Safety Zone; San Carlos Bay, FL, 26230-26232 [06-4189]
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Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Rules and Regulations
order to ensure the safety of
participants, spectators and transiting
vessels, 33 CFR 100.530 will be
enforced for the duration of the event.
Under provisions of 33 CFR 100.530,
from 9:30 a.m. to 6:30 p.m. on August
5 and 6, 2006, vessels may not enter the
regulated area without permission from
the Coast Guard Patrol Commander.
Spectator vessels may anchor outside
the regulated area but may not block a
navigable channel. Because these
restrictions will be in effect for a limited
period, they should not result in a
significant disruption of maritime
traffic.
In addition to this notice, the
maritime community will be provided
extensive advance notification via the
Local Notice to Mariners, and marine
information broadcasts so mariners can
adjust their plans accordingly.
Dated: April 14, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 06–4203 Filed 5–3–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP St. Petersburg 06–066]
RIN 1625–AA00
Safety Zone; San Carlos Bay, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the waters of San Carlos Bay, Florida in
the vicinity of the Sanibel Island Bridge
span ‘‘A’’ while bridge construction is
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 5 a.m.
on April 12 through 4 p.m. on May 10,
2006.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket [COTP 06–066]
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
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15:18 May 03, 2006
Jkt 208001
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 for the bridge construction
was not given 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 and will place Coast
Guard or local law enforcement vessels
in the vicinity of this zone to advise
mariners of the restriction.
Background and Purpose
Boh Brothers Construction will be
pouring concrete for the new bridge
columns on the west side of Sanibel
Island Bridge ‘‘A’’ span. The concrete
pour will take place in two phases on
two different days. The first phase will
consist of pouring the bottom half of the
columns. Phase one is scheduled to take
place on April 12, 2006, from 5 a.m.
until 4 p.m. Phase two will involve
pouring the top half of the columns.
Phase two is tentatively scheduled to
occur on April 27, from 5 a.m. until 4
p.m. The operation will require a 50 foot
by 120 foot barge to be positioned in the
center of the channel along with a tug
and working skiffs. 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 San Carlos Bay,
Florida: All waters from surface to
bottom, within a 400 foot radius of the
following coordinates: 26°28′59″N,
082°00′52″W. Vessels and persons 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
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from 5 a.m. on April 12 through 4 p.m.
on May 10, 2006. The aforementioned
safety zone enforcement dates may
change due to environmental factors.
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 prior to beginning the operation.
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).
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 rule will only
be enforced for a limited amount of
time. 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
Sanibel Island Bridge span ‘‘A’’ from 5
a.m. on April 12 through 4 p.m. on May
10, 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 for a limited time when marine
traffic is expected to be minimal.
Additionally, traffic will be allowed to
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Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Rules and Regulations
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.
mstockstill on PROD1PC68 with RULES
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.
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15:18 May 03, 2006
Jkt 208001
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
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26231
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
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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
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 section 165.T07–
066 is added to read as follows:
§ 165.T07–066 Safety Zone; Ft. Myers
Beach, Florida.
(a) Regulated area. The Coast Guard is
establishing a temporary safety zone on
the waters of San Carlos Bay, Florida, in
the vicinity of the Sanibel Island Bridge
span ‘‘A’’, that includes all the waters
from surface to bottom, within a 400
foot radius of the following coordinates:
26°28′59″ N, 082°00′52″ W. All
coordinates referenced use datum: NAD
83.
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Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Rules and Regulations
(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 § 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 5
a.m. on April 12 through 4 p.m. on May
10, 2006 and will be enforced when
concrete pouring operations are taking
place.
Dated: April 12, 2006.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the
Port St. Petersburg, Florida.
[FR Doc. 06–4189 Filed 5–3–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024–AD21
Gulf Islands National Seashore,
Personal Watercraft Use
National Park Service, Interior.
Final rule.
AGENCY:
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ACTION:
SUMMARY: This final rule designates
areas where personal watercraft (PWC)
may be used in Gulf Islands National
Seashore, Florida and Mississippi. This
final rule implements the provisions of
the National Park Service (NPS) general
regulations authorizing parks to allow
the use of PWC by promulgating a
special regulation. Individual parks
must determine whether PWC use is
appropriate for a specific park area
based on an evaluation of that area’s
enabling legislation, resources and
values, other visitor uses, and overall
management objectives.
DATES: Effective Date: This rule is
effective May 4, 2006.
ADDRESSES: Mail inquiries to
Superintendent, Gulf Islands National
Seashore, 1801 Gulf Breeze Parkway,
Gulf Breeze, FL 32563. E-mail:
Jerry_Eubanks@nps.gov, 850–934–2604.
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Jerry
Case, Regulations Program Manager,
National Park Service, 1849 C Street,
NW., Room 7241, Washington, DC
20240. Phone: (202) 208–4206. E-mail:
jerry_case@nps.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
Personal Watercraft Regulation
On March 21, 2000, the National Park
Service published a regulation (36 CFR
3.24) on the management of personal
watercraft (PWC) use within all units of
the national park system (65 FR 15077).
This regulation prohibits PWC use in all
national park units unless the NPS
determines that this type of water-based
recreational activity is appropriate for
the specific park unit based on the
legislation establishing that park, the
park’s resources and values, other
visitor uses of the area, and overall
management objectives. The regulation
banned PWC use in all park units
effective April 20, 2000, except for 21
parks, lakeshores, seashores, and
recreation areas. The regulation
established a 2-year grace period
following the final rule publication to
provide these 21 park units time to
consider whether PWC use should be
permitted to continue.
Description of Gulf Islands National
Seashore
Gulf Islands National Seashore is
located in the northeastern portion of
the Gulf of Mexico and includes a
widely spaced chain of barrier islands
extending nearly 160 miles from the
eastern end of Santa Rosa Island in
Florida to Cat Island in Mississippi.
Other islands in the national seashore
include Horn, Petit Bois, and East Ship
and West Ship islands in Mississippi
and a section of Perdido Key in Florida.
Gulf Islands National Seashore also
includes mainland tracts at Pensacola
Forts and Naval Live Oaks Reservation
near Pensacola, Florida, and Davis
Bayou, adjacent to Ocean Springs,
Mississippi. The national seashore
contains 139,775.46 acres within the
authorized boundary, excluding Cat
Island (only a portion has been acquired
as of this date). Of this total acreage,
19,445.46 acres are fastlands (above
water) and 119,730 acres are submerged
lands.
Gulf Islands National Seashore
contains snowy-white beaches,
sparkling blue waters, fertile coastal
marshes, and dense maritime forests.
Visitors can explore 19th century forts,
enjoy shaded picnic areas, hike on
winding nature trails, and camp in
comfortable campgrounds. In addition,
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Horn and Petit Bois islands located in
Mississippi are federally designated
wilderness areas. Nature, history, and
recreational opportunities abound in
this national treasure. All areas of Gulf
Islands National Seashore in the Florida
District and the Davis Bayou area in the
Mississippi District are reachable from
Interstate 10. The Mississippi District
barrier islands are only accessible by
boat.
Purpose of Gulf Islands National
Seashore
Gulf Islands National Seashore,
Florida and Mississippi, was authorized
by Act of Congress, Public Law 91–660,
January 8, 1971, to provide for
recognition of certain historic values
such as coastal fortifications and other
purposes such as the preservation and
enjoyment of undeveloped barrier
islands and beaches.
Gulf Islands National Seashore
conserves certain outstanding natural,
cultural and recreational resources
along the Northern Gulf Coast of Florida
and Mississippi. These include several
coastal defense forts spanning more
than two centuries of military activity,
historic and prehistoric archaeological
sites, and pristine examples of intact
Mississippi coastal barrier islands, salt
marshes, bayous, submerged grass beds,
complex terrestrial communities,
emerald green water, and white sand
beaches.
Gulf Islands National Seashore was
established for the following purposes:
• Preserve for public use and
enjoyment certain areas possessing
outstanding natural, historic, and
recreational values.
• Conserve and manage the wildlife
and natural resources.
• Preserve as wilderness any area
within the national seashore found to be
suitable and so designated in
accordance with the provisions of the
Wilderness Act (78 Stat. 890).
• Recognize, preserve, and interpret
the national historic significance of Fort
Barrancas Water Battery (Battery San
Antonio), Fort Barrancas; Advanced
Redoubt of Fort Barrancas at Pensacola
Naval Station; Fort Pickens on Santa
Rosa Island, Florida; Fort McRee site,
Perdido Key, Florida; and Fort
Massachusetts on West Ship Island,
Mississippi, in accordance with the Act
of August 21, 1935 (49 Stat. 666). That
act states: ‘‘It is a National policy to
preserve for public use historic sites,
buildings, and objects of National
significance for inspiration and benefits
of the people of the United States.’’
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]]>Agencies
[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Rules and Regulations]
[Pages 26230-26232]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4189]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP St. Petersburg 06-066]
RIN 1625-AA00
Safety Zone; San Carlos Bay, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of San Carlos Bay, Florida in the vicinity of the Sanibel Island
Bridge span ``A'' while bridge construction is 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 5 a.m. on April 12 through 4 p.m. on
May 10, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [COTP 06-066] 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 for the bridge
construction was not given 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 and will place Coast Guard or
local law enforcement vessels in the vicinity of this zone to advise
mariners of the restriction.
Background and Purpose
Boh Brothers Construction will be pouring concrete for the new
bridge columns on the west side of Sanibel Island Bridge ``A'' span.
The concrete pour will take place in two phases on two different days.
The first phase will consist of pouring the bottom half of the columns.
Phase one is scheduled to take place on April 12, 2006, from 5 a.m.
until 4 p.m. Phase two will involve pouring the top half of the
columns. Phase two is tentatively scheduled to occur on April 27, from
5 a.m. until 4 p.m. The operation will require a 50 foot by 120 foot
barge to be positioned in the center of the channel along with a tug
and working skiffs. 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 San Carlos Bay,
Florida: All waters from surface to bottom, within a 400 foot radius of
the following coordinates: 26[deg]28'59''N, 082[deg]00'52''W. Vessels
and persons 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
5 a.m. on April 12 through 4 p.m. on May 10, 2006. The aforementioned
safety zone enforcement dates may change due to environmental factors.
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 prior to beginning the operation. 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).
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 rule will only be enforced for a limited
amount of time. 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 Sanibel Island Bridge span ``A'' from 5 a.m. on April
12 through 4 p.m. on May 10, 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 for a limited
time when marine traffic is expected to be minimal. Additionally,
traffic will be allowed to
[[Page 26231]]
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.
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
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 section 165.T07-066 is added to read as follows:
Sec. 165.T07-066 Safety Zone; Ft. Myers Beach, Florida.
(a) Regulated area. The Coast Guard is establishing a temporary
safety zone on the waters of San Carlos Bay, Florida, in the vicinity
of the Sanibel Island Bridge span ``A'', that includes all the waters
from surface to bottom, within a 400 foot radius of the following
coordinates: 26[deg]28'59'' N, 082[deg]00'52'' W. All coordinates
referenced use datum: NAD 83.
[[Page 26232]]
(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 5 a.m. on April 12 through 4
p.m. on May 10, 2006 and will be enforced when concrete pouring
operations are taking place.
Dated: April 12, 2006.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg, Florida.
[FR Doc. 06-4189 Filed 5-3-06; 8:45 am]
BILLING CODE 4910-15-P
