[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Proposed Rules]
[Pages 47752-47754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22654]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[COTP Tampa 99-042]
RIN 2115 AA97
Safety Zone; Tampa Bay, Tampa, FL
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the permanent regulations
for floating safety zones around Anhydrous Ammonia (NH3) vessels
transiting the waters of Tampa Bay. These revisions will allow for
nighttime vessel transits, and will replace the requirement for a
safety zone at the berth with a requirement to provide 30 minute
advanced notice to the NH3 vessel or facility. Safety improvements in
Tampa Bay have alleviated the need for such restrictions.
DATES: Comments must be received on or before November 1, 1999.
ADDRESSES: You may mail comments and related material to Commanding
Officer, Marine Safety Office Tampa, 155 Columbia Drive, Tampa, Florida
33606. Marine Safety Office (MSO) Tampa maintains the public docket for
[[Page 47753]]
this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at MSO Tampa between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Warren Weedon, Chief,
Waterways Management Branch at (813) 228-2189.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking [COTP Tampa 99-042] and the specific section
of this proposal to which each comment applies and give the reason for
each comment.
The Coast Guard will consider all comments received during the
comment period. It may change this rule in view of the comments. The
Coast Guard plans no public hearing. Persons may request a public
hearing by writing to LT Weedon at the address under ADDRESSES. The
request should include why a hearing would be beneficial. If it
determines that the opportunity for oral presentations will aid this
rulemaking, the Coast Guard will hold a public hearing at a time and
place announced by a notice in the Federal Register.
Background and Purpose
After extensive discussions from the Tampa Bay Harbor Safety
Committee and the formation of a Safety Zone Subcommittee consisting of
Coast Guard representatives, vessel agents, pilots, tug operators and
port authority representatives, recommendations were forwarded to the
Coast Guard Captain of the Port to amend the regulations for NH3
vessels transiting the Port of Tampa.
In 1991, Coast Guard Marine Safety Office Tampa temporarily amended
the transit requirements for Anhydrous Ammonia (NH3) vessels, through
Port Community Information Bulletin (PCIB) 6-91 which allowed NH3
vessels to enter and transit the Port of Tampa during the nighttime
with a minimum of three mile visibility. It also replaced the safety
zone extending 150 feet waterside while the vessel is moored, with a
requirement calling for vessels over 5000 gross tons to provide a 30
minute notification allowing the NH3 vessel time to take appropriate
safety precautions. PCIB 6-91 has been replaced with a case by waiver
from the current regulations, utilizing the operational restriction
initially identified in the PCIB. The Captain of the Port is not
seeking to incorporate these proven operational guidelines to
regulation.
In the late 1980's and early 1990's, many safety changes were made
to the port, including the widening and deepening of the shipping
channels, installation of centerline range marks, inbound and outbound,
an increased brightness in range lights and a new Vessel Traffic
Advisory System (VTAS). These changes have enhanced the level of safety
on the navigable waters of Tampa Bay.
In addition to implementing the amendments to the operational
requirements for NH3 vessels, the Coast Guard is also seeking comment
on the NH3 safety zone as a whole. During the subcommittee meetings,
discussion ranged from the total removal of the NH3 safety zone
regulations to no changes at all. The Coast Guard welcomes any comments
on the Safety Zone regulations as they stand in 33 CFR 165.703.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of the
order. It has been exempted from review by the Office of Management and
Budget 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). The Coast Guard expects the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This regulation already exists. The rulemaking will have
minimal affect on vessel traffic as it will only extend the hours of
operation to include the nighttime.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposed rule will have a
significant economic impact on 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 field and governmental jurisdictions with populations
of less than 50,000.
Therefore, the Coast Guard certifies under section 605(b) that this
rule will not have a significant effect upon a substantial number of
small entities, as this regulation will only be in effect approximately
twice a week for two hours in a limited area of the Port of Tampa.
If, however, you think that your business or organization qualifies
as a small entity and that this proposed rule will have a significant
economic impact on your business or organization, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and in
what way and to what degree this proposed rule will economically affect
it.
Collection of Information
This proposed rule contains no collection of information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
Federalism
This proposed action has been analyzed in accordance with the
principles and criteria contained in Executive Order 12612, and it has
been determined that the rulemaking does not have sufficient Federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
action and has determined under Figure 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1C, that this proposed rule is
categorically excluded from further environmental documentation. A
Categorical Exclusion Determination has been prepared and is available
in the docket for inspection and copying.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend part 165 of Title 33, Code of Federal Regulations 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, and 160.5; 49 CFR 1.46.
2. Revise Sec. 165.703 (b) and (g) to read as follows:
[[Page 47754]]
Sec. 165.703 Tampa Bay, Florida--Safety Zone.
* * * * *
(b) All vessels over 5000 gross tons intending to pass anhydrous
ammonia vessels moored in Port Sutton, and all vessels intending to
moor in the R. E. Knight facilities at Hookers Point while an anhydrous
ammonia vessel is moored in this facility, must give 30 minutes notice
to the anhydrous ammonia vessel so it may take appropriate safety
precautions.
* * * * *
(g) Vessels carrying anhydrous ammonia are permitted to enter and
transit Tampa and Hillsborough Bay and approaches only with a minimum
of three miles visibility.
* * * * *
Dated: August 5, 1999.
A.L. Thompson, Jr.,
Captain, U.S. Coast Guard, Captain of the Port, Tampa.
[FR Doc. 99-22654 Filed 8-31-99; 8:45 am]
BILLING CODE 4910-15-P
