[Federal Register Volume 66, Number 246 (Friday, December 21, 2001)]
[Rules and Regulations]
[Pages 65838-65839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31524]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP TAMPA-01-139]
RIN 2115-AA97


Security Zones; Tampa Bay, Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary fixed security zones 
in all waters extending 100 feet around all bridge supports and rocky 
outcroppings at the base of the supports for the Sunshine Skyway Bridge 
in Tampa Bay. These security zones are needed for national security 
reasons to protect the bridge and passing marine traffic from potential 
subversive acts. Entry into these zones is prohibited, unless 
specifically authorized by the Captain of the Port, Tampa, Florida or 
his designated representative.

DATES: This regulation is effective at 6 p.m. EST on December 7, 2001 
and will remain in effect until 6 p.m. EDT on June 15, 2002.

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 number COTP Tampa 01-139 and are available for 
inspection or copying at Marine Safety Office Tampa, 155 Columbia 
Drive, Tampa, Florida 33606-3598 between 8 a.m. and 3 p.m. Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT David G. McClellan, Coast Guard 
Marine Safety Office Tampa, at (813) 228-2189 extension 102.

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 a NPRM. Publishing a NPRM and delaying 
the rule's effective date would be contrary to the public interest 
since immediate action is needed to protect the public, ports and 
waterways of the United States. As appropriate the Coast Guard will 
issue a broadcast notice to mariners and place Coast Guard or other law 
enforcement vessels in the vicinity of these zones to advise mariners 
of the restriction.
    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

    Based on the September 11, 2001, terrorist attacks on the World 
Trade Center buildings in New York and the Pentagon in Arlington, 
Virginia, there is an increased risk that subversive activity could be 
launched by vessels or persons in close proximity to the Sunshine 
Skyway Bridge in Tampa Bay, located at approximate position 27 deg. 
37'12" N Latitude, 82 deg. 39'20" W Longitude. These security zones 
will encompass all waters extending 100 feet around all bridge supports 
and rocky outcroppings at the base of the supports for the Sunshine 
Skyway Bridge in Tampa Bay. Entry into these security zones is 
prohibited, unless specifically authorized by the Captain of the Port, 
Tampa, Florida 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. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979) because this will only affect a 
small group of recreational fisherman that occasionally fish next to 
the bridge supports and they may be allowed to enter these zones with 
the permission of the Captain of the Port.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
effect upon a substantial number of small entities. ``Small entities'' 
include 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 small entities may be allowed to enter these zones on 
a case by case basis with the authorization of the Captain of the Port.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

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

Federalism

    A rule has implication 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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

[[Page 65839]]

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.

Environmental

    The Coast Guard considered the environmental impact of this rule 
and concluded under Figure 2-1, paragraph 34(g) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

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 relationships 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 Executive Order 12866 and is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. It has not been designated by the Administrator of the Office 
of Information and Regulatory Affairs as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports 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--[AMENDED]

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T07-139 is added to read as follows:


Sec. 165.T07-139  Security Zone; Tampa Bay, Florida.

    (a) Regulated area. The Coast Guard is establishing temporary fixed 
security zones in all waters extending 100 feet around all bridge 
supports and rocky outcroppings at the base of the supports for the 
Sunshine Skyway Bridge in Tampa Bay, located at approximate position 
27 deg. 37'12" N Latitude, 82 deg.39'20" W Longitude.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.33 of this part, entry into these zones is prohibited except 
as authorized by the Captain of the Port, or his designated 
representative. The Captain of the Port will notify the public via 
Marine Safety Radio Broadcast on VHF Marine Band Radio, Channel 13 and 
16 (157.1 MHz).
    (c) Dates. This section becomes effective at 6 p.m. (EST) on 
December 7, 2001 and will remain in effect until 6 p.m. (EDT) on June 
15, 2002.
    (d) Authority. The authority for this section is 33 U.S.C. 1226; 49 
CFR 1.46.

    Dated: December 4, 2001.
A. L. Thompson, Jr.,
Captain, U. S. Coast Guard, Captain of the Port.
[FR Doc. 01-31524 Filed 12-20-01; 8:45 am]
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