[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