
[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Proposed Rules]
[Pages 54937-54941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21999]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to consolidate three security 
zone regulations into one regulation. In addition, the Coast Guard is 
proposing to disestablish two safety zone regulations, and convert 
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 revised security zones is 
prohibited without permission of the Captain of the Port St. Petersburg 
or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 15, 2014.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is (202) 366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Brett Sillman, Sector St. Petersburg Waterways 
Management Division, U.S. Coast Guard; telephone (813) 228-2191, email 
brett.s.sillman@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collings, 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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if

[[Page 54938]]

we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2013-0040 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2013-0040 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting, but you may submit a 
request for one using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    Existing security zones were established in 2003 and codified in 33 
CFR 165.760 and 165.764 by the Captain of the Port Tampa. The Coast 
Guard proposes to revise the following established safety and security 
zones for the purpose of enhancing port security for the region:
     Sec.  165.703 Tampa Bay, Florida--Safety Zone;
     Sec.  165.704 Tampa Bay, Florida--Safety Zone;
     Sec.  165.760 Security Zones; Tampa Bay, Port of Tampa, 
Port of St. Petersburg, Port Manatee, Rattlesnake, Old Port Tampa, Big 
Bend, Weedon Island and Crystal River, Florida;
     Sec.  165.767 Security Zone; Manbirtee Key, Port of 
Manatee, Florida;
     Sec.  165.768 Security Zone; MacDill Air Force Base, 
Tampa, FL;
     Sec.  165.760 Remove; (a)(6) Piers, seawalls, and 
facilities, Port of Tampa, East Bay and the eastern side of Hooker's 
Point;
     Sec.  165.760 Remove; (a)(8) Piers, seawalls, and 
facilities, Port of Manatee.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish 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 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.

D. Discussion of Proposed Rule

    The Coast Guard is proposing to consolidate security zones in 33 
CFR 165.760, 33 CFR 165.767, and 33 CFR 165.768 into one section under 
33 CFR 165.703. The Coast Guard is also proposing to disestablish all 
local safety zone regulations under 33 CFR 165.703 and 33 CFR 165.704 
and convert those safety zones into new security zones under section 33 
CFR 165.703 regulations 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, within the 
Captain of the Port St. Petersburg Zone. The security zones created by 
this proposed rule will
    The Coast Guard's ports, waterways and coastal security mission 
gives priority to ensuring the safe transit of vessels carrying 
especially hazardous cargos.
    There are currently no security zones for vessels carrying 
especially hazardous cargos within Tampa Bay. In consideration of the 
potential risks to the aforementioned public and commercial interests 
from especially hazardous cargos such as an ammonium nitrate or 
liquefied petroleum gas explosion, toxic release of anhydrous ammonia, 
or disruption of any vessel's transit due to an attack, and using the 
Maritime Security Risk Analysis Tool, there is a compelling public 
safety interest to:
    (1) Establish a 500-yard security zone around all vessels carrying 
especially hazardous cargos during transit through Tampa Bay and while 
moored with cargo onboard; and,
    (2) Establish a 500-yard security zone around cruise ships, during 
transit through Tampa Bay and at all times while moored.
    Establishing 500-yard security zones increases the area of 
federally enforceable jurisdiction around the protected vessel, thereby 
providing vital additional space for law enforcement vessels to react 
to potential surface threats. The current zone is insufficient to allow 
law enforcement vessels to effectively respond to such threats. These 
proposed regulations will impose operating, inspection, and reporting 
requirements for vessels and will create regulated areas surrounding 
vessels in commercial service, including ferries. Owners, agents, 
masters, operators, or persons in charge of vessels will be subject to 
the reporting requirements contained in 33 CFR part 160, subpart C, 
Notification of Arrival, Hazardous Conditions, and Certain Dangerous 
Cargos.

E. Regulatory Analyses

    We developed this proposed 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.

1. Regulatory Planning and Review

    This proposed 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

[[Page 54939]]

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 proposed 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 proposed rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 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 proposed 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 proposed rule would economically affect it.

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 proposed rule. If the proposed 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. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed rule under that Order and 
determined that this proposed 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such expenditure, we do discuss the effects of this proposed 
rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the commandant instruction. A preliminary environmental 
analysis checklist supporting this determination are not required 
because the project seeks to only merge and remove existing 
regulations. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
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 proposes 
to amend 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. 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.


[[Page 54940]]


0
2. Revise Sec.  165.703 to read as follows:


Sec.  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[deg]53.32' N, 
082[deg]32.05' W; thence to; 27[deg]53.38' N, 082[deg]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[deg]53.21' N, 082[deg]32.11' W; thence to; 27[deg]53.22' N, 
082[deg]32.23' W; thence to; 27[deg]53.25' N, 082[deg]32.23' W; thence 
to; 27[deg]53.25' N, 082[deg]32.27' W; thence to; 27[deg]53.29' N, 
082[deg]32.25' W; thence to; 27[deg]53.30' N, 082[deg]32.16' W; thence 
to; 27[deg]53.21' N, 082[deg]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[deg]51.62' 
N, 082[deg]33.14' W; thence to; 27[deg]51.71' N, 082[deg]32.5' W; 
thence to; 27[deg]51.76' N, 082[deg]32.5' W; thence to 27[deg]51.73' N, 
082[deg]33.16' W; thence to; 27[deg]51.62' N, 082[deg]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[deg]37.30' N, 
082[deg]39.38' W; 27[deg]37.13' N, 082[deg]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[deg]51'52.901'' N, 
082[deg]29'18.329'' W; thence to 27[deg]52'00.672'' N, 
082[deg]28'51.196'' W; thence to 27[deg]51'28.859'' N, 
082[deg]28'10.412'' W; thence to 27[deg]51'01.067'' N, 
082[deg]27'45.355'' W; thence to 27[deg]50'43.248'' N, 
082[deg]27'36.491'' W; thence to 27[deg]50'19.817'' N, 
082[deg]27'35.466'' W; thence to 27[deg]49'38.865'' N, 
082[deg]27'43.642'' ; W; thence to 27[deg]49'20.204'' N, 
082[deg]27'47.517'' W; thence to 27[deg]49'06.112'' N, 
082[deg]27'52.750'' W; thence to 27[deg]48'52.791'' N, 
082[deg]28'05.943'' W; thence to 27[deg]48'45.406'' N, 
082[deg]28'32.309'' W; thence to 27[deg]48'52.162'' N, 
082[deg]29'26.672'' W; thence to 27[deg]49'03.600'' N, 
082[deg]30'23.629'' W; thence to 27[deg]48'44.820'' N, 
082[deg]31'10.000'' W; thence to 27[deg]49'09.350'' N, 
082[deg]32'24.556'' W; thence to 27[deg]49'38.620'' N, 
082[deg]33'02.444'' W; thence to 27[deg]49'56.963'' N, 
082[deg]32'45.023'' W; thence to 27[deg]50'05.447'' N, 
082[deg]32'48.734'' W; thence to 27[deg]50'33.715'' N, 
082[deg]32'45.220'' W; thence to 27[deg]50'42.836'' N, 
082[deg]32'10.972'' 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[deg]54.15' N, 082[deg]26.06' W; thence to; 
27[deg]54.46' N, 082[deg]25.71' W; closing off all Port Sutton Channel.
    (vii) Piers, seawalls, and facilities, Port of Tampa, on the 
western side of 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[deg]54.74' N, 082[deg]26.47' W; thence to 27[deg]55.25' N, 
082[deg]26.73' W; thence to 27[deg]55.60' N, 082[deg]26.80' W; thence 
to 27[deg]56.00' N, 082[deg]26.75' W; thence to 27[deg]56.58' N, 
082[deg]26.53' W; thence to 27[deg]57.29' N, 082[deg]26.51' W; thence 
to 27[deg]57.29' N, 082[deg]26.61' W; thence to 27[deg]56.65' N, 
082[deg]26.63' W; thence to 27[deg]56.58' N, 082[deg]26.69' W; thence 
to 27[deg]56.53' N, 082[deg]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[deg]45.56' N, 082[deg]37.55' W, and westward 
along the seawall to the end of the cruise terminal in approximate 
position 27[deg]45.72' N, 082[deg]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[deg]45.51' N, 082[deg]37.99' W; to 27[deg]45.52' N, 082[deg]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[deg]56.87' N, 082[deg]45.17' W; thence to 28[deg]57.37' N, 
082[deg]41.92' W; thence to 28[deg]56.79' N, 082[deg]45.13' W; thence 
to 28[deg]57.32' N, 082[deg]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[deg]57.61' N, 082[deg]43.42' W 
thence to; 28[deg]57.55' N, 082[deg]41.88' W thence to; 28[deg]57.58' 
N, 082[deg]43.42' W thence to; 28[deg]57.51' N, 082[deg]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[deg]48.08' N, 
082[deg]24.88' W; thence to; 27[deg]48.15' N, 082[deg]24.96' W; thence 
to; 27[deg]48.10' N, 082[deg]25.00' W; thence to; 27[deg]47.85' N, 
082[deg]25.03' W; thence to; 27[deg]47.58' N, 082[deg]24.89' W; thence 
to; 27[deg]47.58' N, 082[deg]24.06' W; thence to; 27[deg]47.62' N, 
082[deg]24.04' W; thence to; 27[deg]47.63' N, 082[deg]24.71' W; thence 
to; 27[deg]48.03' N, 082[deg]24.70' W; thence to; 27[deg]48.08' N, 
082[deg]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[deg]51.52' N, 082[deg]35.82' W; thence along the shore to; 
27[deg]51.54' N, 082[deg]35.78' W; thence to; 27[deg]51.89' N, 
082[deg]35.82' W; thence to; 27[deg]51.89' N, 082[deg]36.14' W, closing 
off the entrance to both canals.

[[Page 54941]]

    (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.
    (3) 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:
    (i) All subject vessels operating in the Captain of the Port St. 
Petersburg Zone shall follow reporting requirements in 33 CFR part 160, 
subpart C.
    (ii) 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.
    (iii) 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 means any navigable waters 
or tributaries between or within Fenholloway River through Chokoloskee 
Pass, Florida, including 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, Tampa Bay, and Weedon Island, FL.
    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.
    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 Part 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.
    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 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 paragraph (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 general the general provisions in 33 CFR 
165.33, no person may authorize the operation of a vessel in the 
security zones contrary to the provisions of this section.
    (5) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, the 
authority for this section includes 33 U.S.C. 1226.
    (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.
0
3. Remove and reserve Sec. Sec.  165.704, 165.760, 165.767, and 
165.768.

    Dated: June 4, 2014.
G.D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2014-21999 Filed 9-12-14; 8:45 am]
BILLING CODE 9110-04-P


