[Federal Register: November 1, 2006 (Volume 71, Number 211)]
[Rules and Regulations]
[Page 64114-64116]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no06-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Sector St. Petersburg 06-195]
RIN 1625-AA00
Safety Zone; Caloosahatchee River, 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 the Caloosahatchee River, Florida in the vicinity of the Cape
Coral Bridge while repair operations are being conducted. This rule is
necessary to ensure the safety of the construction workers and mariners
on the navigable waters of the United States.
DATES: This rule is effective from 6 a.m. on September 18 through 6
p.m. on December 22, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP 06-195] 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: LT Ronaydee Marquez 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 Coast Guard received
notification of the construction only fourteen days prior to the start
of the construction, which was not enough 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 construction 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 a local law enforcement vessel
on scene will advise mariners of the restriction.
Background and Purpose
Kelly Brothers construction was contracted by Lee County Department
of Transportation to replace the fender system on the Cape Coral Bridge
on the Caloosahatchee River. The replacement will include demolition of
the existing fender piles, installation of new fender piles, and
installation of the fender timbers. The replacement will require a tug
and barge to be placed in the navigable channel partially blocking the
channel. The unaffected portion (approximately 45 feet) will remain
unobstructed and open for traffic. The nature of this work and the
close proximity of the 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 encompasses the following waters of the
Caloosahatchee River, Florida: all waters from surface to bottom within
5 feet of the construction barge and accompanying tug that are working
on the bridge fender system during the repair hours of 7 a.m. to 6 p.m.
Monday through Friday. Vessels and persons 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 is effective from 6 a.m. on September 18
through 6 p.m. on December 22, 2006. Enforcement of the zone will be
from 7 a.m. to 6 p.m. every Monday through Friday during the effective
period. On-scene notice will be provided by 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.
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 for a limited amount of time. Moreover, vessels may still
transit the unaffected portion of the channel.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered
[[Page 64115]]
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 near the Cape Coral Bridge from 6 a.m. on September 18 through
6 p.m. on December 22, 2006. The nature of the operation will require
the channel to be partially blocked, however the unaffected portion
(approximately 45 feet) will remain unobstructed and open for traffic.
This safety zone will not have a significant economic impact on a
substantial number of small entities because this rule will be enforced
in a place where marine traffic is expected to be minimal.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding the rule so they can 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.
Small businesses may also 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
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.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
[[Page 64116]]
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; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add a new temporary Sec. 165.T07-195 to read as follows:
Sec. 165.T07-195 Safety Zone; Caloosahatchee River, Florida.
(a) Location. The Coast Guard is establishing a temporary safety
zone on the waters of the Caloosahatchee River, Florida, in the
vicinity of the Cape Coral Bridge, that includes all the waters from
surface to bottom, within a 5 foot radius of the construction barge and
accompanying tug that are working on the bridge fender system.
(b) Definitions. The following definitions apply 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 safety zone without the prior permission of the Captain of
the Port St. Petersburg, Florida, or his designated representative.
(d) Date. This rule is effective from 6 a.m. on September 18, 2006
through 6 p.m. on December 22, 2006 and will be enforced from 7 a.m. to
6 p.m. every Monday through Friday during the effective period.
Dated: September 15, 2006.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg, Florida.
[FR Doc. E6-18333 Filed 10-31-06; 8:45 am]
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