Safety Zone; Intracoastal Waterway, Treasure Island, FL, 18585-18587 [E7-7073]
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Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations
I
4. Revise § 250.223 to read as follows:
§ 250.223 What mitigation measures
information must accompany the EP?
(a) If you propose to use any measures
beyond those required by the
regulations in this part to minimize or
mitigate environmental impacts from
your proposed exploration activities, a
description of the measures you will use
must accompany your EP.
(b) If there is reason to believe that
protected species may be incidentally
taken by planned exploration activities,
you must include mitigation measures
designed to avoid or minimize the
incidental take of:
(1) Threatened and endangered
species listed under the ESA and
(2) Marine mammals, as appropriate,
if you have not already received
authorization for incidental take as may
be necessary under the MMPA.
I 5. Revise paragraphs (a)(3) and (c)(1)
in § 250.227 to read as follows:
§ 250.227 What environmental impact
analysis (EIA) information must accompany
the EP?
*
*
*
*
*
(a) * * *
(3) Be as detailed as necessary to
assist the Regional Supervisor in
complying with the National
Environmental Policy Act (NEPA) of
1969 (42 U.S.C. 4321 et seq.) and other
relevant Federal laws such as the ESA
and the MMPA.
*
*
*
*
*
(c) * * *
(1) Analyze the potential direct and
indirect impacts (including those from
accidents, cooling water intake
structures, and those identified in
relevant ESA biological opinions such
as, but not limited to, those from noise,
vessel collisions, and marine trash and
debris) that your proposed exploration
activities will have on the identified
resources, conditions, and activities;
*
*
*
*
*
I 6. Revise § 250.247 (a) to read as
follows:
§ 250.247 What biological, physical, and
socioeconomic information must
accompany the DPP or DOCD?
cprice-sewell on PRODPC61 with RULES
*
*
*
*
*
(a) Biological environment reports.
Site-specific information on
chemosynthetic communities, federally
listed threatened or endangered species,
marine mammals protected under the
MMPA, sensitive underwater features,
marine sanctuaries, critical habitat
designated under the ESA, or other
areas of biological concern.
*
*
*
*
*
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14:52 Apr 12, 2007
Jkt 211001
7. In § 250.252, redesignate paragraph
(b) as paragraph (c) and add paragraph
(b) to read as follows:
I
§ 250.252 What environmental monitoring
information must accompany the DPP or
DOCD?
*
*
*
*
*
(b) Incidental takes. If there is reason
to believe that protected species may be
incidentally taken by planned
development and production activities,
you must describe how you will
monitor for incidental take of:
(1) Threatened and endangered
species listed under the ESA and
(2) Marine mammals, as appropriate,
if you have not already received
authorization for incidental take of
marine mammals as may be necessary
under the MMPA.
*
*
*
*
*
I 8. Revise § 250.254 to read as follows:
§ 250.254 What mitigation measures
information must accompany the DPP or
DOCD?
(a) If you propose to use any measures
beyond those required by the
regulations in this part to minimize or
mitigate environmental impacts from
your proposed development and
production activities, a description of
the measures you will use must
accompany your DPP or DOCD.
(b) If there is reason to believe that
protected species may be incidentally
taken by planned development and
production activities, you must include
mitigation measures designed to avoid
or minimize that incidental take of:
(1) Threatened and endangered
species listed under the ESA and
(2) Marine mammals, as appropriate,
if you have not already received
authorization for incidental take as may
be necessary under the MMPA.
I 9. Revise paragraphs (a)(3) and (c)(1)
in § 250.261 to read as follows:
§ 250.261 What environmental impact
analysis (EIA) information must accompany
the DPP or DOCD?
*
*
*
*
*
(a) * * *
(3) Be as detailed as necessary to
assist the Regional Supervisor in
complying with the NEPA of 1969 (42
U.S.C. 4321 et seq.) and other relevant
Federal laws such as the ESA and the
MMPA.
*
*
*
*
*
(c) * * *
(1) Analyze the potential direct and
indirect impacts (including those from
accidents, cooling water intake
structures, and those identified in
relevant ESA biological opinions such
as, but not limited to, those from noise,
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
18585
vessel collisions, and marine trash and
debris) that your proposed development
and production activities will have on
the identified resources, conditions, and
activities;
*
*
*
*
*
I 10. Revise paragraph (a)(1)(i) of
§ 250.270 to read as follows:
§ 250.270 What decisions will MMS make
on the DPP or DOCD and within what
timeframe?
(a) Timeframe. * * *
(1) * * *
(i) The comment period provided in
§ 250.267(a)(1), (a)(2), and (b) closes;
*
*
*
*
*
I 11. Revise the introductory paragraph
in § 250.282 to read as follows:
§ 250.282 Do I have to conduct postapproval monitoring?
After approving your EP, DPP, or
DOCD, the Regional Supervisor may
direct you to conduct monitoring
programs, including monitoring in
accordance with the ESA and the
MMPA. You must retain copies of all
monitoring data obtained or derived
from your monitoring programs and
make them available to the MMS upon
request. The Regional Supervisor may
require you to:
*
*
*
*
*
[FR Doc. E7–7028 Filed 4–12–07; 8:45 am]
BILLING CODE 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP Sector St. Petersburg 07–048]
RIN 1625–AA00
Safety Zone; Intracoastal Waterway,
Treasure Island, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the waters of the Intracoastal Waterway
at Treasure Island, Florida, in the
vicinity of the Treasure Island
Causeway Bascule Bridge, while the
bridge leaf sections are installed. This
rule is necessary to ensure the safety of
the workers and mariners on the
navigable waters of the United States.
DATES: This rule is effective from 8 a.m.
on March 21 through 6 p.m. on April 18,
2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
E:\FR\FM\13APR1.SGM
13APR1
18586
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations
docket are part of docket [COTP 07–048]
and are available for inspection or
copying at Coast Guard Sector St.
Petersburg, Prevention Department, 155
Columbia Drive, Tampa, Florida 33606–
3598 between 7:30 a.m. and 3:30 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: BM1
Charles Voss at Coast Guard Sector St.
Petersburg (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 installation 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 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.
cprice-sewell on PRODPC61 with RULES
Background and Purpose
Johnson Brothers will be installing the
tip sections of the east and west leafs on
the Treasure Island Causeway Bridge. In
order to install the tip sections, a crane
barge will need to be placed in the
center of the channel to hoist the tip
sections and hold them in place while
they are fasted to the bridge leafs. The
nature of the installation and
environment surrounding the Treasure
Island Causeway Bridge presents a
danger to the workers and mariners
transiting the area. The installation will
be conducted between 8 a.m. and 6 p.m.
on March 21 and April 18, 2007.
Discussion of Rule
The safety zone encompasses the
following waters of the Intracoastal
Waterway, Florida: all waters from
surface to bottom, within a 200 foot
radius of the following coordinates:
27°46′15″ N, 82°45′12″ W. Vessels are
prohibited from anchoring, mooring, or
transiting within this zone, unless
authorized by the Captain of the Port
Sector St. Petersburg or his designated
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14:52 Apr 12, 2007
Jkt 211001
representative. The zone will be
enforced from 8 a.m. until 6 p.m. on
March 21, and April 18, 2007.
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 time in a
location where marine traffic is
minimal. Moreover, vessels may still
enter the safety zone with the express
permission of the Captain of the Port
Sector St. Petersburg or his designated
representative.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule may affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit within a 200
foot radius from the Treasure Island
Causeway Bascule Bridge on March 21
and April 18, 2007. This safety zone
will not have a significant economic
impact on a substantial number of small
entities for the following reasons. This
rule will only be enforced for a limited
time in a location where marine traffic
is minimal. Additionally, traffic will be
allowed to enter the zone with the
permission of the Captain of the Port
Sector 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),
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Frm 00024
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\13APR1.SGM
13APR1
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations
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.
cprice-sewell on PRODPC61 with RULES
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.
VerDate Aug<31>2005
14:52 Apr 12, 2007
Jkt 211001
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA)(42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation. A final
‘‘Environmental Analysis Check List’’
and a final ‘‘Categorical Exclusion
Determination’’ are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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.
2. Add temporary § 165.T07–048 to
read as follows:
I
§ 165.T07–048 Safety Zone; Intracoastal
Waterway, Treasure Island, Florida.
(a) Regulated Area. The Coast Guard
is establishing a safety zone on the
waters of the Intracoastal Waterway in
the vicinity of the Treasure Island
Causeway Bascule Bridge. The safety
zone encompasses all waters within a
200 foot radius of the Treasure Island
Bascule bridge located at 27°46′15″ N,
82°45′12″ W.
(b) Definitions. As used in this section
Designated representative means a Coast
Guard Patrol Commander, 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 of Miami in
restricting vessels and persons from
entering the temporary safety zone.
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18587
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, entry into this Regulated Area
is prohibited to all vessels and persons
without the prior permission of the
Coast Guard Captain of the Port Sector
St. Petersburg or his designated
representative.
(d) Enforcement Period. The regulated
area will only be enforced from 8 a.m.
until 6 p.m. on March 21 and April 18,
2007.
(e) Effective Dates. This regulation is
effective from 8 a.m. on March 21
through 6 p.m. on April 18, 2007.
Dated: March 20, 2007.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the
Port Sector St. Petersburg, Florida.
[FR Doc. E7–7073 Filed 4–12–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are
finalized for the communities listed
below. These modified BFEs will be
used to calculate flood insurance
premium rates for new buildings and
their contents.
DATES: The effective dates for these
modified BFEs are indicated on the
following table and revise the Flood
Insurance Rate Maps (FIRMs) in effect
for the listed communities prior to this
date.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Engineering
Management Section, Mitigation
Division, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3151.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below of the modified BFEs for
each community listed. These modified
E:\FR\FM\13APR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Rules and Regulations]
[Pages 18585-18587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7073]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP Sector St. Petersburg 07-048]
RIN 1625-AA00
Safety Zone; Intracoastal Waterway, Treasure Island, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Intracoastal Waterway at Treasure Island, Florida, in the
vicinity of the Treasure Island Causeway Bascule Bridge, while the
bridge leaf sections are installed. This rule is necessary to ensure
the safety of the workers and mariners on the navigable waters of the
United States.
DATES: This rule is effective from 8 a.m. on March 21 through 6 p.m. on
April 18, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the
[[Page 18586]]
docket are part of docket [COTP 07-048] and are available for
inspection or copying at Coast Guard Sector St. Petersburg, Prevention
Department, 155 Columbia Drive, Tampa, Florida 33606-3598 between 7:30
a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: BM1 Charles Voss at Coast Guard Sector
St. Petersburg (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
installation 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 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
Johnson Brothers will be installing the tip sections of the east
and west leafs on the Treasure Island Causeway Bridge. In order to
install the tip sections, a crane barge will need to be placed in the
center of the channel to hoist the tip sections and hold them in place
while they are fasted to the bridge leafs. The nature of the
installation and environment surrounding the Treasure Island Causeway
Bridge presents a danger to the workers and mariners transiting the
area. The installation will be conducted between 8 a.m. and 6 p.m. on
March 21 and April 18, 2007.
Discussion of Rule
The safety zone encompasses the following waters of the
Intracoastal Waterway, Florida: all waters from surface to bottom,
within a 200 foot radius of the following coordinates: 27[deg]46'15''
N, 82[deg]45'12'' W. Vessels are prohibited from anchoring, mooring, or
transiting within this zone, unless authorized by the Captain of the
Port Sector St. Petersburg or his designated representative. The zone
will be enforced from 8 a.m. until 6 p.m. on March 21, and April 18,
2007.
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
time in a location where marine traffic is minimal. Moreover, vessels
may still enter the safety zone with the express permission of the
Captain of the Port Sector St. Petersburg or his designated
representative.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit within a 200 foot radius from the Treasure Island Causeway
Bascule Bridge on March 21 and April 18, 2007. This safety zone will
not have a significant economic impact on a substantial number of small
entities for the following reasons. This rule will only be enforced for
a limited time in a location where marine traffic is minimal.
Additionally, traffic will be allowed to enter the zone with the
permission of the Captain of the Port Sector 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 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.
[[Page 18587]]
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. A final ``Environmental Analysis Check List'' and a
final ``Categorical Exclusion Determination'' are available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
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. Add temporary Sec. 165.T07-048 to read as follows:
Sec. 165.T07-048 Safety Zone; Intracoastal Waterway, Treasure Island,
Florida.
(a) Regulated Area. The Coast Guard is establishing a safety zone
on the waters of the Intracoastal Waterway in the vicinity of the
Treasure Island Causeway Bascule Bridge. The safety zone encompasses
all waters within a 200 foot radius of the Treasure Island Bascule
bridge located at 27[deg]46'15'' N, 82[deg]45'12'' W.
(b) Definitions. As used in this section Designated representative
means a Coast Guard Patrol Commander, 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 of Miami in restricting vessels and persons from
entering the temporary safety zone.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this Regulated Area is prohibited
to all vessels and persons without the prior permission of the Coast
Guard Captain of the Port Sector St. Petersburg or his designated
representative.
(d) Enforcement Period. The regulated area will only be enforced
from 8 a.m. until 6 p.m. on March 21 and April 18, 2007.
(e) Effective Dates. This regulation is effective from 8 a.m. on
March 21 through 6 p.m. on April 18, 2007.
Dated: March 20, 2007.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg,
Florida.
[FR Doc. E7-7073 Filed 4-12-07; 8:45 am]
BILLING CODE 4910-15-P
