[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Rules and Regulations]
[Pages 44286-44288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18079]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0319]
RIN 1625-AA09


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Treasure Island, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Treasure Island Causeway Bridge, mile 119.0, Treasure 
Island, Florida. Changing the schedule from on signal to three times an 
hour during the week and twice an hour on the weekends will reduce 
vehicle traffic issues caused by the bridge openings while providing 
for the reasonable needs of navigation.

DATES: This rule is effective September 2, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0319]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email, Mr. Gene Stratton, Chief Operations Section, Seventh 
Coast Guard District Bridge Branch at 305-415-6740, email 
[email protected]. If you have questions on viewing the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol

A. Regulatory History and Information

    On November 13, 2013, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Gulf Intracoastal 
Waterway, Treasure Island, FL'' in the Federal Register (78 FR 67999). 
We received no comments on the proposed rule. No public meeting was 
requested, and none was held.

B. Basis and Purpose

    The Treasure Island Causeway Bridge crosses the Gulf Intracoastal 
Waterway at mile 119.0, Treasure Island, Pinellas County, Florida. This 
change would reduce the vehicle traffic back-ups caused by the opening 
of the bridge while providing for the reasonable needs of navigation.
    The Treasure Island Bridge is a double-leaf bascule bridge that 
provides a vertical clearance of 21 feet in the closed position.
    The City of Treasure Island requested a change to the Treasure 
Island Causeway Bridge regulation due to an increase in vehicle traffic 
in this area. Based on the bridge logs, this bridge opens on average 
less than twice an hour on signal. Fewer scheduled openings at regular 
intervals between 7

[[Page 44287]]

a.m. and 7 p.m. would reduce the vehicle traffic back-ups caused by the 
opening of the bridge.

C. Discussion of Comments and Changes

    The Coast Guard provided a comment period of 90 days and no 
comments were received. No changes have been made to the proposed rule.

D. Discussion of Final Rule

    The current operating regulation governing the Treasure Island 
Causeway Bridge at 33 CFR 117.267(g) was for the old bridge which 
required the bridge to open four times per hour on the quarters between 
7 a.m. and 7 p.m. and to open on signal if at least ten minutes advance 
notice was given between 11 p.m. and 7 a.m. However, since the old 
bridge was replaced, the new bridge has been operating under 33 CFR 
117.5 which requires the bride to open on signal. This final rule 
allows the bridge to open three times an hour during the week and twice 
an hour on the weekends which will reduce vehicle traffic congestion 
through this area by requiring less frequent openings. The Coast Guard 
does not anticipate longer bridge opening periods due to an 
accumulation of vessels, since the bridge currently opens less than 
twice an hour on average.

E. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    This action will have a minor impact on vessels transiting the Gulf 
Intracoastal Waterway in the vicinity of Treasure Island, Florida as 
vessels will still be able to transit the bridge on specific intervals 
and this action will still meet the reasonable needs of navigation. 
This action is designed to improve vehicle traffic flow in downtown 
Treasure Island.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. 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.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
bridge generally does not open but two to three times an hour on a 
regular basis. Placing a regulation on this bridge, reducing these 
openings, will not unreasonably disrupt vessels transiting the Gulf 
Intracoastal Waterway in this area.

3. 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).

4. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

5. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

6. 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 (adjusted for 
inflation) 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.

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

8. 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.

9. 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 does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

10. 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.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and 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 this action is one of a category of actions that do not 
individually or cumulatively have a

[[Page 44288]]

significant effect on the human environment. This rule involves 
changing the open on demand bridge operating schedule to three times an 
hour Monday through Friday and twice an hour on Saturday, Sunday and 
Federal holidays and will meet the reasonable needs of navigation. This 
rule is categorically excluded, under figure 2-1, paragraph (32)(e), of 
the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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. In Sec.  117.287, revise paragraph (g) to read as follows:


Sec.  117.287  Gulf Intracoastal Waterway.

* * * * *
    (g) The draw of the Treasure Island Causeway bridge, mile 119.0 
shall open on signal except that from 7 a.m. to 7 p.m. the draw need 
open on the hour, 20 minutes after the hour and 40 minutes after the 
hour Monday through Friday and on the quarter hour and three quarter 
hour on Saturday, Sunday and Federal holidays.
* * * * *

    Dated: June 18, 2014.
J. H. Korn,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2014-18079 Filed 7-30-14; 8:45 am]
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