[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Rules and Regulations]
[Pages 14305-14307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06357]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2014-0436]
RIN 1625-AA09
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, St.
Petersburg Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Pinellas Bayway Structure ``E'' (SR 679) Bridge, Gulf
Intracoastal Waterway mile 113.0, St. Petersburg Beach, FL. This will
extend the time period when the bridge is subject to periodic closings.
During this extended time period the bridge will not open on demand.
DATES: This rule is effective April 20, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0436]. 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. Robert Glassman, Seventh Coast Guard District, Bridge
Branch, 305-415-6946, 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
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
On August 11, 2014, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulations; Gulf Intracoastal
Waterway, St Petersburg Beach, FL'' in the Federal Register (79 FR
46740). We received 173 comments on the proposed rule. No public
meeting was requested, and none was held.
B. Basis and Purpose
The Pinellas Bayway Structure ``E'' Bridge provides a vertical
clearance of 25 feet at mean high water in the closed position and a
horizontal clearance of 89 feet. Vessels with a height of less than 25
feet may pass through the bridge at any time. The current regulation,
33 CFR 117.287(d)(4), states Pinellas
[[Page 14306]]
Bayway Structure ``E'' (SR 679) bridge, mile 113.0 at St. Petersburg
Beach ``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.'' This
modification will extend the time by two hours in the morning and two
hours in the evening, allowing this Bridge to open on the hour and
half-hour from 7 a.m. to 9 p.m., seven days a week and continue to open
on demand all other times.
C. Discussion of Comments, Changes and the Final Rule
Of the 173 comments received, 171 were in favor of extending the
half-hour schedule by two hours in the morning and two hours in the
evening. Two comments opposed extending the scheduled opening period.
Two commenters asked if afternoon scheduled openings should end
prior to 9 p.m. Vehicles exiting Fort de Soto Park to the mainland must
use Pinellas Bayway Structure ``E'' Bridge. Fort de Soto Park closes at
8:30 p.m. Extending scheduled openings until 9 p.m. will reduce traffic
for departing park visitors.
One commenter indicated that one hour is too long to wait for a
bridge opening. This rule will provide for passage two times in an hour
during the period of scheduled openings. From 7 a.m. to 9 p.m. the
bridge will open on the hour and on the half hour.
One commenter voiced concern for the safety of vessels transiting
to a dock or marina in a storm. Other comments recommended extending
scheduled openings for the entire day, in part because it serves as a
means of ingress and egress for emergency vehicles. Under Title 33 Code
of Federal Regulations, Section 117.31, drawtenders are required to
make reasonable efforts to have drawspans closed for emergency vehicles
and opened for vessels in distress or seeking shelter from severe
weather.
One commenter asked for an exception for boat parades. If an
extended closure period is necessary for a special event, the bridge
owner may request a temporary change to the drawbridge operating
schedule.
No changes were made to the proposed regulatory text as a result of
the comments. Therefore, paragraph (d)(4) of 33 CFR 117.287 will be
revised to require opening on signal, except that from 7 a.m. to 9 p.m.
the draw need open only on the hour and 30 minutes past the hour.
This rule will not unreasonably impact navigation. Both vehicle
traffic and vessel traffic may need to adjust schedules to ensure that
they are not unreasonably delayed.
D. 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 rule is not a significant regulatory action because vessels
may still transit the Bridge at scheduled intervals and these changes
will continue to meet the reasonable needs of navigation. Therefore,
the rule will only have a minor impact on vessels transiting the Gulf
Intracoastal Waterway in the vicinity of St. Petersburg Beach, Florida.
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 rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels transiting the
Gulf Intracoastal Waterway. However, this action will not have a
significant economic impact on a substantial number of small entities
for the following reasons: Vessels that can safely transit under the
Bridge may do so at any time. Vessels unable to transit under the
Bridge will be able to transit the Bridge at specific intervals which
can be taken into account by vessel owners and operators.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. 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 person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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 this rule or any policy or
action of the Coast Guard.
4. 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).
5. 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 analyzed this rule under that Order and determined that
it does not have implications for federalism.
6. 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.
7. 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
[[Page 14307]]
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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Technical Standards
This rule does not use technical standards; therefore, we did not
consider the use of voluntary consensus standards.
14. 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 significant effect on the human
environment. 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 (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 7
a.m. to 9 p.m. the draw need open only on the hour and 30 minutes past
the hour.
* * * * *
Dated: February 27, 2015.
J. H. Korn,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2015-06357 Filed 3-18-15; 8:45 am]
BILLING CODE 9110-04-P