[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41891-41893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18710]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is modifying the operating schedule of four 
bridges across the Gulf Intracoastal Waterway (GICW); Stickney Point 
Drawbridge, mile 68.6, Siesta Drive Drawbridge, mile 71.6, Cortez 
Drawbridge, mile, 87.4, and Anna Maria Drawbridge, mile 89.2, in 
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 rulemaking would 
change the bridges' operating schedules from a three times an hour 
opening schedule to a twice an hour opening schedule throughout the 
year.

DATES: This rule is effective October 5, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0330. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email, Ms. Jennifer Zercher with the Seventh Coast Guard 
District Bridge Office; telephone (305) 415-6740, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
GICW Gulf Intracoastal Waterway
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February 13, 2017, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Gulf Intracoastal 
Waterway, Sarasota, FL in the Federal Register (82 FR 10444). We 
received 125 comments on this rule. 118 comments were in favor of this 
regulation change and 7 were against this change.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.
    Stickney Point Bridge across the GICW, mile 68.6, at South 
Sarasota, Florida is a bascule bridge. This drawbridge has a vertical 
clearance of 18 feet in the closed position and a horizontal clearance 
of 90 feet between fenders. Presently, in accordance with 33 CFR 117.5, 
the Stickney Point Bridge is required to open on demand.
    Siesta Drive Bridge across the GICW, mile 71.6, at Sarasota, 
Florida is a bascule bridge. This drawbridge has a vertical clearance 
of 25 feet in the closed position and a horizontal clearance of 90 feet 
between fenders. Presently, in accordance with 33 CFR 117.287(c), the 
Siesta Drive Bridge is required to open on signal, except that from 6 
a.m. to 7 p.m., the draw need only open on the hour, twenty minutes 
past the hour and forty minutes past the hour. On weekends and Federal 
holidays, from 11 a.m. to 6 p.m., the draw need open only on the hour, 
twenty minutes past the hour and forty minutes past the hour.
    Cortez (SR 684) Bridge across the GICW, mile 87.4, at Bradenton 
Beach, Florida is a bascule bridge. This drawbridge has a vertical 
clearance of 22 feet in the closed position and a horizontal clearance 
of 90 feet between fenders. Presently, in accordance with 33 CFR 
117.287 (d)(1), the Cortez (SR 684) Bridge is required to open on 
signal, except that from 6 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. 
From January 15 to May 15, from 6 a.m. to 7 p.m., the draw need only 
open on the hour and half hour.
    Anna Maria (SR 64) (Manatee Avenue West) Bridge, mile 89.2, at 
Bradenton Beach, Florida is a bascule bridge. This drawbridge has a 
vertical clearance of 24 feet in the closed position and a horizontal 
clearance of 90 feet between fenders. Presently, in accordance with 33 
CFR 117.287(d)(2), the Anna Maria (SR 64) (Manatee Avenue West) Bridge 
is required to open on signal, except that from 6 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. From January 15 to May 15, from 6 a.m. to 7 
p.m., the draw need only open on the hour and half hour.
    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 accommodate a year-round increase of vehicular 
traffic. In the past, increased traffic was only associated with the 
tourist season. For this reason, the Coast Guard is modifying 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.

IV. Discussion of Comments, Changes and the Final Rule

    There were seven comments opposing the final rule. Six comments 
were against modifying the existing schedule and one comment suggested 
that even with this modified schedule the bridge will still open too 
often. Not allowing these bridges to open at least twice an hour would 
place an undue burden on the marine community. Two of the comments 
suggested the City/County/State should look into putting in higher 
level bridges and do a traffic management study, as the problem is 
traffic control, not the bridge openings.

[[Page 41892]]

These comments were directed to the bridge owner. Four comments stated 
that having vessels waiting for a half-hour for the bridge to open 
could be a safety concern. As the timing between bridge openings has 
been adjusted to accommodate traveling at a no wake speed between the 
bridges, vessels should not have to wait for longer than 5 to 10 
minutes for an opening. Of these four comments sighting safety 
concerns, one commenter has posted the same concern twice. No 
adjustments have been made to this regulation based on the comments.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridges during the scheduled openings. 
Vessels that can transit the bridge in the closed position may continue 
to do so. Public vessels of the United States and tugs with tows may 
request an opening 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 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.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this final rule would not have a significant economic impact on 
any vessel owner or operator.
    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 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.

C. 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).

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 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 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.

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

F. 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 made a 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this rule.

G. 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.

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; and Department of 
Homeland Security Delegation No. 0170.1.


[[Page 41893]]



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


Sec.  117.287  Gulf Intracoastal Waterway.

* * * * *
    (c)(1) The Stickney Point Bridge, mile 68.6, at 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.
    (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, at 
Bradenton Beach, Florida 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.
    (2) The draw of the Anna Maria (SR 64) (Manatee Avenue West) 
Bridge, mile 89.2, at Bradenton Beach, Florida 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.
* * * * *

    Dated: August 22, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-18710 Filed 9-1-17; 8:45 am]
 BILLING CODE 9110-04-P