[Federal Register Volume 72, Number 116 (Monday, June 18, 2007)]
[Proposed Rules]
[Pages 33423-33425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11661]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-07-107]
RIN 1625-AA09
Drawbridge Operation Regulations; Gulf Intracoastal Waterway Mile
131.8, Belleair Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily change the drawbridge
regulation of the Belleair Beach Bridge, Gulf Intracoastal Waterway
mile 131.8, Belleair Beach, Pinellas County, Florida. This proposed
rule will require this drawbridge to open on signal, except that from 7
a.m. to 7 p.m. this bridge will open on the hour and half-hour. This
action is necessary for workers safety and will assist in expediting
the construction of the new bridge.
DATES: Comments and related material must reach the Coast Guard on or
before August 2, 2007.
ADDRESSES: You may mail comments and related material to Commander
(dpb), Seventh Coast Guard District, 909 SE 1st Avenue, Room 432,
Miami, Florida 33131-3050. Commander (dpb) maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at Commander (dpb), Seventh Coast Guard District,
909 SE 1st Avenue, Room 432, Miami, Florida 33131-3050 between 8 a.m.
and 4:30 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Seventh Coast
Guard District, Bridge Branch, telephone number 305-415-6744.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD07-07-
107], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
81/2 by 11 inches, suitable for copying. If you would like to know they
reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Bridge Branch, Seventh Coast
Guard District at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
The existing regulation of the draw bridge requires that the
Belleair Causeway bridge, mile 131.8 at Clearwater, shall open on
signal; except that, from 12 noon to 6 p.m., on Saturdays, Sundays, and
holidays, the draw need open only on the hour, quarter hour, half hour,
and three-quarter hour.
Due to the construction of a new high level fixed Bridge, at
Belleair Beach, Intracoastal Waterway mile 131.8, ECDriver,
representing the owner of the bridge, has requested that the Coast
Guard change the current operation of the Belleair Beach Drawbridge.
The drawbridge will be required to open twice an hour from 7 a.m. to 7
p.m. In addition, the waterway may be restricted or closed for short
periods to allow for construction of the new bridge. Exact times and
dates of any waterway restrictions and closures and drawbridge
restrictions will be published in the Local Notice to Mariners and
Broadcast Notice to Mariners. In cases of emergency, the drawbridge
will be opened as soon as possible. This regulation is necessary for
workers safety and will assist in expediting construction of the new
bridge.
Discussion of Proposed Rule
The draw of the Belleair Beach Drawbridge shall open on signal,
except that from 7 a.m. to 7 p.m. the bridge shall open on the hour and
half-hour. Waterway closures shall be authorized by the Captain of the
Port, St Petersburg, as needed and will be published in the Local
Notice to Mariners and Broadcast Notice to Mariners. The draw shall
open as soon as possible for the passage of tugs with tows, public
vessels of the United States and vessels in a situation where a delay
would endanger life or property.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary, because the
rule will allow for scheduled bridge openings of this drawbridge and
all waterway restrictions or closure times will be published with
adequate time for mariners to plan accordingly.
[[Page 33424]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities, as the rule will allow for scheduled bridge
openings of this drawbridge and all waterway restrictions or closure
times will be published with adequate time for mariners to plan
accordingly.
This proposed rule would affect the following entities, some of
which may be small entities: The owners or operators of vessels needing
to transit the Intracoastal Waterway in the vicinity of the Belleair
Beach Bridge, persons intending to drive over the bridge, and nearby
business owners. The revision to the opening schedule will not have a
significant impact on a substantial number of small entities. Vehicle
traffic and small business owners in the area may benefit from the
improved traffic flow that regularly scheduled openings will offer this
area. Although bridge openings will be less frequent, vessel traffic
will still be able to transit the Intracoastal Waterway.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance please contact the Seventh Coast Guard District
Bridge Branch at the address under ADDRESSES. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
made a preliminary determination 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, we believe that this rule should be
categorically excluded, under figure 2-1, (32)(e), of the Instruction,
from further environmental documentation. Under
[[Page 33425]]
figure 2-1, paragraph (32)(e), an ``Environmental Analysis Check List''
or ``Categorical Exclusion Determination'' is not required for this
rule. Comments on this section will be considered before we make the
final decision on whether to categorically exclude this rule from
further environmental review.
List of Subjects in 33 CFR Part 117 Bridges
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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.
2. Revise Sec. 117.287(i) to read as follows:
Sec. 117.287 Gulf Intracoastal Waterway.
* * * * *
(i) The draw of the Belleair Beach Drawbridge, mile 131.8, Belleair
Beach, FL shall open on signal, except that from 7 a.m. to 7 p.m., the
bridge shall open on the hour and half-hour.
Dated: May 30, 2007.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E7-11661 Filed 6-15-07; 8:45 am]
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