[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Rules and Regulations]
[Pages 9550-9551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4492]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-03-072]
RIN 1625-AA09


Drawbridge Operation Regulations; Gulf Intracoastal Waterway, 
Boca Grande, Charlotte County, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is changing the operating regulations and the 
name of the Gasparilla Island Causeway Bridge, across the Gulf 
Intracoastal Waterway, mile 34.3, in Boca Grande, Florida. This rule 
requires the bridge to open only two times an hour during the weekdays 
and four times an hour during certain times on the weekends and Federal 
holidays. This action will improve vehicular traffic movement, while 
not unreasonably interfering with navigation.

DATES: This rule is effective March 31, 2004.

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 [CGD07-03-072] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 SE 1st 
Avenue, Miami, Florida 33131, between 7:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Manager, 
Seventh Coast Guard District, Bridge Branch, (305) 415-6743.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On July 17, 2003, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled Drawbridge Operation Regulations; Gulf 
Intracoastal Waterway, Boca Grande, Charlotte County, Florida in the 
Federal Register (68 FR 42331). We received 10 comments on this NPRM. 
No public hearing was requested, and none was held.

Background and Purpose

    The Gasparilla Island Bridge Authority requested a change in the 
regulations governing the operation and the name of the Gasparilla 
Island Causeway Bridge. This is a swingbridge with a vertical clearance 
of 9 feet at mean high water and a horizontal clearance of 81 feet. The 
existing regulation for this bridge is published in 33 CFR 117.287(a-
1), and requires the bridge to open on signal; except that from January 
1 to May 31, from 7 a.m. to 5 p.m., the bridge need open only on the 
hour, quarter hour, half hour and three quarter hour. The owner 
requested a change to the bridge operating schedule so that the bridge 
would open on signal, except that from 7 a.m. to 6 p.m., Monday through 
Friday, except Federal holidays, the bridge need open only on the hour 
and half hour, and, from 7 a.m. to 6 p.m. on weekends and Federal 
holidays, the bridge need open only on the hour, quarter hour, half 
hour and three quarter hour. Tugs with tows, public vessels of the 
United States and vessels in distress shall pass at any time. This 
regulation will ease vehicular traffic congestion while providing for 
the reasonable needs of navigation. The bridge currently opens less 
than two times per hour on both weekends and weekdays.
    In addition, the owner requested that the name of the bridge be 
changed to the Boca Grande Swingbridge, as it is locally known. The 
local name is more descriptive of the bridge's swingbridge design.

Discussion of Comments and Changes

    We received 10 comments on the NPRM, 6 from the same company 
against the rule change, citing that the period of closure was too long 
for their vessels to wait and 4 from residents of Boca Grande in favor 
of the rule change.
    We have carefully considered the comments and decided not to change 
the proposed rule. The bridge currently opens less than twice an hour, 
and vessels transiting the area have ample opportunity to adjust to the 
operating schedule. Additionally, there are numerous, sufficient safe 
waiting areas in the vicinity.

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 is unnecessary. The rule only affects a 
small percentage of vessel traffic through this bridge and provides 
approximately the same amount of openings that the bridge's current 
activity level exhibits.

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 might be 
small entities: the owners or operators of vessels and vehicles 
intending to transit under and over the Gasparilla Bridge during the 
hours of 7 a.m. to 6 p.m., Monday through Friday, except Federal 
holidays, and 7 a.m. to 6 p.m., weekends and Federal holidays. The rule 
only affects a small percentage of vessel traffic through this bridge 
and provides approximately the same amount of openings that the 
bridge's current activity level exhibits.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding this rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. The 
Coast Guard offered small businesses, organizations, or governmental 
jurisdictions having questions concerning the rule's provisions or 
options for compliance, to contact the person listed in FOR FURTHER 
INFORMATION CONTACT.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine

[[Page 9551]]

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 the 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 would not create an 
environmental risk to health or risk to safety that might 
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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
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 (32)(e), of the Instruction, from further 
environmental documentation. Under figure 2-1, paragraph (32)(e), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for Part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); Section 117.255 also issued 
under authority of Pub. L. 102-587, 106 Stat. 5039.

0
2. Section 117.287(a1) is revised to read as follows:


Sec.  117.287  Gulf Intracoastal Waterway.

* * * * *
    (a-1) The draw of the Boca Grande Swingbridge, mile 34.3, shall 
open on signal; except that, from 7 a.m. to 6 p.m., Monday through 
Friday, except Federal holidays, the draw need open only on the hour 
and half hour. On Saturday, Sunday and Federal holidays, from 7 a.m. to 
6 p.m., the draw need open only on the hour, quarter hour, half hour 
and three quarter hour.
* * * * *

    Dated: February 13, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-4492 Filed 2-27-04; 8:45 am]
BILLING CODE 4910-15-P