[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Rules and Regulations]
[Pages 33885-33887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13700]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0694]
RIN 1625-AA09


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Madeira Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Welch Causeway (SR 699) Bridge, Gulf Intracoastal Waterway 
mile 122.8, at Madeira Beach, Florida. This change will place the 
drawbridge on a daily operating schedule to alleviate vehicle 
congestion due to on demand bridge openings and balance the needs of 
all modes of transportation due to the

[[Page 33886]]

economic growth in the vicinity of the bridge.

DATES: This rule is effective July 28, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0694 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Clark W. Sanford, U.S. Coast Guard, Sector Saint 
Petersburg Waterways Management Division; telephone 727-824-7506, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
FL Florida
TD Test Deviation
FDOT Florida Department of Transportation

II. Background Information and Regulatory History

    On December 18, 2020 the Coast Guard published a Test Deviation 
entitled Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Madeira Beach, FL in the Federal Register (85 FR 82355). The TD invited 
comments on the proposed rule change. One comment was received during 
the test period which was addressed in the NPRM.
    On April 30, 2021, the Coast Guard published a Notice of Proposed 
Rulemaking, with a request for comments, entitled ``Drawbridge 
Operation Regulation; Gulf Intracoastal Waterway, Madeira Beach, FL'' 
in the Federal Register (85 FR 22911). There we stated why we issued 
the NPRM, and invited comments on our proposed regulatory action 
related to this regulatory change. During the comment period that ended 
May 15, 2021, we received one comment and that comment is addressed in 
Section IV of this Final Rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The City of Madeira Beach, Florida has requested the current operating 
schedule be modified due to the increased economic growth and vehicle 
traffic in the area, as well as a school located in close proximity to 
the bridge. The bridge owner, Florida Department of Transportation 
(FDOT), is in support of the proposed changes.
    The Welch Causeway (SR 699) Bridge across the Gulf Intracoastal 
Waterway, mile 122.8, at Madeira Beach, Florida is a double-leaf 
bascule bridge with a 25 foot vertical clearance at mean high water in 
the closed position and an 89 foot horizontal clearance between 
fenders. The normal operating schedule for the bridge is found in 33 
CFR 117.287(h). Navigation on the waterway is commercial and 
recreational.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard is changing the operating schedule that governs the 
Welch Causeway (SR 699) Bridge, mile 122.8 at Madeira Beach, Florida. 
The bridge currently operates on demand, and will continue to open on 
demand with the following exception; from 7 a.m. to 7 p.m. daily, 
except Federal holidays, the draw need only open on the hour and half 
hour.
    One comment was received. The commenter felt the bridge should 
remain on demand, not limit when vessels can pass and that better 
vehicle traffic control would solve any traffic congestion. Due to the 
increase in vehicle traffic, the Coast Guard has determined that 
placing the bridge on a schedule will alleviate some congestion while 
still meeting the reasonable needs of navigation. Additionally, vessels 
able to pass beneath the bridge without an opening may do so at any 
time.

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. 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).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice.

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 zero 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 rule will 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 
section.
    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

[[Page 33887]]

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, Rev. 1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series) which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined 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 promulgates the operating 
regulations or procedures for drawbridges and is categorically excluded 
from further review, under paragraph L49, of Chapter 3, Table 3-1 of 
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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.


0
2. Amend Sec.  117.287 by revising paragraph (h) to read as follows:


Sec.  117.287   Gulf Intracoastal Waterway

* * * * *
    (h) The draw of the Welch Causeway (SR 699) Bridge, Gulf 
Intracoastal Waterway mile 122.8, at Madeira Beach, Florida, shall open 
on signal; except that, from 7 a.m. to 7 p.m. daily, except Federal 
holidays, the draw need only open on the hour and half hour.

    Dated: June 21, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District.
[FR Doc. 2021-13700 Filed 6-25-21; 8:45 am]
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