[Federal Register Volume 71, Number 12 (Thursday, January 19, 2006)]
[Rules and Regulations]
[Pages 3003-3005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-496]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP St. Petersburg 05-163]
RIN 1625-AA00


Safety Zone Regulation; Tampa Bay, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Tampa Bay, Florida in the vicinity of the Treasure Island 
Causeway bascule bridge. This safety zone is being established to 
protect mariners from the hazards associated with the blasting 
demolition of the concrete portions of the Treasure Island bascule 
bridge. This rule is necessary to provide for the safety of life on the 
navigable waters of the United States.

DATES: This rule is effective from 7:30 a.m. on January 9, 2006 through 
6 p.m. March 10, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP St. Petersburg 05-163] and are 
available for inspection or copying at Coast Guard Sector St. 
Petersburg, Prevention Department, 155 Columbia Drive, Tampa, Florida 
33606-3598 between 7:30 a.m. and 3:30 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: BM1 Charles Voss at Coast Guard Sector 
St. Petersburg, Prevention Department, (813) 228-2191, ext. 8307.

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. The necessary details for the 
blasting demolition of the Treasure Island Causeway bascule bridge were 
not provided with sufficient time remaining to publish an NPRM. 
Publishing an NPRM and delaying its effective date would be contrary to 
the public interest since immediate action is needed to minimize 
potential danger to the public during the event. The Coast Guard will 
issue a broadcast notice to mariners to advise mariners of the 
restriction along with Coast Guard assets on scene who will also 
provide notice of the safety zone to mariners.
    For the same reasons, 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.

Background and Purpose

    Johnson Brothers Corporation was contracted to replace the middle 
span bridge, bascule portion on the Treasure Island Causeway. In order 
to complete the demolition of the existing bridge, Johnson Brothers 
will conduct a total of six blasts on three different days to break up 
the concrete into smaller sections for removal. The three days are 
tentatively scheduled for 7:30 a.m. on January 11, 2006, January 24, 
2006, and February 7, 2006. Each day there will be two blasts 
approximately one hour apart. The first day of blasts will be to remove 
the concrete counterbalances. The second and third days will be to 
remove the West and East side concrete main leaf structures 
respectively. The use of explosives and the proximity of the concrete 
bridge structure to the navigable channel present a hazard to mariners 
transiting the area. This safety zone is being established to ensure 
the safety of life on the navigable waters of the United States.

Discussion of Rule

    The safety zone will extend out from the Treasure Island Causeway 
bascule Bridge in a 1,000 foot radius. Vessels and persons not under 
contract or employees of Johnson Brothers are prohibited from entering, 
anchoring or transiting within this zone unless authorized by the 
Captain of the Port St. Petersburg or his designated representative. 
This safety zone is effective from 7:30 a.m. on January 9, 2006 through 
6 p.m. on March 6, 2006. The Coast Guard does not know the exact dates 
that this safety zone will be enforced at this time. Coast Guard Sector 
St Petersburg will give notice of the enforcement of the safety zone by 
issuing a Broadcast Notice to Mariners beginning 24 to 48 hours before 
the blasting is scheduled to begin. On-scene notice will be provided by 
local Coast Guard and local law enforcement marine units enforcing the 
safety zone.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation under the 
regulatory policies and procedures of DHS is unnecessary because the 
safety zone will be in effect for a limited period of time and vessels 
may enter with the express permission of the Captain of the Port of St. 
Petersburg or his designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 may affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit within a 1,000 foot radius from the Treasure Island Causeway 
Bascule Bridge. This safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons. This rule will only be enforced in a location where traffic is 
minimal and for a limited time when vessel traffic is expected to be 
extremely low. Additionally, traffic will be allowed to enter the zone 
with the permission of the Captain of the Port St. Petersburg or his 
designated representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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

[[Page 3004]]

process. Small entities may contact the person listed under FOR FURTHER 
INFORMATION CONTACT for assistance in understanding and participating 
in this rulemaking. We also have a point of contact for commenting on 
actions by employees of the Coast Guard. 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).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and it is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are not factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation.
    This rule is a safety zone and therefore fits the category 
described in paragraph (34)(g). An ``Environmental Analysis Check 
List'' and a ``Categorical Exclusion Determination'' are not required 
for this rule.

List of Subjects in 33 CFR Part 165

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


0
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; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. A new section 165.T07-163 is added to read as follows:


Sec.  165.T07-163  Safety zone: Treasure Island Causeway, Tampa Bay, 
Florida.

    (a) Regulated Area. The Coast Guard is establishing a safety zone 
on the waters of the Intracoastal Waterway in the vicinity of the 
Treasure Island Causeway Bascule bridge. The safety zone encompasses 
all waters within a 1,000 foot radius of the Treasure Island Bascule 
bridge located at 27[deg]46'15'' N, 82[deg]45'12'' W. This safety zone 
will be activated only on days when blasting is scheduled on the bridge 
during the effective period identified in paragraph (c) of this 
section.
    (b) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this safety zone is prohibited to 
all vessels and persons without the prior permission of the Coast Guard 
Captain of the Port St. Petersburg or his designated representative.
    (c) Effective Period. This Safety Zone is effective from 7:30 a.m. 
on January 9, 2006 through 6 p.m. on March 10, 2006.
    (d) Notice of Enforcement. Coast Guard Sector St. Petersburg will 
give

[[Page 3005]]

notice of the enforcement of the safety zone by issuing a Broadcast 
Notice to Mariners beginning 24 to 48 hours before the blasting is 
scheduled to begin. On-scene notice will be provided by local Coast 
Guard and local law enforcement marine units enforcing the safety zone.

    Dated: January 5, 2006.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg, 
Florida.
[FR Doc. 06-496 Filed 1-18-06; 8:45 am]
BILLING CODE 4910-15-M