[Federal Register Volume 71, Number 211 (Wednesday, November 1, 2006)]
[Rules and Regulations]
[Pages 64114-64116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18333]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Sector St. Petersburg 06-195]
RIN 1625-AA00


Safety Zone; Caloosahatchee River, 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 the Caloosahatchee River, Florida in the vicinity of the Cape 
Coral Bridge while repair operations are being conducted. This rule is 
necessary to ensure the safety of the construction workers and mariners 
on the navigable waters of the United States.

DATES: This rule is effective from 6 a.m. on September 18 through 6 
p.m. on December 22, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP 06-195] 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: LT Ronaydee Marquez at Coast Guard 
Sector St. Petersburg (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 Coast Guard received 
notification of the construction only fourteen days prior to the start 
of the construction, which was not enough time 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 construction workers and mariners transiting 
the area. The Coast Guard will issue a broadcast notice to mariners to 
advise mariners of the restriction.
    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. The Coast Guard will 
issue a broadcast notice to mariners and a local law enforcement vessel 
on scene will advise mariners of the restriction.

Background and Purpose

    Kelly Brothers construction was contracted by Lee County Department 
of Transportation to replace the fender system on the Cape Coral Bridge 
on the Caloosahatchee River. The replacement will include demolition of 
the existing fender piles, installation of new fender piles, and 
installation of the fender timbers. The replacement will require a tug 
and barge to be placed in the navigable channel partially blocking the 
channel. The unaffected portion (approximately 45 feet) will remain 
unobstructed and open for traffic. The nature of this work and the 
close proximity of the 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 encompasses the following waters of the 
Caloosahatchee River, Florida: all waters from surface to bottom within 
5 feet of the construction barge and accompanying tug that are working 
on the bridge fender system during the repair hours of 7 a.m. to 6 p.m. 
Monday through Friday. Vessels and persons are prohibited from 
anchoring, mooring, or transiting within this zone, unless authorized 
by the Captain of the Port Sector St. Petersburg or his designated 
representative. The zone is effective from 6 a.m. on September 18 
through 6 p.m. on December 22, 2006. Enforcement of the zone will be 
from 7 a.m. to 6 p.m. every Monday through Friday during the effective 
period. On-scene notice will be provided by 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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. The rule will only be 
enforced for a limited amount of time. Moreover, vessels may still 
transit the unaffected portion of the channel.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered

[[Page 64115]]

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 near the Cape Coral Bridge from 6 a.m. on September 18 through 
6 p.m. on December 22, 2006. The nature of the operation will require 
the channel to be partially blocked, however the unaffected portion 
(approximately 45 feet) will remain unobstructed and open for traffic. 
This safety zone will not have a significant economic impact on a 
substantial number of small entities because this rule will be enforced 
in a place where marine traffic is expected to be minimal.

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 the rule so they can better evaluate its 
effects on them and participate in the rulemaking process. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking.
    Small businesses may also 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 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 Directive 5100.1, which 
guide 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 Check List'' and a 
final ``Categorical Exclusion Determination'' are available in the 
docket where indicated under ADDRESSES.

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:

[[Page 64116]]

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; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add a new temporary Sec.  165.T07-195 to read as follows:


Sec.  165.T07-195  Safety Zone; Caloosahatchee River, Florida.

    (a) Location. The Coast Guard is establishing a temporary safety 
zone on the waters of the Caloosahatchee River, Florida, in the 
vicinity of the Cape Coral Bridge, that includes all the waters from 
surface to bottom, within a 5 foot radius of the construction barge and 
accompanying tug that are working on the bridge fender system.
    (b) Definitions. The following definitions apply to this section:
    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 (COTP) St. 
Petersburg, Florida, 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, no person or vessel may anchor, moor or 
transit the safety zone without the prior permission of the Captain of 
the Port St. Petersburg, Florida, or his designated representative.
    (d) Date. This rule is effective from 6 a.m. on September 18, 2006 
through 6 p.m. on December 22, 2006 and will be enforced from 7 a.m. to 
6 p.m. every Monday through Friday during the effective period.

    Dated: September 15, 2006.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg, Florida.
 [FR Doc. E6-18333 Filed 10-31-06; 8:45 am]
BILLING CODE 4910-15-P