Safety Zone; Tampa, FL, 20011-20013 [06-3716]

Download as PDF rmajette on PROD1PC67 with RULES1 Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations FOIA Officer shall charge educational and non-commercial scientific institution requesters for document duplication only, except that the first 100 pages of copies shall be provided without charge. (3) News media requesters. The FOIA Officer shall charge news media requesters for document duplication costs only, except that the first 100 pages of paper copies shall be provided without charge. (4) All other requesters. The FOIA Officer shall charge requesters who do not fall into any of the categories in paragraphs (d)(1) through (3) of this section fees which recover the full reasonable direct costs incurred for searching for and reproducing records if that total costs exceeds $15.00, except that the first 100 pages and the first two hours of manual search time shall not be charged. To apply this term to computer searches, the FOIA Officer shall determine the total hourly cost of operating the central processing unit and the operator’s salary (plus 16 percent for benefits). When the cost of the search equals the equivalent dollar amount of two hours of the salary of the person performing the search, the FOIA Officer will begin assessing charges for the computer search. (e) Charges for unsuccessful searches. Ordinarily, no charges will be assessed when requested records are not found or when records located are withheld as exempt. However, if the requester has been notified of the estimated cost of the search time and has been advised specifically that the requested records may not exist or may be withheld as exempt, fees may be charged. (f) Charges for interest. The FOIA Officer may assess interest charges on an unpaid bill, accrued under previous FOIA request(s), starting the 31st day following the day on which the bill was sent to you. A fee received by the FOIA Officer, even if not processed, will result in a stay of the accrual of interest. The Commission shall follow the provisions of the Debt Collection Act of 1982, as amended, and the implementing procedures to recover any indebtedness owed to the Commission. (g) Aggregating requests. The requester or a group of requesters may not submit multiple requests at the same time, each seeking portions of a document or documents solely in order to avoid payment of fees. When the FOIA Officer reasonably believes that a requester is attempting to divide a request into a series of requests to evade an assessment of fees, the FOIA Officer may aggregate such request and charge accordingly. VerDate Aug<31>2005 15:12 Apr 18, 2006 Jkt 208001 (h) Advance payment of fees. Fees may be paid upon provision of the requested records, except that payment may be required prior to that time if the requester has previously failed to pay fees or if the FOIA Officer determines the total fee will exceed $250.00. When payment is required in advance of the processing of a request, the time limits prescribed in § 517.6 shall not be deemed to begin until the FOIA Officer has received payment of the assessed fee. (i) Payment of fees. Where it is anticipated that the cost of providing the requested record will exceed $25.00 after the free duplication and search time has been calculated, and the requester has not indicated in advance a willingness to pay a fee greater than $25.00, the FOIA Officer shall promptly notify the requester of the amount of the anticipated fee or a portion thereof, which can readily be estimated. The notification shall offer the requester an opportunity to confer with agency representatives for the purpose of reformulating the request so as to meet the requester’s needs at a reduced cost. [FR Doc. 06–3712 Filed 4–18–06; 8:45 am] BILLING CODE 7565–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [CGD05–05–130] RIN 1625–AA08 Coast Guard, DHS. ACTION: Temporary final rule; correction. AGENCY: § 100.35–T05–130 [Corrected] 1. On page 12134, in the third column, and on page 12135, in the first column, in § 100.35–T05–130 Chesapeake Bay, near Annapolis, MD, in amendment (2), revise paragraph (a)(2) to read as follows: ‘‘(2) The second segment for the ‘‘Leg 6 Re-Start’’ is a rectangle-shaped area, approximately six nautical miles long and 1.5 nautical miles wide, bounded by a line drawn from a position at latitude, 38°54′21″ N, longitude 076°26′42″ W, thence easterly to a position at latitude 38°53′42″ N, longitude 076°24′48″ W, thence northerly to a position at latitude 38°59′40″ N, longitude 076°21′42″ W, thence westerly to a position at latitude 39°00′05″ N, longitude 076°23′33″ W, thence southerly to a position at latitude 38°54′21″ N, longitude 076°26′42″ W, the point of origin. The spectator areas will be designated around the perimeter of the race course and marked by picket boats and inflatable buoys. No spectators will be allowed within the actual race course. I FOR FURTHER INFORMATION CONTACT: Dennis Sens, Recreational Boating Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard SUMMARY: The Coast Guard published a document in the Federal Register on March 9, 2006 (71 FR 12132), establishing special local regulations during the ‘‘Volvo Ocean Race 2005– 2006’’, sailboat races to be held on the Chesapeake Bay in the vicinity east of Gibson Island, Maryland, and near the William Preston Lane Jr. Memorial (Chesapeake Bay) Bridge. The document contained incorrect coordinates to describe the regulated area. DATES: The correction to this rule is effective April 29, 2006. The rule itself is effective April 29 through May 7, 2006. Fmt 4700 PART 100—[AMENDED] BILLING CODE 4910–15–U Special Local Regulations for Marine Events; Chesapeake Bay; Correction Frm 00027 Safety Specialist, Fifth Coast Guard District, telephone 757–398–6204, Fax 757–398–6203. SUPPLEMENTARY INFORMATION: In FR Doc. 06–2204 appearing on page 12132 in the Federal Register of March 9, 2006, the following correction is made: S.G. Venckus, Chief, Office of Regulations and Administrative Law. [FR Doc. 06–3713 Filed 4–18–06; 8:45 am] 33 CFR Part 100 PO 00000 20011 33 CFR Part 165 [COTP St. Petersburg 06–063] RIN 1625–AA00 Safety Zone; Tampa, FL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone on the waters of Tampa Bay, Florida in the vicinity of the Gandy Bridge, while bridge repairs are made. This rule is necessary to ensure the safety of the construction workers and mariners on the navigable waters of the United States. E:\FR\FM\19APR1.SGM 19APR1 20012 Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations DATES: Discussion of Rule Documents indicated in this preamble as being available in the docket are part of docket [COTP 06–063] 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. The safety zone encompasses the following waters of Tampa Bay, Florida: all waters from surface to bottom, within a 50 yard radius of the following coordinates: 27°53′24″ N, 082°32′36″ W. Vessels are prohibited from anchoring, mooring, or transiting within this zone, unless authorized by the Captain of the Port St. Petersburg or his designated representative. The zone is effective from 2:30 p.m. on March 30, 2006 through 12 a.m. on May 1, 2006. FOR FURTHER INFORMATION CONTACT: Regulatory Evaluation Waterways Management Division at Coast Guard Sector St. Petersburg (813) 228–2191 Ext 8307. 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). We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. The location of this regulated area is expected to have minimal vessel traffic. Moreover, vessels may still enter the safety zone with the express permission of the Captain of the Port St. Petersburg or his designated representative. This rule is effective from 2:30 p.m. on March 30, 2006 through 12 a.m. on May 1, 2006. ADDRESSES: 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 information regarding the damage to the bridge was not received with sufficient 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 to advise mariners of the restriction. rmajette on PROD1PC67 with RULES1 Background and Purpose On March 30, 2006 at approximately 12:20 p.m. local time, the tug CROSBY SKIPPER and an LPG barge collided with the Gandy Bridge. Damage to the bridge included pieces of concrete debris falling into the water. Florida Department of Transportation (FDOT) will need to make emergency repairs to the bridge that will include having divers in the water. The repairs to the bridge will require vessels to be located in the area to effect repairs. The nature of the damage also presents a hazard to mariners transiting under the bridge due to falling debris. This work presents a hazard to the construction workers and mariners transiting the area. This safety zone is being established to ensure the safety of life on the navigable waters of the United States. VerDate Aug<31>2005 15:12 Apr 18, 2006 Jkt 208001 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 near the Gandy Bridge from 2:30 p.m. on March 30, 2006 through 12 a.m. on May 1, 2006. 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 in an area where marine traffic is expected to be minimal. Additionally, PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 traffic will be allowed to enter the zone with the permission of the Captain of the Port St Petersburg or 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. E:\FR\FM\19APR1.SGM 19APR1 Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations 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. rmajette on PROD1PC67 with RULES1 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 VerDate Aug<31>2005 15:12 Apr 18, 2006 Jkt 208001 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, 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. 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. I 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: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191; 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. I 2. A new temporary § 165.T07–063 is added to read as follows: § 165.T07–063 Florida. Safety Zone; Tampa, (a) Regulated area. The Coast Guard is establishing a temporary safety zone on the waters of Tampa Bay, Florida, in the vicinity of the Gandy bridge, that includes all the waters from surface to bottom, within a 50 yard radius of the following coordinates: 27°53′24″ N, 082°32′36″ W. All coordinates referenced use datum: NAD 83. (b) Definitions. The following definitions apply to this section: Designated representative means Coast Guard Patrol Commanders PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 20013 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 his designated representative. (d) Date. This rule is effective from 2:30 p.m. on March 30, 2006 through 12 a.m. on May 1, 2006. Dated: March 30, 2006. J.A. Servidio, Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg, Florida. [FR Doc. 06–3716 Filed 4–18–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD05–06–003] RIN 1625–AA87 Security Zone; Chesapeake Bay, Between Sandy Point and Kent Island, MD Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary security zone on the waters of the Chesapeake Bay. This action is necessary to provide for the security of a large number of participants during the 2006 Bay Bridge Walk across the William P. Lane, Jr. Memorial Bridge between Sandy Point and Kent Island, Maryland. The security zone will allow for control of a designated area of the Chesapeake Bay and safeguard the public at large. DATES: This rule is effective from 7 a.m. to 5 p.m. local time on May 7, 2006. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket CGD05–06–003 and are available for inspection or copying at Coast Guard Sector Baltimore, Waterways Management Division, between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. E:\FR\FM\19APR1.SGM 19APR1

Agencies

[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Rules and Regulations]
[Pages 20011-20013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3716]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP St. Petersburg 06-063]
RIN 1625-AA00


Safety Zone; Tampa, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Tampa Bay, Florida in the vicinity of the Gandy Bridge, while 
bridge repairs are made. This rule is necessary to ensure the safety of 
the construction workers and mariners on the navigable waters of the 
United States.

[[Page 20012]]


DATES: This rule is effective from 2:30 p.m. on March 30, 2006 through 
12 a.m. on May 1, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP 06-063] 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: Waterways Management Division 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 information regarding the 
damage to the bridge was not received with sufficient 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 to advise mariners of the 
restriction.

Background and Purpose

    On March 30, 2006 at approximately 12:20 p.m. local time, the tug 
CROSBY SKIPPER and an LPG barge collided with the Gandy Bridge. Damage 
to the bridge included pieces of concrete debris falling into the 
water. Florida Department of Transportation (FDOT) will need to make 
emergency repairs to the bridge that will include having divers in the 
water. The repairs to the bridge will require vessels to be located in 
the area to effect repairs. The nature of the damage also presents a 
hazard to mariners transiting under the bridge due to falling debris. 
This work presents a hazard to the construction workers and 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 Tampa Bay, 
Florida: all waters from surface to bottom, within a 50 yard radius of 
the following coordinates: 27[deg]53'24'' N, 082[deg]32'36'' W. Vessels 
are prohibited from anchoring, mooring, or transiting within this zone, 
unless authorized by the Captain of the Port St. Petersburg or his 
designated representative. The zone is effective from 2:30 p.m. on 
March 30, 2006 through 12 a.m. on May 1, 2006.

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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. The location of this regulated area is expected 
to have minimal vessel traffic. Moreover, vessels may still enter the 
safety zone with the express permission of the Captain of the Port 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 near the Gandy Bridge from 2:30 p.m. on March 30, 2006 through 
12 a.m. on May 1, 2006. 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 in an area where 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 St Petersburg or 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.

[[Page 20013]]

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, 
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. 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:

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; 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 temporary Sec.  165.T07-063 is added to read as follows:


Sec.  165.T07-063  Safety Zone; Tampa, Florida.

    (a) Regulated area. The Coast Guard is establishing a temporary 
safety zone on the waters of Tampa Bay, Florida, in the vicinity of the 
Gandy bridge, that includes all the waters from surface to bottom, 
within a 50 yard radius of the following coordinates: 
27[deg]53[min]24[sec] N, 082[deg]32[min]36[sec] W. All coordinates 
referenced use datum: NAD 83.
    (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 Regulated Area without the prior permission of the Captain 
of the Port St Petersburg, Florida, or his designated representative.
    (d) Date. This rule is effective from 2:30 p.m. on March 30, 2006 
through 12 a.m. on May 1, 2006.

    Dated: March 30, 2006.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg, 
Florida.
[FR Doc. 06-3716 Filed 4-18-06; 8:45 am]
BILLING CODE 4910-15-P