[Federal Register Volume 82, Number 28 (Monday, February 13, 2017)]
[Proposed Rules]
[Pages 10444-10446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02896]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0330]
RIN 1625-AA09


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Sarasota, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule of 
four bridges across the Gulf Intracoastal Waterway; Stickney Point, 
mile 68.6, Siesta Drive, mile 71.6, Cortez, mile, 87.4 and Anna Maria, 
mile 89.2, Drawbridges, Sarasota, FL. The request was made to the Coast 
Guard to change the operation of four drawbridges due to an increase in 
vehicle traffic throughout these areas at all times of the year. This 
proposed rulemaking would change the bridges' operating schedule from a 
three times an hour opening schedule to a twice an hour opening 
schedule throughout the year.

DATES: All comments and related material must be received by the Coast 
Guard on or before April 14, 2017.

ADDRESSES:  You may submit comments identified by docket number USCG-
2016-0330 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rule, call or email, LT Ashley Holm, Coast Guard Sector St 
Petersburg, Florida; telephone (813) 228-2191 x8105, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

[[Page 10445]]

II. Background, Purpose and Legal Basis

    The Metropolitan Planning Office for Sarasota and Manatee Counties, 
along with the concurrence of the local mayors, have requested that the 
Coast Guard consider changing the bridge operating regulations for four 
bridges in this area to allow for the increase of vehicular traffic 
which is no longer associated with just the tourist season as in the 
past. For this reason, the Coast Guard is proposing to change the four 
bridge schedules to provide for both the reasonable needs of navigation 
and those of land transportation. The bridge owner, Florida Department 
of Transportation, concurs with these recommendations.
    The current operating schedule for the Stickney Point Bridge, Gulf 
Intracoastal Waterway (GICW) mile 68.6, South Sarasota, Florida, opens 
on demand per 33 CFR 117.5. This bridge has a vertical clearance of 18 
feet in the closed position and a horizontal clearance of 90 feet 
between fenders. This proposed rulemaking recommends that this bridge 
be changed to a twice an hour schedule from 6 a.m. to 7 p.m. daily, 
opening on the hour and half-hour.
    The current operating regulation of the Siesta Drive Bridge, mile 
71.6 at Sarasota, Florida is published in 33 CFR 117.287(c). This 
bridge has a vertical clearance of 25 feet in the closed position and a 
horizontal clearance of 90 feet between fenders. This proposed 
rulemaking recommends that this drawbridge be changed to a twice an 
hour schedule from 6 a.m. to 7 p.m. daily, opening on the quarter hour 
and three-quarter hour.
    The current operating regulation of the Cortez (SR 684) Bridge, 
mile 87.4, is published in 33 CFR 117.287(d)(1). This drawbridge has a 
vertical clearance of 22 feet in the closed position and a horizontal 
clearance of 90 feet between fenders. This proposed rulemaking 
recommends that this drawbridge be changed to a twice an hour schedule 
from 6 a.m. to 7 p.m. daily, opening on the hour and half-hour.
    The current operating regulation of the Anna Maria (SR 64) (Manatee 
Avenue West) Bridge, mile 89.2, is published in 33 CFR 117.287(d)(2). 
This drawbridge has a vertical clearance of 24 feet in the closed 
position and a horizontal clearance of 90 feet between fenders. This 
proposed rulemaking recommends that this drawbridge be changed to a 
twice an hour schedule from 6 a.m. to 7 p.m. daily, opening on the hour 
and half-hour.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend the regulations of four 
drawbridges across the GCIW in the Sarasota County, Florida area. The 
proposed rulemakings would allow the bridges to open twice an hour 
rather than three times an hour or on-demand depending on the bridge to 
assist in reducing vehicular traffic problems.
    This rule proposes to amend 33 CFR 117.287 as follows:
    The Stickney Point Bridge, GICW mile 68.6, South Sarasota, Florida, 
will be added as paragraph (c)(1). This proposed rulemaking recommends 
that this bridge be changed to a twice an hour schedule from 6 a.m. to 
7 p.m. daily, opening on the hour and half-hour. This will align this 
bridge's schedule with the opening schedule of the other bridges to the 
north.
    The Siesta Drive Bridge, mile 71.6, at Sarasota, Florida, will be 
added as (c)(2). This proposed rulemaking recommends that this bridge 
be changed to a twice an hour schedule from 6 a.m. to 7 p.m. daily, 
opening on the quarter hour and three-quarter hour. This will align 
this bridge's schedule with the opening schedule of the other bridges 
to the north and south.
    Paragraph (d)(1) will be amended so that the Cortez (SR 684) 
Bridge, mile 87.4, opens twice an hour from 6 a.m. to 7 p.m. daily, 
opening on the quarter hour and three-quarter hour. This will align 
this bridge's schedule with the opening schedule of the other bridges 
to the north and south.
    Paragraph (d)(2) will be amended so that the Anna Maria (SR 64) 
(Manatee Avenue West) Bridge, mile 89.2, opens twice an hour from 6 
a.m. to 7 p.m. daily, opening on the quarter hour and three-quarter 
hour. This will align this bridge's schedule with the opening schedule 
of the other bridges to the south.
    These proposed changes will meet the reasonable needs of vessel 
traffic passing through the bridges while taking into account the 
reasonable needs of other modes of transportation.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulation change will not have a significant impact on 
navigation in this area as these proposed schedules will allow for 
vessels to pass through these bridges with minimum disruption. This 
regulatory action determination is further based on the ability that 
this meets the reasonable needs of both navigation and other modes of 
transportation. Vessels not requiring an opening may pass at any time.

B. 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 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.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section IV.A 
above this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    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.
    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. 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 
section. The Coast Guard will

[[Page 10446]]

not retaliate against small entities that question or complain about 
this proposed rule or any policy or action of the Coast Guard.

C. 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).

D. Federalism and Indian Tribal Government

    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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions which do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule simply promulgates 
the operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under paragraph 
32(e) of Figure 2-1 of Commandant Instruction M16475.1D.
    Under paragraph 32(e) of Figure 2-1 of Commandant Instruction 
M16475.1D, an environmental analysis checklist and a categorical 
exclusion determination are not required for this rule. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  117.287 by revising paragraphs (c), (d)(1), and (d)(2) 
as follows:


Sec.  117.287   Gulf Intracoastal Waterway.

* * * * *
    (c)(1) The Stickney Point Bridge, GICW mile 68.6, South Sarasota, 
Florida shall open on signal, except that from 6 a.m. to 7 p.m., daily, 
the draw need only open on the hour and half-hour.
    (c)(2) The draw of the Siesta Drive Bridge, mile 71.6 at Sarasota, 
Florida shall open on signal, except that from 6 a.m. to 7 p.m., daily, 
the draw need only open on the hour and half-hour.
    (d)(1) The draw of the Cortez (SR 684) Bridge, mile 87.4. The draw 
shall open on signal, except that from 6 a.m. to 7 p.m., daily, the 
draw need only open on the quarter hour and three-quarter hour.
    (d)(2) The draw of the Anna Maria (SR 64) (Manatee Avenue West) 
Bridge, mile 89.2. The draw shall open on signal, except that from 6 
a.m. to 7 p.m., daily, the draw need only open on the quarter hour and 
three-quarter hour.
* * * * *

S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-02896 Filed 2-10-17; 8:45 am]
 BILLING CODE 9110-04-P