Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations 18585 

■ 4. Revise § 250.223 to read as follows: 

§ 250.223 What mitigation measures 

information must accompany the EP? 

(a) If you propose to use any measures 

beyond those required by the 

regulations in this part to minimize or 

mitigate environmental impacts from 

your proposed exploration activities, a 

description of the measures you will use 

must accompany your EP. 

(b) If there is reason to believe that 

protected species may be incidentally 

taken by planned exploration activities, 

you must include mitigation measures 

designed to avoid or minimize the 

incidental take of: 

(1) Threatened and endangered 

species listed under the ESA and 

(2) Marine mammals, as appropriate, 

if you have not already received 

authorization for incidental take as may 

be necessary under the MMPA. 

■ 5. Revise paragraphs (a)(3) and (c)(1) 

in § 250.227 to read as follows: 

§ 250.227 What environmental impact 

analysis (EIA) information must accompany 

the EP? 

* * * * * 

(a) * * * 

(3) Be as detailed as necessary to 

assist the Regional Supervisor in 

complying with the National 

Environmental Policy Act (NEPA) of 

1969 (42 U.S.C. 4321 et seq.) and other 

relevant Federal laws such as the ESA 

and the MMPA. 

* * * * * 

(c) * * * 

(1) Analyze the potential direct and 

indirect impacts (including those from 

accidents, cooling water intake 

structures, and those identified in 

relevant ESA biological opinions such 

as, but not limited to, those from noise, 

vessel collisions, and marine trash and 

debris) that your proposed exploration 

activities will have on the identified 

resources, conditions, and activities; 

* * * * * 

■ 6. Revise § 250.247 (a) to read as 

follows: 

§ 250.247 What biological, physical, and 

socioeconomic information must 

accompany the DPP or DOCD? 

* * * * * 

(a) Biological environment reports. 

Site-specific information on 

chemosynthetic communities, federally 

listed threatened or endangered species, 

marine mammals protected under the 

MMPA, sensitive underwater features, 

marine sanctuaries, critical habitat 

designated under the ESA, or other 

areas of biological concern. 

* * * * * 

■ 7. In § 250.252, redesignate paragraph 

(b) as paragraph (c) and add paragraph 

(b) to read as follows: 

§ 250.252 What environmental monitoring 

information must accompany the DPP or 

DOCD? 

* * * * * 

(b) Incidental takes. If there is reason 

to believe that protected species may be 

incidentally taken by planned 

development and production activities, 

you must describe how you will 

monitor for incidental take of: 

(1) Threatened and endangered 

species listed under the ESA and 

(2) Marine mammals, as appropriate, 

if you have not already received 

authorization for incidental take of 

marine mammals as may be necessary 

under the MMPA. 

* * * * * 

■ 8. Revise § 250.254 to read as follows: 

§ 250.254 What mitigation measures 

information must accompany the DPP or 

DOCD? 

(a) If you propose to use any measures 

beyond those required by the 

regulations in this part to minimize or 

mitigate environmental impacts from 

your proposed development and 

production activities, a description of 

the measures you will use must 

accompany your DPP or DOCD. 

(b) If there is reason to believe that 

protected species may be incidentally 

taken by planned development and 

production activities, you must include 

mitigation measures designed to avoid 

or minimize that incidental take of: 

(1) Threatened and endangered 

species listed under the ESA and 

(2) Marine mammals, as appropriate, 

if you have not already received 

authorization for incidental take as may 

be necessary under the MMPA. 

■ 9. Revise paragraphs (a)(3) and (c)(1) 

in § 250.261 to read as follows: 

§ 250.261 What environmental impact 

analysis (EIA) information must accompany 

the DPP or DOCD? 

* * * * * 

(a) * * * 

(3) Be as detailed as necessary to 

assist the Regional Supervisor in 

complying with the NEPA of 1969 (42 

U.S.C. 4321 et seq.) and other relevant 

Federal laws such as the ESA and the 

MMPA. 

* * * * * 

(c) * * * 

(1) Analyze the potential direct and 

indirect impacts (including those from 

accidents, cooling water intake 

structures, and those identified in 

relevant ESA biological opinions such 

as, but not limited to, those from noise, 

vessel collisions, and marine trash and 

debris) that your proposed development 

and production activities will have on 

the identified resources, conditions, and 

activities; 

* * * * * 

■ 10. Revise paragraph (a)(1)(i) of 

§ 250.270 to read as follows: 

§ 250.270 What decisions will MMS make 

on the DPP or DOCD and within what 

timeframe? 

(a) Timeframe. * * * 

(1) * * * 

(i) The comment period provided in 

§ 250.267(a)(1), (a)(2), and (b) closes; 

* * * * * 

■ 11. Revise the introductory paragraph 

in § 250.282 to read as follows: 

§ 250.282 Do I have to conduct postapproval monitoring? 

After approving your EP, DPP, or 

DOCD, the Regional Supervisor may 

direct you to conduct monitoring 

programs, including monitoring in 

accordance with the ESA and the 

MMPA. You must retain copies of all 

monitoring data obtained or derived 

from your monitoring programs and 

make them available to the MMS upon 

request. The Regional Supervisor may 

require you to: 

* * * * * 

[FR Doc. E7–7028 Filed 4–12–07; 8:45 am] 

BILLING CODE 4310–MR–P 

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. 

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 


cprice-sewell on PRODPC61 with RULES
18586 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations 

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°46′15′′ N, 82°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. 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations 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. 

■ 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 

■ 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. 

■ 2. Add temporary § 165.T07–048 to 

read as follows: 

§ 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°46′15′′ N, 

82°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 § 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

for the listed communities prior to this 

date. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Engineering 

Management Section, Mitigation 

Division, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below of the modified BFEs for 

each community listed. These modified 


cprice-sewell on PRODPC61 with RULES