[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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