Regulated Navigational Area: Sanibel, FL
[Federal Register: September 11, 2000 (Volume 65, Number 176)]
[Rules and Regulations]
[Page 54797-54798]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se00-11]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD07-00-086]
RIN 2115-AE84
Regulated Navigational Area: Sanibel, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area at the Sanibel Island Bridge ``A'' span. This regulated
navigation area is needed to protect the public from the hazards
resulting from damage caused to the west side fender system and the
unprotected bridge support pilings. This rule implements vessel
operating requirements until the damage is repaired.
DATES: This rule is effective from 11:15 a.m. August 25, 2000, to 8
a.m. on December 5, 2000.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD07-00-086) and are available for inspection or
copying at, Marine Safety Office Tampa between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Commanding Officer, Marine Safety
Office Tampa, 155 Columbia Drive, Tampa, Fl 33606, Attn: Lieutenant
Warren Weedon, or phone (813) 228-2189 ext 101.
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 because immediate action is
necessary to minimize potential danger to the public from large vessel
traffic transiting through the recently damaged bridge.
Further, 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. Immediate action is necessary to
minimize potential danger to the public from large vessel traffic
transiting through the recently damaged bridge.
Background and Purpose
At approximately 8 p.m. on August 17, 2000, a barge collided with
the west side of the fendering system of the Sanibel Island Bridge
``A'' span at Sanibel, Florida. The west side fender system and
associated dolphins were destroyed leaving the bridge support pilings
unprotected. This drawbridge connects Sanibel Island to the mainland,
and spans San Carlos Bay, a waterway that provides access to the
Intercoastal Waterway . Occasional barge traffic transits the waterway
under this bridge. The potential risk of these transits is increased
because of the recent damage and therefore all barge traffic transiting
under the Sanibel Island ``A'' span will be limited to slack water
transits only. Further, all barges shall have two tugs made fast fore
and aft of the barge, respectively, each with adequate horsepower to
fully maneuver the barge. Tides through the bridge occur twice daily,
providing four (4) slack water periods of approximately one and one-
half (1 \1/2\) hours per period. Repair crews have begun removal of the
damaged fender and may be operating in or near the channel. The
scheduled completion of repairs is approximately 90 days.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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 Transportation (DOT) (44 FR 11040, February 26,
l979). Vessel traffic affected by this rule can either enter the San
Carlos Bay via alternate passages to the north, or schedule their
transit for slack water periods.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 will affect the following entities, some of which
may be small entities: The owners or operators of barges intending to
transit the waterway under the bridge. This rule will not have a
significant economic impact on a substantial number of small entities
for the following reasons.
This rule will be in effect for a limited time until the bridge
fendering system is repaired. Further, alternate routes to the north of
the Sanibel Island Bridge are available for barge traffic or barges can
schedule their transit during slack water.
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. If the
rule will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT for assistance in understanding and
participating in this rulemaking.
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).
[[Page 54798]]
Federalism
We have analyzed this rule under Executive Order 13132 and have
determined that this rule does not have implications for federalism
under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.
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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.1C, this rule is categorically excluded from further
environmental documentation. The environmental analysis checklist and
Categorical Exclusion Determination will be prepared after the rule
takes effect and will be available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Safety measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. Temporary Sec. 165.T07-086 is added to read as follows:
Sec. 165.T07-086 Regulated Navigational Area, San Carlos Bay, Sanibel
Island Bridge ``A'' span, Sanibel, Florida.
(a) Location. The following area is a regulated navigation area.
All water under the main bridge span of Sanibel Island bridge extending
100 feet on either side of the bridge within the main channel.
(b) Regulated area. In accordance with the regulations of this
part, no vessel may operate within the regulated navigational area
contrary to this regulation. All barges shall have two tugs made fast
fore and aft of the barge, respectively, each with adequate horsepower
to fully maneuver the barge. Barges shall only transit the area at
slack water. Smaller vessels are not limited to transiting at slack
water but shall stay clear of the damaged section of the fendering
system and work vessels operating in the vicinity. The Captain of the
Port Tampa will notify the public of changes in the status of this zone
via Broadcast Notice to Mariners.
(c) Effective dates. This regulation becomes effective at 11:15
a.m., August 25, 2000, and terminates at 8 a.m. on December 5, 2000.
Dated: August 25, 2000.
G.W. Sutton,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 00-23257 Filed 9-8-00; 8:45 am]
BILLING CODE 4910-15-U
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