[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Rules and Regulations]
[Pages 48273-48274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16284]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-05-040]
RIN 1625-AA09


Drawbridge Operation Regulation; Massalina Bayou, Panama City, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary rule.

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SUMMARY: The Commander, Eighth Coast Guard District, has temporarily 
changed the regulation governing the operation of the Tarpon Dock 
bascule span drawbridge across Massalina Bayou, mile 0.0, at Panama 
City, Bay County, Florida. The regulation will allow the draw of the 
bridge to remain closed to navigation for one hour to facilitate the 
American Heart Walk.

DATES: This temporary rule is effective from 9 a.m. to 10 a.m. on 
October 15, 2005.

ADDRESSES: Documents referred to in this rule are available for 
inspection or copying at the office of the Eighth Coast Guard District, 
Bridge Administration Branch, 500 Poydras Street, New Orleans, 
Louisiana 70130-3310, between 7 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays. The telephone number is (504) 589-2965. The 
Eighth District Bridge Administration Branch maintains the public 
docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration 
Branch, (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Good Cause for Not Publishing an NPRM

    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. Thousands of pedestrians will 
cross the bridge during the event and this temporary rule is necessary 
to ensure their safety as they cross the bridge. Additionally, the 
event will only impact the waterway users for one hour and will open 
for vessels in distress.

Background and Purpose

    The American Heart Association, on behalf of the City of Panama 
City, has requested a temporary rule changing the operation of the 
Tarpon Dock bascule span drawbridge across Massalina Bayou, mile 0.0, 
in Panama City, Bay County, Florida. This temporary rule is needed to 
accommodate approximately 2,000 pedestrians that are expected to 
participate in a 3.5-mile walk. The bridge is near the beginning of the 
walk and allowing the bridge to open for navigation during this short 
time period would disrupt the event and could result in injury. The 
bridge has a vertical clearance of 7 feet above mean high water in the 
closed-to-navigation position and unlimited in the open-to-navigation 
position. Navigation on the waterway consists primarily of commercial 
fishing vessels, sailing vessels and other recreational craft. 
Presently, Title 33, Code of Federal Regulations (CFR), Part 117.301 
states: The draw of the Tarpon Dock bascule span bridge, Massalina 
Bayou, mile 0.0, shall open on signal; except that from 9 p.m. until 11 
p.m. on July 4, each year, the draw need not open for the passage of 
vessels. The draw will open at any time for a vessel in distress. This 
temporary rule will allow the bridge to be maintained in the closed-to-
navigation position from 9 a.m. to 10 a.m. on October 15, 2005 to 
facilitate the American Heart Walk.

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). This temporary rule will be effective for only one hour 
and is therefore expected to have only a minor affect on the local 
economy.

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 temporary 
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 may be 
small entities: the owners or operators of vessels intending to transit 
through the Tarpon dock bridge across Massalina Bayou during the 
closure. There is not expected to be a significant impact due to the 
short duration of the closure and the publicity given to the event.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process.
    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

[[Page 48274]]

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 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 does not cause an 
environmental risk to health or risk to safety that may 
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.lD, 
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 temporary rule is categorically excluded, 
under figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out 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 the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Effective 9 a.m. until 10 a.m. on October 15, 2005, Sec.  117.301 is 
temporarily suspended and a new Sec.  117.T302 is added to read as 
follows:


Sec.  117.T302  Massalina Bayou.

    The draw of the Tarpon Dock bascule span bridge, Massalina Bayou, 
mile 0.0, shall open on signal; except that from 9 a.m. until 10 a.m. 
on October 15, 2005, the draw need not open for the passage of vessels. 
The draw will open at any time for a vessel in distress.

    Dated: August 5, 2005.
Kevin L. Marshall,
Captain, U.S. Coast Guard, Commander 8th Coast Guard Dist. Acting.
[FR Doc. 05-16284 Filed 8-16-05; 8:45 am]
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