[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Rules and Regulations]
[Pages 18585-18587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7073]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Sector St. Petersburg 07-048]
RIN 1625-AA00
Safety Zone; Intracoastal Waterway, Treasure Island, 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 Intracoastal Waterway at Treasure Island, Florida, in the
vicinity of the Treasure Island Causeway Bascule Bridge, while the
bridge leaf sections are installed. This rule is necessary to ensure
the safety of the workers and mariners on the navigable waters of the
United States.
DATES: This rule is effective from 8 a.m. on March 21 through 6 p.m. on
April 18, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the
[[Page 18586]]
docket are part of docket [COTP 07-048] 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 (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 information for the
installation was not given with sufficient 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 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 will place Coast Guard or
local law enforcement vessels in the vicinity of this zone to advise
mariners of the restriction.
Background and Purpose
Johnson Brothers will be installing the tip sections of the east
and west leafs on the Treasure Island Causeway Bridge. In order to
install the tip sections, a crane barge will need to be placed in the
center of the channel to hoist the tip sections and hold them in place
while they are fasted to the bridge leafs. The nature of the
installation and environment surrounding the Treasure Island Causeway
Bridge presents a danger to the workers and mariners transiting the
area. The installation will be conducted between 8 a.m. and 6 p.m. on
March 21 and April 18, 2007.
Discussion of Rule
The safety zone encompasses the following waters of the
Intracoastal Waterway, Florida: all waters from surface to bottom,
within a 200 foot radius of the following coordinates: 27[deg]46'15''
N, 82[deg]45'12'' 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. The zone
will be enforced from 8 a.m. until 6 p.m. on March 21, and April 18,
2007.
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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. The rule will only be enforced for a limited
time in a location where marine traffic is minimal. Moreover, vessels
may still enter the safety zone with the express permission of the
Captain of the Port Sector 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 200 foot radius from the Treasure Island Causeway
Bascule Bridge on March 21 and April 18, 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 for
a limited time in a location where marine traffic is minimal.
Additionally, traffic will be allowed to enter the zone with the
permission of the Captain of the Port Sector St. Petersburg or his
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 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 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.
[[Page 18587]]
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:
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; 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.T07-048 to read as follows:
Sec. 165.T07-048 Safety Zone; Intracoastal Waterway, Treasure Island,
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 200 foot radius of the Treasure Island Bascule
bridge located at 27[deg]46'15'' N, 82[deg]45'12'' W.
(b) Definitions. As used in this section Designated representative
means a Coast Guard Patrol Commander, 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 of Miami in restricting vessels and persons from
entering the temporary safety zone.
(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 Sector St. Petersburg or his designated
representative.
(d) Enforcement Period. The regulated area will only be enforced
from 8 a.m. until 6 p.m. on March 21 and April 18, 2007.
(e) Effective Dates. This regulation is effective from 8 a.m. on
March 21 through 6 p.m. on April 18, 2007.
Dated: March 20, 2007.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg,
Florida.
[FR Doc. E7-7073 Filed 4-12-07; 8:45 am]
BILLING CODE 4910-15-P