[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Rules and Regulations]
[Pages 65623-65625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26604]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0885]
RIN 1625-AA87
Security Zones; USCGC WILLIAM FLORES Commissioning Ceremony, Ybor
Channel; Tampa, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone on
the waters of Ybor Channel in Tampa, Florida around the USCGC WILLIAM
FLORES immediately before and during its Commissioning Ceremony that
will be held on November 3, 2012, in the Port of Tampa, on Ybor Channel
at Channelside Cruise Terminal 3, located in position 27[deg]56.598' N,
082[deg]26.724' W. The security zone will be enforced from 8 a.m. to 4
p.m. and is necessary to protect USCGC WILLIAM FLORES, official
parties, dignitaries, the public, and surrounding waterways from
terrorist acts, sabotage or other subversive acts, accidents, or other
causes of a similar nature. Entering or remaining in the security zone
is prohibited unless authorized by the Captain of the Port St.
Petersburg or a designated representative.
DATES: This rule is effective and will be enforced on November 3, 2012,
from 8 a.m. until 4 p.m.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0885. 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
temporary final rule, call or email Boatswains Mate Second Class
Gregory A. Belkin, Sector St. Petersburg Prevention Department, Coast
Guard; telephone (813) 228-2191 Ext. 8158, 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 History and 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. The Coast Guard did not have necessary
information regarding the event with sufficient time to publish an NPRM
and to receive public comments in advance of the effective date of the
security zone. Any delay in the effective date of this rule would be
contrary to the public interest as immediate action is needed to
protect USCGC WILLIAM FLORES, official parties, dignitaries, visiting
officials, the public, and the surrounding waterway from sabotage or
other subversive acts, accidents, or other causes of a similar nature.
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; Pub. L. 107-295, 116 Stat.
2064; Department of Homeland Security Delegation No. 0170.1.
The purpose of this rule is to protect USCGC WILLIAM FLORES,
official parties, dignitaries, visiting officials, the public, and the
surrounding waterway from potential terrorist acts, sabotage or other
subversive acts, accidents, or other causes of a similar nature.
C. Discussion of the Final Rule
On November 3, 2012, the USCGC WILLIAM FLORES Commissioning
Ceremony will be held in the Port of Tampa, on Ybor Channel at
Channelside Cruise Terminal 3, located in position 27[deg]56.598' N,
082[deg]26.724' W. The temporary security zone encompasses
[[Page 65624]]
all waters of Ybor Channel within a 250-yard radius of USCGC WILLIAM
FLORES. The security zone will be enforced from 8 a.m. until 4 p.m. on
November 3, 2012. No vessels will be authorized to transit the security
zone from 10 a.m. until 11 a.m. The security zone may cease to be
enforced prior to the end of the stated enforcement period if the
commissioning ceremony has concluded, and the USCGC WILLIAM FLORES and
visiting officials are departed ahead of schedule.
All persons and vessels are prohibited from entering or remaining
in the security zone unless authorized by the Captain of the Port St.
Petersburg or a designated representative. Persons and vessels desiring
to enter or remain in the security zone may contact the Captain of the
Port St. Petersburg by telephone at (727) 824-7524, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter or remain within the regulated areas is
granted by the Captain of the Port St. Petersburg or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port St.
Petersburg or a designated representative. Recreational vessels
authorized to enter or remain within the regulated areas may be subject
to boarding and inspection of the vessel and persons onboard. The Coast
Guard will provide notice of the security zone by Local Notice to
Mariners, Broadcast Notice to Mariners, 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 these statutes and 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, 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. The economic impact of
this rule is not significant for the following reasons: (1) The
security zone will be enforced for a total of 8 hours; (2) the security
zone will be in a location where commercial vessel traffic is expected
to be minimal; (3) commercial vessel traffic may be authorized to
transit the security zones to the extent compatible with public safety
and security; (4) persons and vessels will be able to operate in the
surrounding area adjacent to the security zones during the enforcement
period; (5) persons and vessels will be able to enter or remain within
the security zones if authorized by the Captain of the Port St.
Petersburg or a designated representative; and (6) the Coast Guard
would provide advance notification of the security zone to the local
community by Broadcast Notice to Mariners.
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 may affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to enter or remain within those portions of Ybor Channel
encompassed within the security zone from 8 a.m. through 4 p.m. on
November 3, 2012. For the reasons discussed in the Regulatory Planning
and Review section above, this rule will not have a significant
economic impact on a substantial number of small entities.
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,
above.
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 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 have
determined that it 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
INTFORMATION 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 (adjusted for
inflation) 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.
8. Taking of Private Property
This rule will not affect 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.
[[Page 65625]]
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
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 establishing temporary security zone, as described in
paragraph 34(g) of the Instruction that will be enforced for a total of
8 hours. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Commandant Instruction. An environmental
analysis checklist and categorical exclusion determination supporting
this determination are 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
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.T07-0922 to read as follows:
Sec. 165.T07-0922 Security Zones; USCGC WILLIAM FLORES Commissioning
Ceremony, Ybor Channel; Tampa, FL.
(a) Regulated Areas. The following regulated area is a security
zone: all waters of Ybor Channel encompassed by a 250-yard radius
around USCGC WILLIAM FLORES at Channelside Cruise Terminal 3 in the
Port of Tampa, located in position 27[deg]56.598' N, 082[deg]26.724' W.
All coordinates are North American Datum 1983.
(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 desiring to enter or
remain within the regulated area may contact the Captain of the Port
St. Petersburg by telephone at (727) 824-7524, or a designated
representative via VHF radio on channel 16, to request authorization.
(2) If authorization to enter or remain within the regulated area
is granted by the Captain of the Port St. Petersburg or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port St.
Petersburg or a designated representative. Recreational vessels
authorized to enter the regulated area may be subject to boarding and
inspection of the vessel and persons onboard.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective date. This rule is effective and will be enforced
from 8 a.m. through 4 p.m. on November 3, 2012.
Dated: October 18, 2012.
S.L. Dickinson,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2012-26604 Filed 10-29-12; 8:45 am]
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