Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Rules and Regulations 51941 

comprehensive or global settlement of 

multiple apparent violations covered by 

other Pre-Penalty Notices, apparent 

violations for which a Pre-Penalty Notice has 

not yet been issued by OFAC, or previously 

unknown apparent violations reported to 

OFAC during the pendency of an 

investigation of an apparent violation. 

Dated: September 2, 2008. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. E8–20704 Filed 9–5–08; 8:45 am] 

BILLING CODE 4811–45–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0290] 

RIN 1625–AA00 

Safety Zone; Gulf of Mexico—Johns 

Pass, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Johns Pass, Florida while 

construction operations are being 

conducted. This rule is necessary to 

ensure the safety of the workers and 

mariners on the navigable waters of the 

United States. No person or vessel may 

anchor, moor, or transit the Regulated 

Area without permission of the Captain 

of the Port St. Petersburg, Florida. 

DATES: This safety zone will be effective 

August 29, 2008 through August 30, 

2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0290 and are 

available online at http:// 

www.regulations.gov. This material is 

also available for inspection or copying 

at two locations: The Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays and Coast 

Guard Sector St Petersburg Prevention 

Department, 155 Columbia Dr., Tampa, 

FL 33606 between 7:30 a.m. and 3:30 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call BM1 Charles Voss at Coast 

Guard Sector St. Petersburg, (813) 228–

2191 Ext 8307. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On May 29, 2008 we published a 

notice of proposed rulemaking (NPRM) 

entitled Safety Zone; Gulf of Mexico—

Johns Pass, FL in the Federal Register, 

73 FR 30868. We did not receive any 

letters commenting on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

Flatiron Construction will be 

performing construction work on the 

new Johns Pass Bridge. This work will 

involve setting girders, installing a new 

fendering system, setting the deck, 

setting overhangs, placing resteel, 

pouring the bridge deck, and wrecking 

the old bridge’s deck. These operations 

will require the closure of the navigable 

channel. The closures will only be for 

limited times, during nighttime hours, 

and scheduled to accommodate the 

local marine traffic. The nature of the 

operation and environment surrounding 

the Johns Pass Bridge presents a danger 

to the workers and mariners transiting 

the area. This proposed safety zone is 

being established to ensure the safety of 

life on the navigable waters of the 

United States. 

Discussion of Comments and Changes 

No comments were received for this 

rule and no changes were made to the 

proposed rule text. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

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. We expect the economic impact 

of this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

The rule will only be enforced during 

a time when vessel traffic is expected to 

be minimal. Moreover, vessels may still 

enter the safety zone with the express 

permission of the Captain of the Port St. 

Petersburg or a 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 would 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 Johns Pass, 

FL. 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 for a limited time when 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 Sector St. 

Petersburg or a designated 

representative. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM, 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 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). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 


pwalker on PROD1PC71 with RULES
51942 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Rules and Regulations 

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 under the 

Instruction 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, and 

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, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 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. A new temporary § 165.T08–0290 is 

added to read as follows: 

§ 165.T08–290 Safety Zone; Gulf of 

Mexico—Johns Pass, Florida. 

(a) Regulated area. The Coast Guard is 

establishing a temporary safety zone on 

the waters of the Gulf of Mexico, 

Florida, in the vicinity of the John’s Pass 

Bridge, that includes all the waters from 

surface to bottom, within a 100-yard 

radius of the following coordinates: 

27°46′58′′ N,082°46′57′′ W. All 

coordinates referenced use datum: NAD 

83. 

(b) Definitions. The following 

definition applies 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 § 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 a designated representative. 

(d) Dates. This rule is effective until 

the bridge construction is completed 

tentatively scheduled for July 2010. 

(e) Enforcement. This regulated area 

will only be enforced 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 publishing the 

restriction in the local notice to 

mariners and issuing Broadcast Notice 

to Mariners 24 to 48 hours prior to the 

start of enforcement. Additionally, onscene notice will be provided by Coast 

Guard or other local law enforcement 

maritime units enforcing the safety 

zone. 


pwalker on PROD1PC71 with RULES
Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Rules and Regulations 51943 

Dated: August 6, 2008. 

T.M. Close, 

Captain, U.S. Coast Guard, Captain of the 

Port, St. Petersburg. 

[FR Doc. E8–20481 Filed 9–5–08; 8:45 am] 

BILLING CODE 4910–15–P 


pwalker on PROD1PC71 with RULES