[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