[Federal Register Volume 71, Number 151 (Monday, August 7, 2006)]
[Rules and Regulations]
[Pages 44586-44587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12528]



[[Page 44586]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-06-073]
RIN 1625-AA09


Drawbridge Operation Regulations; Pinellas Bayway Structure ``E'' 
(SR 679) Bridge, Gulf Intracoastal Waterway, Mile 113, St. Petersburg 
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 Pinellas Bayway Structure ``E'' (SR 679) 
Bridge, Gulf Intracoastal Waterway mile 113, St. Petersburg Beach, 
Pinellas County, Florida. This rule is needed to provide vehicular 
traffic relief during heavy vehicular traffic periods flowing into a 
nearby county park, as well as meeting the reasonable needs of 
mariners. This bridge will open on signal, except that from 9 a.m. to 7 
p.m. the draw need open only on the hour and 30 minutes past the hour 
until October 29, 2006.

DATES: This rule is effective from August 7, 2006 until 7 p.m. on 
October 29, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD07-06-073 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 (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 was 
impracticable and contrary to the public interest, because the rule is 
needed to provide for vehicular traffic relief and provides provisions 
for vessels to transit through the area twice per hour.
    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 Pinellas Bayway ``E'' (SR 679) Bridge, Gulf Intracoastal 
Waterway mile 113, St. Petersburg Beach, Pinellas County, Florida, 
currently opens on signal; except that, from 9 a.m. to 7 p.m. the draw 
need only open on the hour, 20 minutes after the hour, and 40 minutes 
after the hour. The bridge provides vehicular access into and out of a 
popular county park.
    On June 23, 2006, the Coast Guard published a temporary final rule 
(71 FR 36010) at the request of Florida State Representative Rice's 
office, on behalf of the local citizens, that stated 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 9 a.m. 
until 7 p.m. Public vessels of the United States, tugs with tows and 
vessels in distress shall be passed as necessary. However, after this 
temporary final rule was published, Florida State Representative Rice's 
office, at the request of the local citizens revised their request for 
the opening of the bridge. The bridge shall open on signal, except that 
from 9 a.m. to 7 p.m. the draw need open only on the hour and 30 
minutes past the hour.

Discussion of Rule

    The regulation was requested by Florida Representative Rice's 
office on behalf of the residents of St. Petersburg Beach and will 
provide temporary relief for vehicular traffic during periods of heavy 
traffic traveling into and out of a nearby county park, while 
continuing to provide for the reasonable needs of navigation. The 
bridge will be required to open on signal, except that from 9 a.m. to 7 
p.m. the draw need open only on the hour and 30 minutes past the hour.

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 timed bridge openings.

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 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 
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.

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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 Pub. L. 102-587, 106 Stat. 5039.

0
2. From August 7, 2006 through 7 p.m. on October 29, 2006, Sec.  
117.287(d)(3) is suspended and (d)(5) is added to read as follows:
* * * * *


Sec.  117.287  Gulf Intracoastal Waterway.

* * * * *
    (d) * * *
    (5) Pinellas Bayway Structure ``E'' (SR 679) bridge, mile 113 at 
St. Petersburg Beach. The draw shall open on signal, except that from 9 
a.m. to 7 p.m. the draw need open only on the hour and 30 minutes past 
the hour.
* * * * *

    Dated: July 17, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
 [FR Doc. E6-12528 Filed 8-4-06; 8:45 am]
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