[Federal Register: April 19, 2006 (Volume 71, Number 75)]
[Rules and Regulations]
[Page 20011-20013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap06-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP St. Petersburg 06-063]
RIN 1625-AA00
Safety Zone; Tampa, 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 Gandy Bridge, while
bridge repairs are made. This rule is necessary to ensure the safety of
the construction workers and mariners on the navigable waters of the
United States.
[[Page 20012]]
DATES: This rule is effective from 2:30 p.m. on March 30, 2006 through
12 a.m. on May 1, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP 06-063] 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 information regarding the
damage to the bridge was not received 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 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 to advise mariners of the
restriction.
Background and Purpose
On March 30, 2006 at approximately 12:20 p.m. local time, the tug
CROSBY SKIPPER and an LPG barge collided with the Gandy Bridge. Damage
to the bridge included pieces of concrete debris falling into the
water. Florida Department of Transportation (FDOT) will need to make
emergency repairs to the bridge that will include having divers in the
water. The repairs to the bridge will require vessels to be located in
the area to effect repairs. The nature of the damage also presents a
hazard to mariners transiting under the bridge due to falling debris.
This work presents a hazard to the construction workers and 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 Tampa Bay,
Florida: all waters from surface to bottom, within a 50 yard radius of
the following coordinates: 27[deg]53'24'' N, 082[deg]32'36'' W. Vessels
are prohibited from anchoring, mooring, or transiting within this zone,
unless authorized by the Captain of the Port St. Petersburg or his
designated representative. The zone is effective from 2:30 p.m. on
March 30, 2006 through 12 a.m. on May 1, 2006.
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 location of this regulated area is expected
to have minimal vessel traffic. Moreover, vessels may still enter the
safety zone with the express permission 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 near the Gandy Bridge from 2:30 p.m. on March 30, 2006 through
12 a.m. on May 1, 2006. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
following reasons. This rule will be enforced in an area where marine
traffic is expected to be minimal. Additionally, traffic will be
allowed to enter the zone with the permission of the Captain of the
Port 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 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.
[[Page 20013]]
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,
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 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. A new temporary Sec. 165.T07-063 is added to read as follows:
Sec. 165.T07-063 Safety Zone; Tampa, Florida.
(a) Regulated area. The Coast Guard is establishing a temporary
safety zone on the waters of Tampa Bay, Florida, in the vicinity of the
Gandy bridge, that includes all the waters from surface to bottom,
within a 50 yard radius of the following coordinates:
27[deg]53[min]24[sec] N, 082[deg]32[min]36[sec] 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 (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 Regulated Area without the prior permission of the Captain
of the Port St Petersburg, Florida, or his designated representative.
(d) Date. This rule is effective from 2:30 p.m. on March 30, 2006
through 12 a.m. on May 1, 2006.
Dated: March 30, 2006.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg,
Florida.
[FR Doc. 06-3716 Filed 4-18-06; 8:45 am]
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