[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Rules and Regulations]
[Pages 40918-40920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11486]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP St. Petersburg 06-089]
RIN 1625-AA00


Safety Zone; John's Pass, 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 John's Pass 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 John's Pass 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 a.m. on July 10, 2006 through 7 
p.m. on September 15, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of the docket [COTP St. Petersburg 06-089] 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: Waterways Management Division 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 John's Pass 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 blasting demolition of the John's Pass Bascule 
Bridge. The Coast Guard will issue a broadcast notice to mariners to 
advise mariners of the restriction along with Coast Guard assets and/or 
Pinellas County Sheriff marine unit 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

    Flatiron Construction was contracted to build a new Bascule at 
John's Pass and remove the existing Bridge. A meeting was held on April 
13, 2006 to address the blasting of the concrete supports of the 
Bascule Bridge directly adjacent to the navigation channel. Flatiron 
will conduct two separate blasts on two different days to break the 
concrete supports into smaller sections for removal. The blasts are 
tentatively scheduled for July 28, 2006 at approximately 8 a.m., and 
August 25, 2006 at approximately 8 a.m. Both blasts will fracture the 
remaining concrete portions of the bridge supports below the waterline. 
The use of explosives and the proximity of the supports 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 and, as such, the safety zone 
will be enforced for approximately two hours on days on which blasts 
will take place.

Discussion of Rule

    The safety zone will extend out from the John's Pass Bascule Bridge 
in a 1,000-foot radius. Vessels and persons not under contract or 
employees of Flatiron 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 a.m. on July 10, 2006 through 7 p.m. on September 
15, 2006. The Coast Guard does not know the exact dates that this 
safety zone will be enforced at this time, although tentative plans are 
for blasts to occur on July 28, 2006 and August 25, 2006. It is 
estimated that the safety zone will be enforced for approximately two 
hours on days on which a blast occurs. 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 Pinellas County Sheriff 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

[[Page 40919]]

of the Captain of the Port 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 John's Pass 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 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 process. Small 
entities may contact the office 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 affect the 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 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.lD 
and Department of Homeland Security Management Division 5100.0, 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 no 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.
    A final ``Environmental Analysis Checklist'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

[[Page 40920]]

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping 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 temporary section 165.T07-089 is added to read as follows:


Sec.  165.T07-089  Safety Zone; John's Pass, Tampa Bay, FL.

    (a) Regulated Area. The Coast Guard is establishing a safety zone 
on the waters of the Gulf of Mexico in the vicinity of the John's Pass 
Bascule Bridge. The safety zone encompasses all waters within a 1,000 
foot radius of the John's Pass Bascule Bridge located at 27[deg]46'58'' 
N, 82[deg]46'57'' W.
    (b) Definitions. The following definitions apply to this section: 
(1) 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 Captain of the Port St. Petersburg, in 
the enforcement of regulated navigation areas and safety and security 
zones.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this Regulated Area 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.
    (d) Enforcement Period. This rule will only be enforced immediately 
preceding and following a detonation within the regulated area. Coast 
Guard Sector St. Petersburg will give notice of the enforcement of the 
regulated area by issuing a Broadcast Notice to Mariners beginning 24 
to 48 hours prior to beginning the operation. On-scene notice will be 
provided by local Coast Guard and local law enforcement marine units 
enforcing the regulated area.
    (e) Dates. This rule is effective from 7 a.m. on July 10, 2006 
through 7 p.m. on September 15, 2006.

    Dated: July 10, 2006.
J. A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port, St Petersburg, Florida.
 [FR Doc. E6-11486 Filed 7-18-06; 8:45 am]
BILLING CODE 4910-15-P