[Federal Register Volume 73, Number 174 (Monday, September 8, 2008)]
[Rules and Regulations]
[Pages 51941-51943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20481]


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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.

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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

[[Page 51942]]

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.

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, 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.

0
2. A new temporary Sec.  165.T08-0290 is added to read as follows:


Sec.  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[deg]46[min]58[sec] N,082[deg]46[min]57[sec] 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 
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 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, on-scene notice will be provided by Coast 
Guard or other local law enforcement maritime units enforcing the 
safety zone.


[[Page 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]
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