[Federal Register Volume 71, Number 211 (Wednesday, November 1, 2006)]
[Rules and Regulations]
[Pages 64116-64118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18392]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP St. Petersburg 06-219]
RIN 1625-AA00


Safety Zone; Sanibel Island Bridge Span A, Ft. Myers Beach, 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 San Carlos Bay, Florida in the vicinity of the Sanibel Island 
Bridge span ``A'' while bridge construction is 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 October 16, 2006 through 9 
p.m. on March 31, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP 06-219] 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 (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 bridge contractor did not 
provide the information about the bridge construction with sufficient 
time to publish an NPRM. The Coast Guard did not receive the scope of 
work for the remaining construction until September 28, 2006 at a 
meeting held with the contractors. Publishing an NPRM would have been 
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 
also 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 local law enforcement 
vessels will be in the vicinity of this zone to advise mariners of the 
restriction.

Background and Purpose

    Boh Brothers Construction will be performing construction work on 
the Sanibel Island Bridge between October 2006 and March 2007. This 
work will involve setting girders, setting the deck, setting overhangs, 
placing resteel, pouring the bridge deck, and wrecking the old bridge's 
deck on the Sanibel Island Bridge span ``A''. These operations will 
require placing a barge in the navigational channel. 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 San Carlos Bay, 
Florida: All waters from surface to bottom, within a 400 foot radius of 
the following coordinates: 26[deg]28'59'' N, 082[deg]00'52'' W. Vessels 
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.
    This rule is effective from 6 a.m. on October 16, 2006 through 9 
p.m. on March 31, 2007. However, the safety zone will only be enforced 
from 6 a.m. until 9 p.m. daily on certain dates during that time while 
construction operations are occurring. The Coast Guard does not know 
the exact dates of the construction operations at this time, but Coast 
Guard Sector St. Petersburg will give notice of the enforcement of the 
safety zone by issuing Broadcast Notice to Mariners 24 to 48 hours 
prior to the start of enforcement. On-Scene notice will be provided by 
Coast Guard or other local law enforcement maritime units enforcing the 
safety zone as designated representatives of Captain of the Port Sector 
St. Petersburg.

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.

[[Page 64117]]

    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. This rule will only be 
enforced when vessel traffic is expected to be minimal, and traffic 
will be allowed to enter the zone with the permission of the Captain of 
the Port Sector St. Petersburg or 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 near the Sanibel Island Bridge span ``A'' from 6 a.m. on 
October 16, 2006 through 9 p.m. on March 31, 2007. 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 when vessel traffic is expected to be minimal, and traffic 
will be allowed to enter the zone with the permission of the Captain of 
the Port Sector St. Petersburg or designated representative.

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 that they can 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. 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.

[[Page 64118]]

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. Add temporary Sec.  165.T07-219 to read as follows:


Sec.  165.T07--219  Safety Zone; Ft. Myers Beach, Florida.

    (a) Location. The Coast Guard is establishing a temporary safety 
zone on the waters of San Carlos Bay, Florida, in the vicinity of the 
Sanibel Island Bridge span ``A''. This safety zone includes all waters 
from surface to bottom, within a 400 foot radius extending from the 
center portion of span ``A'' at the following coordinates: 
26[deg]28'59'' N, 082[deg]00'52'' W. All coordinates referenced use 
datum: NAD 83.
    (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 Sector 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 Regulated Area without the prior permission of the Captain 
of the Port Sector St. Petersburg, Florida, or his designated 
representative.
    (d) Dates. This rule is effective from 6 a.m. on October 16, 2006 
through 9 p.m. on March 31, 2007.
    (e) Enforcement period. This regulated area will only be enforced 
during specific periods between the dates specified in paragraph (d), 
while construction operations are taking place. The Coast Guard does 
not know the exact dates of the construction operations at this time, 
however Sector St. Petersburg will announce each enforcement period by 
issuing Broadcast Notice to Mariners 24 to 48 hours prior to the start 
of enforcement. Additionally, on-scene notice will be provided by Coast 
Guard or other local law enforcement maritime units enforcing the 
safety zone.

    Dated: October 16, 2006.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg, 
Florida.
 [FR Doc. E6-18392 Filed 10-31-06; 8:45 am]
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