[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Rules and Regulations]
[Pages 25781-25783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9638]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-05-041]
RIN 1625-AA09


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Treasure Island, Pinellas County, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard modified the regulations that govern the 
operation of the Treasure Island Causeway Bridge. The change allows for 
daily bridge openings every 20-minutes from 7 a.m. to 7 p.m. This 
regulation should improve vehicular traffic movement while the Treasure 
Island Causeway Bridge is undergoing repairs and will not unreasonably 
interfere with vessel movement.

DATES: This rule is effective from May 16, 2005 until 7 p.m. on 
November 1, 2006.

ADDRESSES: Documents referred to in this preamble as being available in 
the docket are part of docket [CGD07-05-041] and are available for 
inspection or copying at Commander (obr), Seventh Coast Guard District, 
909 SE 1st Avenue, Room 432, Miami, Florida 33131-3050, between 7:30 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Project Manager, 
Seventh Coast Guard District, Bridge Branch, (305) 415-6747.

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. Publishing an NPRM is contrary 
to the public interest, as massive vehicular traffic congestion has 
resulted from bridge openings coupled with construction on the Treasure 
Island Causeway Bridge. The increased traffic congestion threatens 
public safety and this regulation reduces public risk by lengthening 
the time between bridge openings.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register for the same reasons noted above.

Background and Purpose

    The Treasure Island Causeway Bridge, which crosses the Boca Ciega 
Bay in the City of Treasure Island, Pinellas County, Florida, is being 
replaced. As a result of this construction, bridge openings have caused 
vehicular delay that far exceeds the normal travel time for this 
bridge. The City of Treasure Island Transportation Director requested 
we temporarily amend the current bridge schedule and lengthen the time 
between bridge openings during the remainder of the construction 
period. We have reviewed the Transportation Director's request and have 
determined that modifying the current regulation to allow for bridge 
openings every 20-minutes, vice 15-minutes, greatly reduces massive 
vehicular backups while providing for the reasonable needs of 
navigation.

Discussion of Rule

    The existing operating regulation in 33 CFR 117.287(g) requires the 
bridge to open on signal, except that from 7 a.m. to 7 p.m. the draw 
need open only on the hour, quarter hour, half hour and three quarter 
hour. This regulation would modify the existing schedule, on a 
temporary basis to cover the remainder of the construction period, and 
require the bridge to open on the hour, twenty minutes past the hour 
and forty minutes past the hour from 7 a.m. to 7 p.m.

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). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary, 
as this rule will not significantly affect the current pattern of 
marine traffic through the bridge and will provide for the reasonable 
needs of navigation.

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

[[Page 25782]]

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 because the regulation will not significantly affect the 
current pattern of marine traffic through the bridge and will provide 
for the reasonable needs of navigation.

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 can better evaluate its 
effects on them and participate in the rulemaking process. If this rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section. 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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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. 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 M16475.1D, 
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 because it is an amendment to a drawbridge regulation. 
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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. In Sec.  117.287, from May 16, 2005 through November 1, 2006, 
suspend paragraph (g) and add paragraph (k) to read as follows:


Sec.  117.287  Gulf Intracoastal Waterway.

* * * * *
    (k) The draw of the Treasure Island Causeway bridge, mile 119.0, 
shall open on signal, except that from 7 a.m. to 7 p.m. the draw need 
open only on the hour, 20 minutes past the hour, and 40

[[Page 25783]]

minutes past the hour. From 11 p.m. to 7 a.m. the draw shall open on 
signal if at least 10 minutes advance notice is given.

    Dated: May 6, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 05-9638 Filed 5-13-05; 8:45 am]
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