[Federal Register Volume 71, Number 118 (Tuesday, June 20, 2006)]
[Rules and Regulations]
[Pages 35391-35392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9663]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-06-074]
RIN 1625-AA09


Drawbridge Operation Regulations; Welch Causeway (SR 699) Bridge, 
Gulf Intracoastal Waterway, Mile 122.8, Madeira Beach, Pinellas County, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the regulations 
governing the operation of the Welch Causeway (SR 699) Bridge, Gulf 
Intracoastal Waterway mile 122.8, Madeira Beach, Pinellas County, 
Florida. This rule is needed to provide vehicular traffic relief during 
heavy vehicular traffic periods as well as meeting the reasonable needs 
of mariners during the construction of nearby bridges. This bridge will 
open on the hour and half hour, Friday, 2 p.m. until 6 p.m., Saturday, 
Sunday and Federal holidays from 10 a.m. until 6 p.m. until October 29, 
2006.

DATES: This rule is effective from June 20, 2006 until October 29, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD07-06-074 and are available for 
inspection or copying at Commander (dpb), Seventh Coast Guard District, 
909 S.E. 1st Avenue, Room 432, Miami, FL 33131, between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NRPM) 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 was 
impracticable and contrary to the public interest, because the rule is 
needed to provide for vehicular traffic relief during construction of 
bridges and provides provisions for vessels to transit through the area 
on a twice an hour schedule during heavy vehicular traffic periods.
    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 Federal 
Register publication. This rule provides for scheduled bridge openings 
for vessels to transit through the bridge.

Background and Purpose

    The Welch Causeway (SR 699) bridge, Gulf Intracoastal Waterway mile 
122.8, Madeira Beach, Pinellas County, Florida currently opens on 
signal; except that, from 9:30 a.m. to 6 p.m. on Saturdays, Sundays, 
and Federal holidays, the draw need be opened only on the hour, 20 
minutes after the hour, and 40 minutes after the hour. This bridge is 
in close proximity to other bridges currently under construction. The 
bridge provides vehicular access on and off the coastal barrier 
islands.
    Florida State Representative Rice's office, on behalf of the 
citizens of Madeira Beach, requested the Coast Guard change the current 
operation of the bridge to two openings per hour during certain 
periods, while other bridge construction projects were underway. The 
bridge will be required to only open on the hour and half-hour Fridays 
from 2 p.m. until 6 p.m. and Saturdays, Sundays and Federal holidays 
from 10 a.m. until 6 p.m. Public vessels of the United States, tugs 
with tows and vessels in distress shall be passed as necessary.

Discussion of Rule

    The regulation was requested by Florida Representative Rice's 
office on behalf of the residents of Madeira Beach and will provide 
temporary relief for vehicular traffic while other bridge construction 
projects are underway, while continuing to provide for the reasonable 
needs of navigation. The bridge will be required to only open on the 
hour and half-hour on Fridays from 2 p.m. until 6 p.m. and on 
Saturdays, Sundays and Federal holidays from 10 a.m. until 6 p.m. The 
draw shall open as necessary for the passage of tugs with tows, public 
vessels of the United States and vessels in distress.

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, 
because the rule will allow for bridge openings during the construction 
of nearby bridges.

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 
would not have a significant economic impact on a substantial number of 
small entities, because the regulations provide for bridge openings, 
and 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 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. If this 
rule would affect your small business, organization, or governmental

[[Page 35392]]

jurisdiction and you have questions concerning its provisions or 
options for compliance, please 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 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 would 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. 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. 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.

Regulations

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 Public Law 102-587, 106 Stat. 5039.


0
2. From 2 p.m. on June 20, 2006, through 6 p.m. on October 29, 2006, 
Sec.  117.287(h) is suspended and new paragraph (l) is added to read as 
follows:


Sec.  117.287  Gulf Intracoastal Waterway.

* * * * *
    (l) The draw of the Welch Causeway (SR 699) bridge, mile 122.8 at 
Madeira Beach shall open on signal; except that from 2 p.m. to 6 p.m. 
on Fridays, and from 10 a.m. to 6 p.m. on Saturday, Sunday and Federal 
holidays, the draw need be opened only on the hour and half-hour. 
Public vessels of the United States, tugs with tows and vessels in 
distress shall be passed as necessary.

    Dated: June 12, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. E6-9663 Filed 6-19-06; 8:45 am]
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