[Federal Register: January 19, 2006 (Volume 71, Number 12)]
[Rules and Regulations]
[Page 3003-3005]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja06-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP St. Petersburg 05-163]
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 Treasure Island
Causeway 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 Treasure Island 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 7:30 a.m. on January 9, 2006 through
6 p.m. March 10, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP St. Petersburg 05-163] 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, Prevention Department, (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 necessary details for the
blasting demolition of the Treasure Island Causeway bascule bridge were
not provided with sufficient time remaining 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 public during the event. 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
Johnson Brothers Corporation was contracted to replace the middle
span bridge, bascule portion on the Treasure Island Causeway. In order
to complete the demolition of the existing bridge, Johnson Brothers
will conduct a total of six blasts on three different days to break up
the concrete into smaller sections for removal. The three days are
tentatively scheduled for 7:30 a.m. on January 11, 2006, January 24,
2006, and February 7, 2006. Each day there will be two blasts
approximately one hour apart. The first day of blasts will be to remove
the concrete counterbalances. The second and third days will be to
remove the West and East side concrete main leaf structures
respectively. 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 Treasure Island Causeway
bascule Bridge in a 1,000 foot radius. Vessels and persons not under
contract or employees of Johnson Brothers 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 January 9, 2006 through
6 p.m. on March 6, 2006. 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 local law enforcement 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). 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 Treasure Island 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 (Public Law 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
[[Page 3004]]
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 it 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 M16475.1D,
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 not 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.T07-163 is added to read as follows:
Sec. 165.T07-163 Safety zone: Treasure Island Causeway, 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
Treasure Island Causeway Bascule bridge. The safety zone encompasses
all waters within a 1,000 foot radius of the Treasure Island Bascule
bridge located at 27[deg]46'15'' N, 82[deg]45'12'' W. This safety zone
will be activated only on days when blasting is scheduled on the bridge
during the effective period identified in paragraph (c) of this
section.
(b) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this safety zone 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 January 9, 2006 through 6 p.m. on March 10, 2006.
(d) Notice of Enforcement. Coast Guard Sector St. Petersburg will
give
[[Page 3005]]
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 local law enforcement marine units enforcing the safety zone.
Dated: January 5, 2006.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg,
Florida.
[FR Doc. 06-496 Filed 1-18-06; 8:45 am]
BILLING CODE 4910-15-M