082°32.41′ W; thence to 27°49.64′ N, 

082°33.04′ W; thence to 27°49.95′ N, 

082°32.75′ W; thence to 27°50.09′ N, 

082°32.81′ W; thence to 27°50.56′ N, 

082°32.75′ W; thence to 27°50.71′ N, 

082°32.18′ W. 

(vi) 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°26.06′ W; thence to; 27°54.46′ N, 

082°25.71′ W; closing off all Port Sutton 

Channel. 

(vii) Piers, seawalls, and facilities, 

Port of Tampa, on the western side of 


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Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 75057 

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; thence to 

27°55.25′ N, 082°26.73′ W; thence to 

27°55.60′ N, 082°26.80′ W; thence to 

27°56.00′ N, 082°26.75′ W; thence to 

27°56.58′ N, 082°26.53′ W; thence to 

27°57.29′ N, 082°26.51′ W; thence to 

27°57.29′ N, 082°26.61′ W; thence to 

27°56.65′ N, 082°26.63′ W; thence to 

27°56.58′ N, 082°26.69′ W; thence to 

27°56.53′ N, 082°26.90′ W. 

(viii) St. Petersburg Harbor, FL. All 

waters, from surface to bottom, 

extending 50 yards from the seawall and 

around all moorings and vessels in St. 

Petersburg Harbor (Bayboro Harbor), 

commencing on the north side of the 

channel at day beacon ‘‘10’’ (LLNR 

24995) in approximate position 

27°45.56′ N, 082°37.55′ W, and 

westward along the seawall to the end 

of the cruise terminal in approximate 

position 27°45.72′ N, 082°37.97′ W. The 

zone will also include the Coast Guard 

south moorings in St. Petersburg Harbor. 

The zone will extend 50 yards around 

the piers commencing from approximate 

position 27°45.51′ N, 082°37.99′ W; to 

27°45.52′ N, 082°37.57′ W. The southern 

boundary of the zone is shoreward of a 

line between the entrance to Salt Creek 

easterly towards day beacon ‘‘11’’ 

(LLNR 24990). 

(ix) Crystal River Nuclear Power 

Plant. All waters, from surface to 

bottom, around the FL, Power Crystal 

River Nuclear Power Plant located at the 

end of the Florida Power Corporation 

Channel, Crystal River, Florida, 

encompassed by a line connecting the 

following points: 28°56.87′ N, 

082°45.17′ W; thence to 28°57.37′ N, 

082°41.92′ W; thence to 28°56.79′ N, 

082°45.13′ W; thence to 28°57.32′ N, 

082°41.92′ W. 

(x) Crystal River Demory Gap 

Channel. All waters, from surface to 

bottom, in the Demory Gap Channel in 

Crystal River, Florida, encompassed by 

the following points: 28°57.61′ N, 

082°43.42′ W thence to; 28°57.55′ N, 

082°41.88′ W thence to; 28°57.58′ N, 

082°43.42′ W thence to; 28°57.51′ N, 

082°41.88′ W. 

(xi) 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 

the following points: 27°48.08′ N, 

082°24.88′ W; thence to 27°48.15′ N, 

082°24.96′ W; thence to; 27°48.10′ N, 

082°25.00′ W; thence to 27°47.85′ N, 

082°25.03′ W; thence to 27°47.58′ N, 

082°24.89′ W; thence to 27°47.58′ N, 

082°24.06′ W; thence to; 27°47.62′ N, 

082°24.04′ W; thence to 27°47.63′ N, 

082°24.71′ W; thence to 27°48.03′ N, 

082°24.70′ W; thence to 27°48.08′ N, 

082°24.88′ W, closing off entrance to Big 

Bend Power Facility and the attached 

cooling canal. 

(xii) 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 the following points: 

27°51.52′ N, 082°35.82′ W; thence along 

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

thence to 27°51.89′ N, 082°35.82′ W; 

thence to 27°51.89′ N, 082°36.14′ W, 

closing off the entrance to both canals. 

(2) Vessel specific security zones—(i) 

Moving security zones for Cruise Ships 

and vessels carrying Especially 

Hazardous Cargos. The following 

security zones and procedures are 

established for all waters, from surface 

to bottom, within a 500-yard radius, as 

outlined below: 

(A) For inbound vessels commencing 

at Egmont Channel Lighted Buoys ‘‘9’’ 

(LLNR 22270) and ‘‘10’’ (LLNR 22275) 

through to berth. 

(B) For shifting vessels from their 

departure berth to destination berth. 

(C) For outbound vessels commencing 

at berth through to Egmont Channel 

Lighted Buoys ‘‘9’’ (LLNR 22270) and 

‘‘10’’ (LLNR 22275). 

(D) All subject vessels operating in the 

Captain of the Port St. Petersburg Zone 

shall follow the reporting requirements 

in 33 CFR part 160, subpart C. 

(E) Any vessel desiring to enter or 

transit the security zone shall obtain 

permission from the Captain of the Port 

St. Petersburg or a designated 

representative. If permission is granted, 

all persons and vessels must comply 

with any given instructions. 

(ii) Fixed security zones for moored 

cruise ships and moored vessels 

carrying especially hazardous cargos. A 

security zone is established for all 

waters, from surface to bottom, within a 

200-yard radius around moored cruise 

ships and moored vessels carrying 

especially hazardous cargos, as outlined 

below: 

(A) All subject vessels operating in 

the Captain of the Port St. Petersburg 

Zone shall follow reporting 

requirements in 33 CFR part 160, 

subpart C. 

(B) Any vessel desiring to enter or 

transit the security zone shall obtain 

permission from the Captain of the Port 

St. Petersburg or a designated 

representative. If permission is granted, 

all persons and vessels must comply 

with any given instructions. 

(C) No vessel may loiter, anchor, or 

conduct maintenance operations within 

the security zone, unless otherwise 

directed by the Captain of the Port St. 

Petersburg or a designated 

representative. This includes, but is not 

limited to dredging operations, dive 

operations, and surveying. Anyone 

wanting to conduct these operations 

must submit a request via email to 

WWMTampa@uscg.mil or contact the 

Sector Command Center after hours at 

727.824.7506. 

(b) Definitions. As used in this 

section: 

Ammonium nitrate means ammonium 

nitrate and ammonium nitrate based 

fertilizers listed as Division 5.1 

(oxidizing) materials as defined in 33 

CFR 172.101 except when carried as 

CDC residue. 

Captain of the Port (COTP) for the 

purpose of this section means the 

Commanding Officer of Coast Guard 

Sector St. Petersburg. 

Captain of the Port St. Petersburg 

Zone as defined in 33 CFR 3.35–35. 

Commercial vessels means any tank, 

bulk, container, cargo, cruise ships, 

pilot vessels, or tugs. This definition 

excludes fishing vessels, salvage vessels, 

dead ship tow operations. 

Cruise Ship means the same as 

defined 33 CFR 101.105. 

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 COTP, in the enforcement 

of regulated navigation areas, safety 

zones, and security zones. 

Certain dangerous cargo includes 

Division 1.5D blasting agents for which 

a permit is required under 49 CFR 

176.415 or, for which a permit is 

required as a condition of Research and 

Special Programs Administration 

exemption. This includes ammonium 

nitrate fuel oil mixture. 

Especially hazardous cargo means 

anhydrous ammonia, ammonium 

nitrate, chlorine, liquefied natural gas, 

liquefied petroleum gas, and any other 

substance, material, or group or class in 

a particular amount and form that the 

Secretary determines by regulation 

poses a significant risk of creating a 

transportation security incident while 

being transported in maritime 

commerce. 

(c) Regulations. (1) Entry into or 

remaining on or within the zones 

described in paragraph (a) of this 

section is prohibited unless authorized 


tkelley on DSK3SPTVN1PROD with RULES
75058 Federal Register / Vol. 79, No. 242 / Wednesday, December 17, 2014 / Rules and Regulations 

by the Captain of the Port St. Petersburg 

or a designated representative. 

(2) Any changes to the requirements 

for these regulated areas will be given 

by Broadcast Notice to Mariners on 

VHF–FM Channel 22A. 

Note to § 165.703(c)(2): A graphical 

representation of all fixed security zones will 

be made available through nautical charts via 

the Coast Pilot. 

(3) The Captain of Port St. Petersburg 

has provisions for escorting especially 

hazardous cargos as described in the 

above sections of this subchapter, but 

reserves the right to establish additional 

provisions for any potentially hazardous 

cargos. 

(4) Enforcement. Under 33 CFR 

165.33, no person may authorize the 

operation of a vessel in the security 

zones contrary to the provisions of this 

section. 

(d) The Captain of the Port St. 

Petersburg may waive any of the 

requirements of this subpart for any 

vessel, facility, or structure upon 

finding that the vessel or class of vessel, 

operational conditions, or other 

circumstances are such that application 

of this subpart is unnecessary or 

impractical for purposes of port safety 

and security or environmental safety. 

§§ 165.704, 165.760, 165.767, and 165.768 

[Removed and Reserved] 

■ 3. Remove and reserve §§ 165.704, 

165.760, 165.767, and 165.768. 

Dated: November 20, 2014. 

G. D. Case, 

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

Port St. Petersburg. 

[FR Doc. 2014–29582 Filed 12–16–14; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

New Standards To Enhance Business 

Reply Mail (BRM) Visibility 

AGENCY: Postal Service.TM

ACTION: Final rule. 

SUMMARY: The Postal ServiceTM will 

revise Mailing Standards of the United 

States Postal Service, Domestic Mail 

Manual (DMM®) to require the use of an 

Intelligent Mail® package barcode 

(IMpb) on Business Reply Mail® (BRM) 

labels intended for use on cartons, 

parcel-shaped items, or Priority Mail®

items of any shape. 

DATES: Effective date: April 30, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Juliaann Hess at 202–268–7663, John F. 

Rosato at 202–268–8597, or Suzanne 

Newman at 202–695–0550. 

SUPPLEMENTARY INFORMATION: 

I. Proposed Rule 

The Postal Service published a 

proposed rule (79 FR 4871) on August 

18, 2014, with a comment period ending 

September 17, 2014, to enhance its 

operational capability to scan IMpbs 

and to provide tracking information to 

mailers by requiring a unique IMpb on 

cartons, parcel-shaped items, or Priority 

Mail pieces of any shape, returned using 

BRM service. Full implementation of 

the Postal Service’s package visibility 

strategy relies on the availability of 

piece-level information provided 

through the widespread use of IMpb. 

Mailing standards recently added to the 

DMM now require the use of IMpb on 

all commercial parcels (except parcels 

paid for using BRM service). Therefore, 

this change will align the IMpb 

standards for BRM parcels with that of 

all other commercial parcels, 

Merchandise Return Service (MRS) 

including USPS Returns, and Parcel 

Return Service. 

Background: On December 18, 2013, 

the Postal Service published a final rule 

in the Federal Register (78 FR 76548) 

announcing that an IMpb, unique to 

each mailpiece, would be required on 

all commercial parcels, effective January 

26, 2014. At that time the Postal Service 

also announced that it would be 

eliminating the option for any mailpiece 

meeting the physical characteristics of a 

parcel (under DMM 201), or Priority 

Mail pieces of any shape, to pay for 

postage using Business Reply Mail®

(BRM). 

In response to mailer feedback, on 

June 5, 2014, the Postal Service 

published a Federal Register document 

(79 FR 32490) indefinitely deferring the 

elimination of the option to use BRM to 

pay postage for cartons, parcel-shaped 

items, or Priority Mail pieces of any 

shape. At that time the Postal Service 

also indicated that it expected to issue 

proposed rules requiring the use of an 

IMpb on certain BRM cartons and 

labels. 

In accordance with its previously 

expressed intent, the Postal Service 

published the proposed rule, on August 

18, 2014, for requiring the use of an 

IMpb on BRM cartons, parcels, and 

Priority Mail items of any shape. 

General IMpb Requirements: 

Technical and general specifications for 

IMpb use are provided in Publication 

199, Intelligent Mail Package Barcode 

(IMpb) Implementation Guide for: 

Confirmation Services and Electronic 

Verification System (eVS) Mailers, and 

DMM 708.5.1. 

BRM: In order to ensure that parcelshaped items returned using BRM 

service comply with the same standards 

as all other commercial parcels 

including returns, the Postal Service 

will require a unique IMpb on: 

a. All BRM cartons. 

b. All BRM labels distributed with the 

intent of being placed on an item 

meeting the physical characteristics of a 

parcel in DMM 201. 

c. All BRM labels distributed with the 

intent of being placed on Priority Mail 

items of any shape. 

For the purposes of this requirement, 

a BRM carton is defined as a parcelshaped mailpiece with a BRM label 

either printed directly on the mailpiece 

or affixed by the end user prior to 

mailing. BRM permit holders would not 

be required to submit shipping 

manifests to support these mailpieces. 

BRM labels would be required to use a 

unique Mailer ID (MID) for parcelshaped BRM pieces and a concatenated 

IMpb construct that includes the ZIP+4®

routing code. The barcodes must be 

unique for 180 days. BRM cartons and 

parcels will use the same IMpb service 

type codes used for Merchandise Return 

Service (MRS), for Priority Mail, or for 

First-Class Mail®, based on the product 

used. The Postal Service provides an 

exception process—for mailers of small 

BRM cartons and parcels lacking 

sufficient label space to apply an IMpb 

barcode meeting the 3⁄4-inch height 

requirement—to submit barcodes of at 

least 1⁄2-inch in height for USPS® testing 

and approval. This exception process 

will be administered by the National 

Customer Service Center (NCSC), as part 

of the routine package barcode approval 

process. At this time, no other changes 

are being made to BRM standards under 

DMM 505.1 as applicable to all other 

mail shapes. 

Noncompliant Mailpieces: Once this 

final rule becomes effective, the Postal 

Service will assess a per-piece IMpb 

non-compliance fee on all BRM parcels 

not bearing an IMpb and returned using 

Priority Mail service. The proposed 

effective date for the per-piece IMpb 

non-compliance fee on First-Class Mail 

parcels being returned using BRM 

would be predicated on the Postal 

Service filing a notice with, and 

receiving approval from, the Postal 

Regulatory Commission. Thus, the noncompliance fee would start immediately 

with Priority Mail pieces only. 

II. Comments and Responses 

The Postal Service received one 

comment to the proposed rule of 

August, 18, 2014, from a Postal Service 

employee. The employee commented on 

the barcoding resources available for 

small to mid-size mailers and the use of 

Label 400 with BRM parcels. The Postal 


tkelley on DSK3SPTVN1PROD with RULES