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order to ensure the safety of Coast Guard Sector St. Petersburg (813) from 5 a.m. on April 12 through 4 p.m. participants, spectators and transiting 228–2191 Ext 8307. on May 10, 2006. The aforementioned vessels, 33 CFR 100.530 will be SUPPLEMENTARY INFORMATION: safety zone enforcement dates may enforced for the duration of the event. change due to environmental factors. Under provisions of 33 CFR 100.530, Regulatory Information Coast Guard Sector St. Petersburg will from 9:30 a.m. to 6:30 p.m. on August We did not publish a notice of give notice of the enforcement of the 5 and 6, 2006, vessels may not enter the proposed rulemaking (NPRM) for this safety zone by issuing a Broadcast regulated area without permission from regulation. Under 5 U.S.C. 553(b)(B), the Notice to Mariners beginning 24 to 48 the Coast Guard Patrol Commander. Coast Guard finds that good cause exists hours prior to beginning the operation. Spectator vessels may anchor outside for not publishing an NPRM. The On-scene notice will be provided by the regulated area but may not block a information for the bridge construction local Coast Guard and local law navigable channel. Because these was not given with sufficient time to enforcement marine units enforcing the restrictions will be in effect for a limited publish an NPRM. Publishing an NPRM safety zone. period, they should not result in a and delaying its effective date would be Regulatory Evaluation significant disruption of maritime contrary to the public interest since traffic. immediate action is needed to minimize This rule is not a ‘‘significant In addition to this notice, the potential danger to the construction regulatory action’’ under section 3(f) of maritime community will be provided workers and mariners transiting the Executive Order 12866, Regulatory extensive advance notification via the area. The Coast Guard will issue a Planning and Review, and does not Local Notice to Mariners, and marine broadcast notice to mariners to advise require an assessment of potential costs information broadcasts so mariners can mariners of the restriction. and benefits under section 6(a)(3) of that adjust their plans accordingly. For the same reasons, under 5 U.S.C. Order. The Office of Management and 553(d)(3), the Coast Guard finds that Budget has not reviewed it under that Dated: April 14, 2006. good cause exists for making this rule Order. It is not ‘‘significant’’ under the Larry L. Hereth, effective less than 30 days after regulatory policies and procedures of Rear Admiral, U.S. Coast Guard, Commander, publication in the Federal Register. The the Department of Homeland Security Fifth Coast Guard District. Coast Guard will issue a broadcast (DHS). [FR Doc. 06–4203 Filed 5–3–06; 8:45 am] notice to mariners and will place Coast We expect the economic impact of BILLING CODE 4910–15–P Guard or local law enforcement vessels this rule to be so minimal that a full in the vicinity of this zone to advise Regulatory Evaluation under the mariners of the restriction. regulatory policies and procedures of DEPARTMENT OF HOMELAND DHS is unnecessary. The rule will only SECURITY Background and Purpose be enforced for a limited amount of Boh Brothers Construction will be Coast Guard time. Moreover, vessels may still enter pouring concrete for the new bridge the safety zone with the express columns on the west side of Sanibel 33 CFR Part 165 permission of the Captain of the Port St. Island Bridge ‘‘A’’ span. The concrete Petersburg or his designated [COTP St. Petersburg 06–066] pour will take place in two phases on representative. RIN 1625–AA00 two different days. The first phase will consist of pouring the bottom half of the Small Entities Safety Zone; San Carlos Bay, FL columns. Phase one is scheduled to take Under the Regulatory Flexibility Act place on April 12, 2006, from 5 a.m. (5 U.S.C. 601–612), we have considered AGENCY: Coast Guard, DHS. until 4 p.m. Phase two will involve whether this rule would have a ACTION: Temporary final rule. pouring the top half of the columns. significant economic impact on a Phase two is tentatively scheduled to substantial number of small entities. SUMMARY: The Coast Guard is occur on April 27, from 5 a.m. until 4 The term ‘‘small entities’’ comprises establishing a temporary safety zone on small businesses, not-for-profit the waters of San Carlos Bay, Florida in p.m. The operation will require a 50 foot by 120 foot barge to be positioned in the organizations that are independently the vicinity of the Sanibel Island Bridge owned and operated and are not span ‘‘A’’ while bridge construction is center of the channel along with a tug and working skiffs. The nature of this dominant in their fields, and conducted. This rule is necessary to governmental jurisdictions with ensure the safety of the construction work and the close proximity of the channel present a hazard to mariners populations of less than 50,000. workers and mariners on the navigable The Coast Guard certifies under 5 waters of the United States. transiting the area. This safety zone is being established to ensure the safety of U.S.C. 605(b) that this rule will not have DATES: This rule is effective from 5 a.m. life on the navigable waters of the a significant economic impact on a on April 12 through 4 p.m. on May 10, United States. substantial number of small entities. 2006. This rule may affect the following ADDRESSES: Documents indicated in this Discussion of Rule entities, some of which may be small preamble as being available in the The safety zone encompasses the entities: The owners or operators of docket are part of docket [COTP 06–066] following waters of San Carlos Bay, vessels intending to transit near the and are available for inspection or Florida: All waters from surface to Sanibel Island Bridge span ‘‘A’’ from 5 copying at Coast Guard Sector St. bottom, within a 400 foot radius of the a.m. on April 12 through 4 p.m. on May Petersburg, Prevention Department, 155 following coordinates: 26°28′59″N, 10, 2006. This safety zone will not have Columbia Drive, Tampa Florida 33606– 082°00′52″W. Vessels and persons are a significant economic impact on a 3598 between 7:30 a.m. and 3:30 p.m., prohibited from anchoring, mooring, or substantial number of small entities for Monday through Friday, except Federal transiting within this zone, unless the following reasons. This rule will be holidays. authorized by the Captain of the Port St. enforced for a limited time when marine FOR FURTHER INFORMATION CONTACT: Petersburg or his designated traffic is expected to be minimal. Waterways Management Division at representative. The zone is effective Additionally, traffic will be allowed to

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enter the zone with the permission of Taking of Private Property technical standards (e.g., specifications the Captain of the Port St. Petersburg or This rule will not effect a taking of of materials, performance, design, or designated representative. private property or otherwise have operation; test methods; sampling procedures; and related management Assistance for Small Entities taking implications under Executive Order 12630, Governmental Actions and systems practices) that are developed or Under section 213(a) of the Small Interference with Constitutionally adopted by voluntary consensus Business Regulatory Enforcement Protected Property Rights. standards bodies. This rule does not use technical Fairness Act of 1996 (Pub. L. 104–121), Civil Justice Reform we offered to assist small entities in standards. Therefore, we did not understanding the rule so that they This rule meets applicable standards consider the use of voluntary consensus could better evaluate its effects on them in sections 3(a) and 3(b)(2) of Executive standards. Order 12988, Civil Justice Reform, to and participate in the rulemaking Environment process. Small entities may contact the minimize litigation, eliminate ambiguity, and reduce burden. We have analyzed this rule under person listed under FOR FURTHER Commandant Instruction M16475.lD INFORMATION CONTACT for assistance in Protection of Children and Department of Homeland Security understanding and participating in this We have analyzed this rule under Management Directive 5100.1, which rulemaking. We also have a point of Executive Order 13045, Protection of guides the Coast Guard in complying contact for commenting on actions by Children from Environmental Health with the National Environmental Policy employees of the Coast Guard. Small Risks and Safety Risks. This rule is not Act of 1969 (NEPA) (42 U.S.C. 4321– businesses may send comments on the an economically significant rule and 4370f), and have concluded that there actions of Federal employees who does not create an environmental risk to are no factors in this case that would enforce, or otherwise determine health or risk to safety that may limit the use of a categorical exclusion compliance with, Federal regulations to disproportionately affect children. under section 2.B.2 of the Instruction. the Small Business and Agriculture Indian Tribal Governments Therefore, this rule is categorically Regulatory Enforcement Ombudsman excluded, under figure 2–1, paragraph and the Regional Small Business This rule does not have tribal (34)(g), of the Instruction, from further Regulatory Fairness Boards. The implications under Executive Order environmental documentation. A final Ombudsman evaluates these actions 13175, Consultation and Coordination ‘‘Environmental Analysis Check List’’ annually and rates each agency’s with Indian Tribal Governments, and a final ‘‘Categorical Exclusion responsiveness to small business. If you because it does not have a substantial Determination’’ are available in the wish to comment on actions by direct effect on one or more Indian docket where indicated under employees of the Coast Guard, call 1– tribes, on the relationship between the ADDRESSES. 888–REG–FAIR (1–888–734–3247). Federal Government and Indian tribes, or on the distribution of power and List of Subjects in 33 CFR Part 165 Collection of Information responsibilities between the Federal Harbors, Marine safety, Navigation Government and Indian tribes. This rule calls for no new collection (water), Reporting and recordkeeping of information under the Paperwork Energy Effects requirements, Security measures, Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Waterways. 3520). Executive Order 13211, Actions I For the reasons discussed in the Federalism Concerning Regulations That preamble, the Coast Guard amends 33 Significantly Affect Energy Supply, CFR part 165 as follows: A rule has implications for federalism Distribution, or Use. We have under Executive Order 13132, determined that it is not a ‘‘significant PART 165—REGULATED NAVIGATION Federalism, if it has a substantial direct energy action’’ under that order because AREAS AND LIMITED ACCESS AREAS it is not a ‘‘significant regulatory action’’ effect on State or local governments and I 1. The authority citation for part 165 under Executive Order 12866 and is not would either preempt State law or continues to read as follows: impose a substantial direct cost of likely to have a significant adverse effect compliance on them. We have analyzed on the supply, distribution, or use of Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1(g), this rule under that Order and have energy. The Administrator of the Office of Information and Regulatory Affairs 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, determined that it does not have 116 Stat. 2064; Department of Homeland implications for federalism. has not designated it as a significant Security Delegation No. 0170.1. energy action. Therefore, it does not Unfunded Mandates Reform Act require a Statement of Energy Effects I 2. A new temporary section 165.T07– under Executive Order 13211. 066 is added to read as follows: The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Technical Standards § 165.T07–066 Safety Zone; Ft. Myers Federal agencies to assess the effects of The National Technology Transfer Beach, Florida. their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 (a) Regulated area. The Coast Guard is particular, the Act addresses actions U.S.C. 272 note) directs agencies to use establishing a temporary safety zone on that may result in the expenditure by a voluntary consensus standards in their the waters of San Carlos Bay, Florida, in State, local, or tribal government, in the regulatory activities unless the agency the vicinity of the Sanibel Island Bridge aggregate, or by the private sector of provides Congress, through the Office of span ‘‘A’’, that includes all the waters $100,000,000 or more in any one year. Management and Budget, with an from surface to bottom, within a 400 Though this rule will not result in such explanation of why using these foot radius of the following coordinates: an expenditure, we do discuss the standards would be inconsistent with 26°28′59″ N, 082°00′52″ W. All effects of this rule elsewhere in this applicable law or otherwise impractical. coordinates referenced use datum: NAD preamble. Voluntary consensus standards are 83.

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(b) Definitions. The following FOR FURTHER INFORMATION CONTACT: Jerry Horn and Petit Bois islands located in definitions apply to this section: Case, Regulations Program Manager, Mississippi are federally designated Designated representative means National Park Service, 1849 C Street, wilderness areas. Nature, history, and Coast Guard Patrol Commanders NW., Room 7241, Washington, DC recreational opportunities abound in including Coast Guard coxswains, petty 20240. Phone: (202) 208–4206. E-mail: this national treasure. All areas of Gulf officers and other officers operating [email protected]. Islands National Seashore in the Florida Coast Guard vessels, and federal, state, SUPPLEMENTARY INFORMATION: District and the Davis Bayou area in the and local officers designated by or Mississippi District are reachable from assisting the Captain of the Port (COTP) Background Interstate 10. The Mississippi District St. Petersburg, Florida, in the Personal Watercraft Regulation barrier islands are only accessible by enforcement of regulated navigation boat. areas and safety and security zones. On March 21, 2000, the National Park (c) Regulations. In accordance with Service published a regulation (36 CFR Purpose of Gulf Islands National the general regulations in § 165.23 of 3.24) on the management of personal Seashore this part, no person or vessel may watercraft (PWC) use within all units of the national park system (65 FR 15077). Gulf Islands National Seashore, anchor, moor or transit the Regulated Florida and Mississippi, was authorized Area without the prior permission of the This regulation prohibits PWC use in all national park units unless the NPS by Act of Congress, Public Law 91–660, Captain of the Port St. Petersburg, January 8, 1971, to provide for Florida, or his designated determines that this type of water-based recreational activity is appropriate for recognition of certain historic values representative. such as coastal fortifications and other (d) Date. This rule is effective from 5 the specific park unit based on the purposes such as the preservation and a.m. on April 12 through 4 p.m. on May legislation establishing that park, the enjoyment of undeveloped barrier 10, 2006 and will be enforced when park’s resources and values, other islands and beaches. concrete pouring operations are taking visitor uses of the area, and overall place. management objectives. The regulation Gulf Islands National Seashore banned PWC use in all park units conserves certain outstanding natural, Dated: April 12, 2006. effective April 20, 2000, except for 21 cultural and recreational resources J.A. Servidio, parks, lakeshores, seashores, and along the Northern Gulf Coast of Florida Captain, U.S. Coast Guard, Captain of the recreation areas. The regulation and Mississippi. These include several Port St. Petersburg, Florida. established a 2-year grace period coastal defense forts spanning more [FR Doc. 06–4189 Filed 5–3–06; 8:45 am] following the final rule publication to than two centuries of military activity, BILLING CODE 4910–15–P provide these 21 park units time to historic and prehistoric archaeological consider whether PWC use should be sites, and pristine examples of intact permitted to continue. Mississippi coastal barrier islands, salt DEPARTMENT OF THE INTERIOR Description of Gulf Islands National marshes, bayous, submerged grass beds, Seashore complex terrestrial communities, National Park Service emerald green water, and white sand Gulf Islands National Seashore is beaches. 36 CFR Part 7 located in the northeastern portion of the Gulf of Mexico and includes a Gulf Islands National Seashore was RIN 1024–AD21 widely spaced chain of barrier islands established for the following purposes: • Gulf Islands National Seashore, extending nearly 160 miles from the Preserve for public use and Personal Watercraft Use eastern end of Santa Rosa Island in enjoyment certain areas possessing Florida to Cat Island in Mississippi. outstanding natural, historic, and AGENCY: National Park Service, Interior. Other islands in the national seashore recreational values. ACTION: Final rule. include Horn, Petit Bois, and East Ship • Conserve and manage the wildlife and West Ship islands in Mississippi SUMMARY: This final rule designates and natural resources. and a section of Perdido Key in Florida. • areas where personal watercraft (PWC) Gulf Islands National Seashore also Preserve as wilderness any area may be used in Gulf Islands National includes mainland tracts at Pensacola within the national seashore found to be Seashore, Florida and Mississippi. This Forts and Naval Live Oaks Reservation suitable and so designated in final rule implements the provisions of near Pensacola, Florida, and Davis accordance with the provisions of the the National Park Service (NPS) general Bayou, adjacent to Ocean Springs, Wilderness Act (78 Stat. 890). regulations authorizing parks to allow Mississippi. The national seashore • Recognize, preserve, and interpret the use of PWC by promulgating a contains 139,775.46 acres within the the national historic significance of Fort special regulation. Individual parks authorized boundary, excluding Cat Barrancas Water Battery (Battery San must determine whether PWC use is Island (only a portion has been acquired Antonio), Fort Barrancas; Advanced appropriate for a specific park area as of this date). Of this total acreage, Redoubt of Fort Barrancas at Pensacola based on an evaluation of that area’s 19,445.46 acres are fastlands (above Naval Station; Fort Pickens on Santa enabling legislation, resources and water) and 119,730 acres are submerged Rosa Island, Florida; Fort McRee site, values, other visitor uses, and overall lands. Perdido Key, Florida; and Fort management objectives. Gulf Islands National Seashore Massachusetts on West Ship Island, DATES: Effective Date: This rule is contains snowy-white beaches, Mississippi, in accordance with the Act effective May 4, 2006. sparkling blue waters, fertile coastal of August 21, 1935 (49 Stat. 666). That ADDRESSES: Mail inquiries to marshes, and dense maritime forests. act states: ‘‘It is a National policy to Superintendent, Gulf Islands National Visitors can explore 19th century forts, preserve for public use historic sites, Seashore, 1801 Gulf Breeze Parkway, enjoy shaded picnic areas, hike on buildings, and objects of National Gulf Breeze, FL 32563. E-mail: winding nature trails, and camp in significance for inspiration and benefits [email protected], 850–934–2604. comfortable campgrounds. In addition, of the people of the United States.’’

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