[Federal Register Volume 65, Number 176 (Monday, September 11, 2000)]
[Rules and Regulations]
[Pages 54797-54798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23257]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD07-00-086]
RIN 2115-AE84


Regulated Navigational Area: Sanibel, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary regulated 
navigation area at the Sanibel Island Bridge ``A'' span. This regulated 
navigation area is needed to protect the public from the hazards 
resulting from damage caused to the west side fender system and the 
unprotected bridge support pilings. This rule implements vessel 
operating requirements until the damage is repaired.

DATES: This rule is effective from 11:15 a.m. August 25, 2000, to 8 
a.m. on December 5, 2000.

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 docket (CGD07-00-086) and are available for inspection or 
copying at, Marine Safety Office Tampa between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Commanding Officer, Marine Safety 
Office Tampa, 155 Columbia Drive, Tampa, Fl 33606, Attn: Lieutenant 
Warren Weedon, or phone (813) 228-2189 ext 101.

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 an NPRM because immediate action is 
necessary to minimize potential danger to the public from large vessel 
traffic transiting through the recently damaged bridge.
    Further, 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. Immediate action is necessary to 
minimize potential danger to the public from large vessel traffic 
transiting through the recently damaged bridge.

Background and Purpose

    At approximately 8 p.m. on August 17, 2000, a barge collided with 
the west side of the fendering system of the Sanibel Island Bridge 
``A'' span at Sanibel, Florida. The west side fender system and 
associated dolphins were destroyed leaving the bridge support pilings 
unprotected. This drawbridge connects Sanibel Island to the mainland, 
and spans San Carlos Bay, a waterway that provides access to the 
Intercoastal Waterway . Occasional barge traffic transits the waterway 
under this bridge. The potential risk of these transits is increased 
because of the recent damage and therefore all barge traffic transiting 
under the Sanibel Island ``A'' span will be limited to slack water 
transits only. Further, all barges shall have two tugs made fast fore 
and aft of the barge, respectively, each with adequate horsepower to 
fully maneuver the barge. Tides through the bridge occur twice daily, 
providing four (4) slack water periods of approximately one and one-
half (1 \1/2\) hours per period. Repair crews have begun removal of the 
damaged fender and may be operating in or near the channel. The 
scheduled completion of repairs is approximately 90 days.

Regulatory Evaluation

    This 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 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, 
l979). Vessel traffic affected by this rule can either enter the San 
Carlos Bay via alternate passages to the north, or schedule their 
transit for slack water periods.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 will affect the following entities, some of which 
may be small entities: The owners or operators of barges intending to 
transit the waterway under the bridge. This rule will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons.
    This rule will be in effect for a limited time until the bridge 
fendering system is repaired. Further, alternate routes to the north of 
the Sanibel Island Bridge are available for barge traffic or barges can 
schedule their transit during slack water.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could 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 and 
participating in this rulemaking.
    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).

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).

[[Page 54798]]

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

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.

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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (34)(g), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation. The environmental analysis checklist and 
Categorical Exclusion Determination will be prepared after the rule 
takes effect and will be available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Safety measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 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, 160.5; 49 CFR 1.46.

    2. Temporary Sec. 165.T07-086 is added to read as follows:


Sec. 165.T07-086  Regulated Navigational Area, San Carlos Bay, Sanibel 
Island Bridge ``A'' span, Sanibel, Florida.

    (a) Location. The following area is a regulated navigation area. 
All water under the main bridge span of Sanibel Island bridge extending 
100 feet on either side of the bridge within the main channel.
    (b) Regulated area. In accordance with the regulations of this 
part, no vessel may operate within the regulated navigational area 
contrary to this regulation. All barges shall have two tugs made fast 
fore and aft of the barge, respectively, each with adequate horsepower 
to fully maneuver the barge. Barges shall only transit the area at 
slack water. Smaller vessels are not limited to transiting at slack 
water but shall stay clear of the damaged section of the fendering 
system and work vessels operating in the vicinity. The Captain of the 
Port Tampa will notify the public of changes in the status of this zone 
via Broadcast Notice to Mariners.
    (c) Effective dates. This regulation becomes effective at 11:15 
a.m., August 25, 2000, and terminates at 8 a.m. on December 5, 2000.

    Dated: August 25, 2000.
G.W. Sutton,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 00-23257 Filed 9-8-00; 8:45 am]
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