[Federal Register: October 26, 2005 (Volume 70, Number 206)]
[Rules and Regulations]
[Page 61739-61741]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc05-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP St. Petersburg 05-120]
RIN 1625-AA00
Safety Zone Regulation; Tampa Bay, 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 Clearwater
Memorial bascule bridge. This safety zone is being established to
protect mariners from the hazards associated with the blasting
demolition of the concrete portions of the Clearwater Memorial bascule
bridge. This rule is necessary to provide for the safety of life on the
navigable waters of the United States.
DATES: This rule is effective from 9:30 a.m. on October 4, 2005 through
2 p.m. on November 8, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP St. Petersburg 05-120] 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 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Junior Grade Jennifer
Andrew at Coast Guard Sector St. Petersburg, Prevention Department,
(813) 228-2191 Ext 8203.
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 necessary details for the
blasting demolition of the Clearwater Memorial bascule bridge were not
provided with sufficient time remaining to publish an NPRM. Publishing
a NPRM and delaying its effective date would be contrary to the public
interest since immediate action is needed to minimize potential danger
to the public during the blasting demolition of the Clearwater Memorial
bascule bridge. The Coast Guard will issue a broadcast notice to
mariners to advise mariners of the restriction along with Coast Guard
assets on scene who will also provide notice of the safety zone to
mariners.
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.
Background and Purpose
PCL construction was contracted to build a fixed bridge to replace
the Clearwater Memorial Causeway Bridge and remove the existing bridge.
The fixed bridge was completed early September and the removal of the
bascule bridge was commenced on September 12, 2005. On September 13,
2005 PCL contacted Coast Guard Sector St. Petersburg Prevention
Department to discuss blasting the large concrete portions of the
bascule bridge directly adjacent to the navigation channel along with
the concrete counterweights for the metal bridge leafs. PCL will
conduct two separate blasts on two different days to break up the
concrete into smaller sections for removal. The first blast will be
conducted tentatively on October 5, 2005, at approximately 7:30 a.m.
This first blast will fracture the main concrete vertical portions
adjacent to the channel from the top to three feet above the waterline.
The second blast will be conducted tentatively on October 26, 2005, at
approximately 7:30 a.m. This second and final blast will fracture the
remaining three feet and the 16 feet of bridge below the waterline. The
use of explosives and the proximity of the concrete bridge structure to
the navigable channel present a hazard to 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 will extend out from the Clearwater Memorial
Causeway bascule Bridge in a 1,000 foot radius. Vessels and persons not
under contract or employees of PCL are prohibited from entering,
anchoring or transiting within this zone unless authorized by the
Captain of the Port St. Petersburg or his designated representative.
This safety zone is effective from 7:30 a.m. on October 4, 2005,
through 2 p.m. on November 8, 2005. The Coast Guard does not know the
exact dates that this safety zone will be enforced at this time. Coast
Guard Sector St. Petersburg will give notice of the enforcement of the
safety zone by issuing a Broadcast Notice to Mariners beginning 24 to
48 hours before the blasting is scheduled to begin. On-scene notice
will be provided by local Coast Guard and Pinellas
[[Page 61740]]
County Sheriff marine units enforcing the safety zone.
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. The Coast Guard expects the economic
impact of this proposal to be so minimal that a full Regulatory
Evaluation under the regulatory policies and procedures of DHS is
unnecessary because the safety zone will be in effect for a limited
period of time and vessels may enter with the express permission of the
Captain of the Port of 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 1,000 foot radius from the Clearwater Memorial
Causeway bascule Bridge. 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 in a location where
traffic is minimal and for a limited time when vessel traffic is
expected to be extremely low. Additionally, traffic will be allowed to
enter the zone with the permission of the Captain of the Port 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.
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,
[[Page 61741]]
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.
This rule is a safety zone and therefore fits the category
described in paragraph (34)(g). An ``Environmental Analysis Check
List'' and a ``Categorical Exclusion Determination'' are not required
for this rule.
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, 195; 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 section 165.T07-120 is added to read as follows:
Sec. 165.T07-120 Safety zone; Tampa Bay, Florida.
(a) Regulated Area. The Coast Guard is establishing a safety zone
on the waters of the Intracoastal Waterway in the vicinity of the
Clearwater Memorial Bascule bridge. The safety zone encompasses all
waters within a 1,000 foot radius of the Clearwater Memorial Bascule
bridge located at 27[deg]58'00'' N, 82[deg]48'17'' W.
(b) 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 St Petersburg or his designated
representative.
(c) Effective Period. This Safety Zone is effective from 7:30 a.m.
on October 4, 2005 through 2 p.m. on November 8, 2005 and will be
enforced when a Coast Guard and/or Pinellas County Sheriff marine unit
is on scene.
Dated: October 4, 2005.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port, St Petersburg, Florida.
[FR Doc. 05-21396 Filed 10-25-05; 8:45 am]
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