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Federal Register/Vol. 71, No. 86/Thursday, May 4

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Federal Register/Vol. 71, No. 86/Thursday, May 4 26230 Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Rules and Regulations 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 VerDate Aug<31>2005 15:18 May 03, 2006 Jkt 208001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\04MYR1.SGM 04MYR1 mstockstill on PROD1PC68 with RULES Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Rules and Regulations 26231 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.
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