[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Rules and Regulations]
[Pages 16758-16759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6481]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2007-0096]
RIN 1625-AA09


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Mile 
113, St. Petersburg Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulations 
governing the Pinellas Bayway Structure ``E'' (SR 679 Bridge), Gulf 
Intracoastal Waterway, mile 113, St. Petersburg Beach, Pinellas County, 
Florida. This rule will provide vehicular traffic relief during heavy 
vehicular traffic periods flowing into a nearby county park and will 
meet the reasonable needs of navigation.

DATES: This rule is effective April 30, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [Docket No. USCG-2007-0096] and are available online 
at www.regulations.gov. This material is also available for inspection 
or copying at two locations: the Docket Management Facility (M30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays and at Commander 
(dpb), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 432, 
Miami, Florida 33131-3028 between 8 a.m. and 4:30 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Mr. Michael Lieberum, Seventh Coast Guard District, Bridge 
Administration Branch, telephone 305-415-6744. If you have questions on 
viewing the docket, call Renee W. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On December 4, 2007, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Gulf Intracoastal 
Waterway, mile 113, St. Petersburg Beach, FL in the Federal Register. 
72 FR 68116. We have received no comments on the proposed rule. No 
public meeting was requested, and none was held.

Background and Purpose

    The Pinellas Bayway Structure ``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.
    At the request of Florida State Representative Frishe's office, who 
is acting on behalf of local citizens, the Coast Guard is changing this 
regulation which will require the Pinellas Bayway ``E'' Bridge to open 
on signal, except that from 7 a.m. to 9 p.m. the bridge will open on 
the hour and half-hour. Public vessels of the United States, tugs with 
tows and vessels in distress shall be allowed to pass at any time.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking (NPRM). For this reason no changes were made to the 
proposals for this final rule.

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.
    This rule allows for scheduled bridge openings, and all waterway 
restrictions or closure times are published, giving adequate time for 
mariners to plan accordingly.

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.
    For the reason stated above, the Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could 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 employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about the rule or any policy or 
action of the Coast Guard.

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).

[[Page 16759]]

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 this 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 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.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 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.

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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise Sec.  117.287(d)(4) to read as follows:


Sec.  117.287  Gulf Intracoastal Waterway.

* * * * *
    (d)(4) Pinellas Bayway Structure ``E'' (SR 679) bridge, mile 113.0 
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: March 13, 2008.
W.D. Lee,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. E8-6481 Filed 3-28-08; 8:45 am]
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