[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Rules and Regulations]
[Pages 50929-50932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20699]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0707]
RIN 1625-AA87
Security Zones; 2012 RNC Bridge Security Zones, Captain of the
Port St. Petersburg Zone, Tampa, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing fifteen temporary security
zones around certain bridges on the waters of Pinellas County and Tampa
Bay, Florida, during the 2012 Republican National Convention, from
August 25, 2012, to August 31, 2012. The security zones are necessary
to protect convention delegates, official parties, dignitaries, the
public, and surrounding waterways from terrorist acts, sabotage or
other subversive acts, accidents, or other causes of a similar nature,
intended to harm people, damage property, or disrupt the proceedings of
the 2012 Republican National Convention. All persons and vessels are
prohibited from loitering, anchoring, stopping, or mooring on waters
within 50 yards of the designated bridges during the times that the
security zones will be enforced for each bridge. Expeditious transiting
through the security zones is authorized.
This rule establishes security zones around the following bridges:
the Gandy Bridge; Howard Franklin Bridge; Courtney Campbell Causeway
Bridge; the Clearwater Memorial Causeway (60); Sand Key Bridge (699);
Belleair Causeway Bridge; Walsingham Rd Bridge (688); Park Blvd. (co Rd
694); Welch Causeway (Tom Stuart Causeway/150th Ave); Seminole Bridge
(Bay Pines Blvd./19/595); Johns Pass Bridge (Gulf Blvd./699); Treasure
Island Causeway (Central Ave); Corey Causeway (Pasadena Ave); Blind
Pass Bridge (699); and Pinellas Bayway Structures A, B, and C.
DATES: This rule is effective from 12:01 p.m. on Saturday, August 25,
2012, through 1:00 a.m. on Friday, August 31, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0707. 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 Nolan L. Ammons,
Sector St. Petersburg Prevention Department, Coast Guard; telephone
(813) 228-2191, email [email protected]. If you have questions
on viewing the docket, call Renee V. Wright, 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 Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
notice of the need to establish these security zones until July 18,
2012. As a result, the Coast Guard did not have sufficient time to
publish an NPRM and to receive public comments prior to implementation
of the security zones. Any delay in the effective date of this rule
would be contrary to the public interest because immediate action is
needed to minimize potential danger to the convention delegates,
official parties, dignitaries, the public, and surrounding waterways.
For the same reason discussed above, 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.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1226, 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; Public Law 107-295, 116
Stat. 2064; Department of Homeland Security Delegation No. 0170.1.
The purpose of this rule is to protect convention delegates,
official parties, dignitaries, the public, and surrounding waterways
from terrorist acts, sabotage or other subversive acts, accidents, or
other causes of a similar nature, intended to harm people, damage
property, or disrupt the proceedings of the 2012 Republican National
Convention.
C. Discussion of Rule
The Secretary of the Department of Homeland Security has designated
the 2012 Republican National Convention as a National Special Security
Event. National Special Security Events are significant events, which,
due to their political, economic, social, or religious
[[Page 50930]]
significance, may render them particularly attractive targets of
terrorism or other criminal activity. The Federal government provides
support, assistance, and resources to state and local governments to
ensure public safety and security during National Special Security
Events.
Numerous Federal, State, and local agencies, including the U.S.
Secret Service, Federal Bureau of Investigation, Customs and Border
Protection, U.S. Coast Guard, and the Joint Terrorism Task Force, have
developed comprehensive security plans to protect participants and the
public during the Republican National Convention. As part of the
comprehensive effort, the maritime security objective is to protect
Convention participants, the maritime transportation system, and
maritime stakeholders, including recreational boaters, from threats and
security vulnerabilities. The Coast Guard and other Federal, State, and
local agencies involved in security for the 2012 Republican National
Convention have conducted threat, vulnerability, and risk analyses
relating to the event.
The convention is expected to draw widespread protests by persons
dissatisfied with national policy, foreign policy, and the Republican
Party agenda. This politically-oriented event has the potential to
attract anarchists and others persons intent on expressing their
opposition through violence and criminal activity. The convention also
may present an attractive target for terrorist and extremist
organizations. Current analysis indicates that some activist groups are
planning maritime activities to make their political views known.
Maritime security vulnerabilities during the 2012 Republican
National Convention extend beyond the Convention site and include
secondary venues throughout the Tampa Bay area. The geography of the
Tampa Bay region makes these fifteen bridges a vital component of the
regional transportation network. Dignitaries, delegates, and
participants at the Convention will be required to travel across these
bridges to reach secondary venue locations. Further, dignitaries,
delegates, and participants in the Republican National Convention will
be staying at numerous hotels in Clearwater, St. Petersburg, and other
areas. This will require those persons to make daily transits across
the bridges spanning Tampa Bay and the Inter-Coastal Waterway to attend
the Convention and associated events.
These fifteen security zones, developed in conjunction with
comprehensive security planning and actions by other agencies, will
assist in the safe and secure transportation of dignitaries and
delegates to the Convention. In addition, the security zones will
prevent disruption of these vital components of the region's
transportation network that may be caused by violent protesters and
other groups drawn to this event. In addition, the security zones will
prevent persons from using the bridges and surrounding waters to stop
or impede maritime traffic during the event.
The security zones and accompanying security measures have been
specifically developed to mitigate the threats and vulnerabilities
identified in the analysis discussed above. Security measures have been
limited to the minimum necessary to mitigate risks associated with the
identified threats.
This rule will establish temporary security zones around fifteen
bridges in the Captain of the Port St. Petersburg area during the 2012
Republican National Convention in Tampa, Florida. This rule is
effective from 12:01 p.m. on Saturday, August 25, 2012, through 1:00
a.m. on Friday, August 31, 2012.
All persons and vessels are prohibited from loitering, anchoring,
stopping, or mooring under or within 50 yards of either side of the
designated bridges. Expeditious transiting through the security zones
is authorized. The security zones will be enforced 24-hours a day for
the Gandy Bridge, Howard Franklin Bridge, and Courtney Campbell
Causeway Bridge.
The remaining security zones will be established around: The
Clearwater Memorial Causeway (60); Sand Key Bridge (699); Belleair
Causeway Bridge; Walsingham Rd Bridge (688); Park Blvd.(co Rd 694);
Welch Causeway (Tom Stuart Causeway/150th Ave); Seminole Bridge (Bay
Pines Blvd./19/595); Johns Pass Bridge (Gulf Blvd./699); Treasure
Island Causeway (Central Ave); Corey Causeway (Pasadena Ave); Blind
Pass Bridge (699); and Pinellas Bayway Structures A, B, and C. These
security zones will be enforced for other bridges as follows:
Sunday, August 26: 3:00 p.m. to 8:00 p.m.;
Monday, August 27: 11:00 a.m. to 2:00 p.m. and 3:00 p.m. to 7:00 p.m.;
Tuesday, August 28: 3:00 p.m. to 7:00 p.m.;
Wednesday, August 29: 3:00 p.m. to 7:00 p.m.; and
Thursday, August 30: 3:00 p.m. to 7:00 p.m.
A Port Community Information Bulletin (PCIB) will be distributed by
Coast Guard Sector St. Petersburg. The PCIB will be available on the
Coast Guard Internet web portal at http://homeport.uscg.mil. PCIBs are
located under the Port Directory tab in the Safety and Security Alert
links. The Coast Guard will provide notice of the security zones by
Local Notice to Mariners, Broadcast Notice to Mariners, public
outreach, and on-scene designated representatives.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
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, 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 that Order.
The economic impact of this rule is not significant for the
following reasons: (1) The security zone will be effective for only six
days; (2) although persons and vessels are prohibited from remaining or
anchoring within the security zones during the effective dates, normal
navigational transits will be authorized; and (3) vessels may operate
in the area outside the security zones during the effective period.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 would affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
anchor or remain in any of the fifteen security zones during the
effective periods described in the rule. These security zones would not
have a significant economic impact on a substantial number of small
entities for the reasons discussed in the
[[Page 50931]]
Regulatory Planning and Review section above.
3. 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 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.
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). 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 calls for no 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 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.
8. Taking of Private Property
This rule will 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
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 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 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.
12. Energy Effects
This action 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 involves the establishment of fifteen temporary
security zones. 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 and a
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, 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
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, 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.
0
2. Add a temporary Sec. 165.T07-0707 to read as follows:
Sec. 165.T07-0707 Security Zones; 2012 Republican National
Convention, Captain of the Port St. Petersburg Zone, Tampa, FL.
(a) Regulated Areas. All waters under and within 50 yards of either
side of the following bridges are established as temporary security
zones:
(1) The Gandy Bridge,
(2) Howard Franklin Bridge,
(3) Courtney Campbell Causeway Bridge,
(4) The Clearwater Memorial Causeway (60),
(5) Sand Key Bridge (699),
(6) Belleair Causeway Bridge,
(7) Walsingham Rd Bridge (688),
(8) Park Blvd.(co Rd 694),
(9) Welch Causeway (Tom Stuart Causeway/150th Ave),
(10) Seminole Bridge (Bay Pines Blvd./19/595),
(11) Johns Pass Bridge (Gulf Blvd./699),
(12) Treasure Island Causeway (Central Ave),
(13) Corey Causeway (Pasadena Ave),
(14) Blind Pass Bridge (699),
[[Page 50932]]
(15) Pinellas Bayway Structure A, B, and C.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard boat coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officials designated by or assisting the
Captain of the Port St. Petersburg in the enforcement of the regulated
areas.
(c) Regulations.
(1) All persons and vessels are prohibited from loitering,
anchoring, stopping, or mooring under or within the regulated areas,
unless authorized by a designated representative. Expeditious
transiting through the security zones is authorized.
(2) The security zones will be enforced at all times from 12:01
p.m. on Saturday, August 25, 2012, through 1:00 a.m. on Friday, August
31, 2012, for the Gandy Bridge, Howard Franklin Bridge, and Courtney
Campbell Causeway Bridge.
(3) The security zones will be enforced for the Clearwater Memorial
Causeway (60); Sand Key Bridge (699); Belleair Causeway Bridge;
Walsingham Rd Bridge (688); Park Blvd.(co Rd 694); Welch Causeway (Tom
Stuart Causeway/150th Ave); Seminole Bridge (Bay Pines Blvd./19/595);
Johns Pass Bridge (Gulf Blvd./699); Treasure Island Causeway (Central
Ave); Corey Causeway (Pasadena Ave); Blind Pass Bridge (699); and
Pinellas Bayway Structures A, B, and C; as follows:
(i) Sunday, August 26: 3:00 p.m. to 8:00 p.m.;
(ii) Monday, August 27: 11:00 a.m. to 2:00 p.m. and 3:00 p.m. to
7:00 p.m.;
(iii) Tuesday, August 28: 3:00 p.m. to 7:00 p.m.;
(iv) Wednesday August 29: 3:00 p.m. to 7:00 p.m.; and
(v) Thursday August 30: 3:00 p.m. to 7:00 p.m.
(4) A Port Community Information Bulletin is available on the Coast
Guard Internet Web portal at http://homeport.uscg.mil. Port Community
Information Bulletins are located under the Port Directory tab in the
Safety and Security Alert links.
(5) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, public
outreach, and on-scene designated representatives.
(d) Effective Date. This rule is effective from 12:01 p.m. on
Saturday, August 25, 2012, through 1:00 a.m. on Friday, August 31,
2012.
Dated: August 14, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2012-20699 Filed 8-22-12; 8:45 am]
BILLING CODE 9110-04-P