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Security Zones; Port of St. Petersburg, St. Petersburg, FL
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 23, 2002 (Volume 67, Number 100)]
[Rules and Regulations]
[Page 36098-36099]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my02-10]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP TAMPA-02-022]
RIN 2115-AA97
Security Zones; Port of St. Petersburg, St. Petersburg, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing temporary fixed security zones
encompassing all waters around all Coast Guard and waterfront
facilities and moorings in St. Petersburg Harbor, St. Petersburg,
Florida. These security zones are needed for national security reasons
to protect Coast Guard vessels and facilities 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 rule is effective from 7 a.m. on May 1, 2002, until 6 p.m.
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 [COTP Tampa 02-022]
and are available for inspection or
copying at Marine Safety Office Tampa, 155 Columbia Drive, Tampa,
Florida 33606-3598 between 7:30 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. 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 Coast Guard Group
St. Petersburg or the Army National Guard Base in St. Petersburg
Harbor, St. Petersburg, Florida. These security zones will encompass
all waters on the north side of channel serving St. Petersburg Harbor,
commencing at dayboard ``10'' in approximate position 27 deg.45.58' N,
082 deg.37.52' W, and westward along the seawall 100 feet from the
seawall and around all moorings and vessels to the end of the storage
facility in approximate position 27 deg.45.68' N, 082 deg.37.80' W. The
zones will also include the Coast Guard south moorings in St.
Petersburg Harbor. This zone will extend 100 feet around the piers
commencing from approximate position 27 deg.45.52' N, 082 deg.37.96' W
to 27 deg.45.52' N, 082 deg.37.60' W. All positions noted are fixed
using the North American Datum of 1983 (World Geodetic System 1984).
The southern boundary of the zone is shoreward of a line between Green
Daybeacon 11(LLN 2500) westerly to the entrance to Salt Creek. Entry
into this security zone 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).
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 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 (Pub. L. 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
[[Page 36099]]
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.
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.
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 concern 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--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; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 6.04-11, 160.5; 49 CFR 1.46.
2. A new temporary Sec. 165.T07-022 is added to read as
follows:
Sec. 165.T07-022 Security Zones; Port of St. Petersburg, Florida.
(a) Regulated area. The Coast Guard is establishing temporary fixed
security zones in all waters north of the marked channel in St.
Petersburg Harbor, St. Petersburg, Florida. These security zones will
encompass all waters on the north side of channel serving St.
Petersburg Harbor, commencing at dayboard ``10'' in approximate
position 27 deg.45.58' N, 082 deg.37.52' W, and westward along the
seawall 100 feet from the seawall and around all moorings and vessels
to the end of the storage facility in approximate position
27 deg.45.68' N, 082 deg.37.80' W. These zones will also include the
Coast Guard south moorings in St. Petersburg Harbor. This zone will
extend 100 feet around the piers commencing from approximate position
27 deg.45.52' N, 082 deg.37.96' W to 27 deg.45.52' N, 082 deg.37.60# W.
All positions noted are fixed using the North American Datum of 1983
(World Geodetic System 1984). The southern boundary of the zone is
shoreward of a line between Green Daybeacon 11(LLN 2500) westerly to
the entrance to Salt Creek.
(b) Regulations. In accordance with the general regulations in
Sec. 165.33 of this part, entry into this zone 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 Broadcast on VHF-FM Channel 16 and 13 (157.1 MHz).
(c) Dates. This section is effective from 7 a.m. on May 1, 2002
until 6 p.m. on June 15, 2002.
Dated: April 16, 2002.
A.L. Thompson, Jr.,
Captain, Coast Guard, Captain of the Port, Tampa.
[FR Doc. 02-13005 Filed 5-22-02; 8:45 am]
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