Safety Zone; Clearwater Harbor, FL, 36204-36206 [E6-10047]

Download as PDF 36204 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations 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. This event establishes a safety zone therefore paragraph (34)(g) of the Instruction applies. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ are available in the docket where indicated under ADDRESSES. of regulated navigation areas and safety and security zones. (c) Effective Period. This rule is effective from 12 noon (local) through 4 p.m. (local) on July 9th, 2006. (d) Regulations. Entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. The Coast Guard may be contacted via VHF Channel 16 during this event. 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 temporarily amends 33 CFR part 165 as follows: 33 CFR Part 165 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, 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. I 2. A new temporary § 165.T09–060 is added read as follows: jlentini on PROD1PC65 with RULES § 165.T09–060 Safety Zone; Lake Erie, Mentor, Ohio, Mentor Power Boat Race. (a) Location. The following area is a safety zone: All waters of the south shore of Lake Erie within a box drawn from 41°43.70′ N 081°21.20′ W to 41°44.45′ N 081°22.00′ W to 41°46.40′ N 081°18.15′ W to 41°45.40′ N 081°17.50′ W thence following the shore line to origin. These coordinates are based upon North American Datum 1983 (NAD 83). (b) Definitions. The following definitions apply to this section: Designated on-scene 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), Buffalo, New York, in the enforcement VerDate Aug<31>2005 15:58 Jun 23, 2006 Jkt 208001 Dated: June 15, 2006. S.J. Furguson, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. E6–10046 Filed 6–23–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard [COTP St. Petersburg 06–104] RIN 1625–AA00 Safety Zone; Clearwater Harbor, FL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone on the waters of Clearwater Harbor, Florida. This rule is necessary to protect participants and spectators from the hazards associated with the launching of fireworks over the navigable waters of the United States. DATES: This rule is effective from 8:30 p.m. through 10 p.m. on July 4, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket [COTP 06–104] 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: The 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. Information regarding the event was not PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 provided 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 public during the fireworks demonstration. 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 The City of Clearwater, Florida is sponsoring a fireworks display on July 4, 2006 from the Clearwater Memorial Causeway on the west side of the Clearwater Memorial Bride. Although the fireworks will be launched from land, the fallout area extends over the Intracoastal Waterway and a large portion of Clearwater Harbor. This rule is needed to protect spectator craft in the vicinity of the fireworks presentation from the hazards associated with the launching of fireworks. This safety zone is being established to ensure safety of life during the fireworks display. Discussion of Rule The safety zone encompasses the following: All waters from surface to bottom, within a 300-yard radius of the west side of the Clearwater Memorial Bridge, approximate position: 27°58′01″ N, 082°48′15″ 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 will be enforced from 8:30 p.m. until 10 p.m. on July 4, 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 rule will only E:\FR\FM\26JNR1.SGM 26JNR1 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations be enforced for one-and-one-half hours in an area and during a time when vessel traffic is minimal. 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 Clearwater Harbor in the vicinity of the Clearwater Memorial Causeway. 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 a location where traffic is minimal and for a limited time; and traffic will be allowed to enter the zone with the permission of the Captain of the Port St. Petersburg or his designated representative. jlentini on PROD1PC65 with RULES 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 office 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 VerDate Aug<31>2005 15:58 Jun 23, 2006 Jkt 208001 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 36205 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 Division 5100.0, 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. E:\FR\FM\26JNR1.SGM 26JNR1 36206 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations List of Subjects in 33 CFR Part 165 DEPARTMENT OF HOMELAND SECURITY Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. Coast Guard 33 CFR Part 165 [CGD09–06–049] For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: I RIN 1625–AA00 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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.T07–104 is added to read as follows: § 165.T07–104 Safety Zone; Clearwater Harbor, Florida. jlentini on PROD1PC65 with RULES (a) Regulated area. The Coast Guard is establishing a temporary safety zone on the waters of Clearwater Harbor, Florida, that includes all the waters from surface to bottom, within a 300 yard radius of the west side of the Clearwater Memorial Bridge, centered at the following coordinates: 27°58′01″ N, 082°48′15″ 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, St. Petersburg, 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 permission of the Captain of the Port St Petersburg, Florida, or his designated representative. (d) Dates. This rule will be enforced from 8:30 p.m. until 10 p.m. on July 4, 2006. Dated: June 9, 2006. E.A. Pepper, Commander, U.S. Coast Guard, Captain of the Port St. Petersburg, Florida, Acting. [FR Doc. E6–10047 Filed 6–23–06; 8:45 am] VerDate Aug<31>2005 15:58 Jun 23, 2006 Jkt 208001 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: 1. The authority citation for part 165 continues to read as follows: I BILLING CODE 4910–15–P Safety Zone; Island Festival Fireworks Display, Baldwinsville, NY with fireworks displays. Based on recent accidents that have occurred in other Captain of the Port zones, and the explosive hazard of fireworks, the Captain of the Port Buffalo has determined fireworks displays pose significant risks to public safety and property. The likely combination of large numbers of recreational vessels, congested waterways, and alcohol use, could easily result in serious injuries or fatalities. Discussion of Rule The proposed safety zone consists of SUMMARY: The Coast Guard is all navigable waters of the Seneca River establishing a temporary safety zone in a 500-foot radius around a point at encompassing the navigable waters of approximate position: 43°09′25″ N, the Seneca River at the Budweiser 076°20′21″ W (NAD 1983) in Amphitheater near Lock 24 in Baldwinsville, NY. All Geographic Baldwinsville, NY. This safety zone is coordinates are North American Datum necessary to ensure the safety of of 1983 (NAD 83). The size of this spectators and vessels from the hazards associated with fireworks displays. This proposed zone was determined using safety zone restricts vessel traffic from a the National Fire Prevention Association guidelines. portion of the Seneca River at the All persons and vessels shall comply Budweiser Amphitheater near Lock 24 with the instructions of the Coast Guard in Baldwinsville, NY. Captain of the Port or his designated DATES: This rule is in effect from 10 p.m. representative. The designated on-scene (local) until 10:30 p.m. (local) on July 1, representative will be the patrol 2006. commander. Entry into, transiting, or ADDRESSES: Documents indicated in this anchoring within this safety zone is preamble as being available in the prohibited unless authorized by the docket are part of the docket [CGD09– Captain of the Port Buffalo or his 06–049], and are available for inspection designated on-scene representative. The or copying at U.S. Coast Guard Sector Captain of the Port or his designated onBuffalo, 1 Fuhrmann Blvd, Buffalo, New scene representative may be contacted York 14203 between 7 a.m. and 4 p.m. via VHF Channel 16. (local), Monday through Friday, except Regulatory Evaluation Federal holidays. FOR FURTHER INFORMATION CONTACT: LT This rule is not a ‘‘significant Tracy Wirth, U.S. Coast Guard Sector regulatory action’’ under section 3(f) of Buffalo, at (716) 843–9573. Executive Order 12866 and does not require an assessment of potential costs SUPPLEMENTARY INFORMATION: and benefits under section 6(a)(3) of that Regulatory Information Order. The Office of Management and We did not publish a notice of Budget has not reviewed this rule under proposed rulemaking (NPRM) for this that Order. It is not significant under the regulation. Under 5 U.S.C. 553(b)(B), the regulatory policies and procedures of Coast Guard finds that good cause exists the Department of Homeland Security for not publishing an NPRM. This safety (DHS). We expect the economic impact zone is temporary in nature and limited of this rule to be so minimal that a full time existed for an NPRM. Regulatory Evaluation under the Under 5 U.S.C. 553(d)(3), the Coast regulatory policies and procedures of Guard finds that good cause exists for DHS is unnecessary. making this rule effective less than 30 This determination is based on the days after publication in the Federal minimal time that vessels will be Register. Delaying this rule would be restricted from the zone, and the zone impracticable and contrary to public is in areas where the Coast Guard interest since immediate action is expects insignificant adverse impact to needed to minimize potential danger to mariners from the zone’s activation. the public during the fireworks Small Entities demonstration. Under the Regulatory Flexibility Act Background and Purpose (5 U.S.C. 601–612), we have considered Temporary safety zones are necessary whether this rule will have a significant impact on a substantial number of small to ensure the safety of vessels and entities. The term ‘‘small entities’’ spectators from the hazards associated PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\26JNR1.SGM 26JNR1

Agencies

[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Rules and Regulations]
[Pages 36204-36206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10047]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP St. Petersburg 06-104]
RIN 1625-AA00


Safety Zone; Clearwater Harbor, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Clearwater Harbor, Florida. This rule is necessary to protect 
participants and spectators from the hazards associated with the 
launching of fireworks over the navigable waters of the United States.

DATES: This rule is effective from 8:30 p.m. through 10 p.m. on July 4, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [COTP 06-104] 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: The 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. Information regarding the 
event was not provided 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 public during the fireworks demonstration. 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

    The City of Clearwater, Florida is sponsoring a fireworks display 
on July 4, 2006 from the Clearwater Memorial Causeway on the west side 
of the Clearwater Memorial Bride. Although the fireworks will be 
launched from land, the fallout area extends over the Intracoastal 
Waterway and a large portion of Clearwater Harbor. This rule is needed 
to protect spectator craft in the vicinity of the fireworks 
presentation from the hazards associated with the launching of 
fireworks. This safety zone is being established to ensure safety of 
life during the fireworks display.

Discussion of Rule

    The safety zone encompasses the following: All waters from surface 
to bottom, within a 300-yard radius of the west side of the Clearwater 
Memorial Bridge, approximate position: 27[deg]58'01'' N, 
082[deg]48'15'' 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 will be 
enforced from 8:30 p.m. until 10 p.m. on July 4, 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 rule will only

[[Page 36205]]

be enforced for one-and-one-half hours in an area and during a time 
when vessel traffic is minimal. 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 Clearwater Harbor in the vicinity of the Clearwater Memorial 
Causeway. 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 a location where traffic is minimal and 
for a limited time; and traffic will be allowed to enter the zone with 
the permission of the Captain of the Port St. Petersburg or his 
designated representative.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
entities may contact the office 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 Division 5100.0, 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.

[[Page 36206]]

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.T07-104 is added to read as follows:


Sec.  165.T07-104  Safety Zone; Clearwater Harbor, Florida.

    (a) Regulated area. The Coast Guard is establishing a temporary 
safety zone on the waters of Clearwater Harbor, Florida, that includes 
all the waters from surface to bottom, within a 300 yard radius of the 
west side of the Clearwater Memorial Bridge, centered at the following 
coordinates: 27[deg]58'01'' N, 082[deg]48'15'' 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, St. Petersburg, 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 permission of the Captain of the 
Port St Petersburg, Florida, or his designated representative.
    (d) Dates. This rule will be enforced from 8:30 p.m. until 10 p.m. 
on July 4, 2006.

    Dated: June 9, 2006.
E.A. Pepper,
Commander, U.S. Coast Guard, Captain of the Port St. Petersburg, 
Florida, Acting.
 [FR Doc. E6-10047 Filed 6-23-06; 8:45 am]
BILLING CODE 4910-15-P