Drawbridge Operation Regulations; Gulf Intracoastal Waterway, Venice, FL, 69803-69805 [2013-27564]
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Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Proposed Rules
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
A. Public Participation and Request for
Comments
[Docket No. USCG–2013–0848]
RIN 1625–AA09
Drawbridge Operation Regulations;
Gulf Intracoastal Waterway, Venice, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
change the operating schedule that
governs the Hatchett Creek (US–41)
Twin Bridges, Gulf Intracoastal
Waterway mile 56.9, Venice, FL.
Changing the operational scheduled of
the Hatchett Creek (US–41) Twin
Bridges will allow the Iron Man
Triathlon event to be unimpeded for an
eight hour period. This event is
anticipated to be scheduled on the
second Sunday of November annually
from 9 a.m. to 5 p.m.
DATES: Comments and related material
must reach the Coast Guard on or before
February 19, 2014.
ADDRESSES: You may submit comments
identified by docket number USCG–
2013–0848 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these four methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Ms. Danielle Mauser,
Seventh Coast Guard District, Bridge
Branch, 305–415–6946, email
Danielle.L.Mauser2@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
SUMMARY:
Table of Acronyms
CFR
Code of Federal Regulations
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We encourage you to participate in
this proposed rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
proposed rulemaking (USCG–2013–
0848), indicate the specific section of
this document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (https://
www.regulations.gov), or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a phone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number USCG–2013–0848 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking. If
you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
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69803
docket number USCG–2013–0848 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the three methods
specified under ADDRESSES. Please
explain why one would be beneficial. If
we determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
The current operating regulation
governing the Hatchett Creek (US–41)
bridges, Gulf Intracoastal Waterway
mile 56.9 at Venice, FL as listed in
§ 117.287(b), provides the draw of the
Hatchett Creek (US–41) bridge, mile
56.9 at Venice, shall open on signal,
except that, from 7 a.m. to 4:20 p.m.,
Monday through Friday except Federal
holidays, the draw need open only on
the hour, 20 minutes after the hour, and
40 minutes after the hour and except
between 4:25 p.m. and 5:25 p.m. when
the draw need not open. On Saturdays,
Sundays, and Federal holidays from
7:30 a.m. to 6 p.m. the draw need open
only on the hour, quarter-hour, halfhour, and three quarter-hour.
C. Basis and Purpose
The proposed changes will have a
minor impact on vessels transiting the
Gulf Intracoastal Waterway in the
vicinity of Venice, Florida and will still
meet the reasonable needs to navigation.
This action will accommodate the
Sarasota Iron Man Triathlon held
annually on the second Sunday of
November.
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Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Proposed Rules
D. Discussion of Proposed Rule
This proposed rule will allow the
Hatchett Creek Bridge to remain closed
to navigation for eight hours once a year
for an annual event. The Hatchett Creek
(US–41) Bridge provides a vertical
clearance of 16 feet at mean high water
in the closed position and a horizontal
clearance of 90 feet. Vessels with a
height of less than 16 feet may pass
through the bridge at any time. The Gulf
of Mexico is the only alternative route
and this route would be unacceptable
for certain classes of vessels such as tugs
and barges.
E. 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 or executive
orders.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
1. Regulatory Planning and Review
This proposed 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 action will have a minor impact
on vessels transiting the Gulf
Intracoastal Waterway in the vicinity of
Venice, Florida and will still meet the
reasonable needs of navigation.
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 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.
This proposed rule would affect the
following entities, some of which might
be small entities: The owners or
operators of vessels needing the draw to
open for safe transit under the bridge
from 9 a.m. to 5 p.m. on the second
Sunday of November each year.
This action will not have a significant
economic impact on a substantial
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number of small entities for the
following reasons. This rule will be in
effect for eight hours annually. Vessels
that can safely transit under the bridge
may do so at any time. Before the
effective period, the Coast Guard will
issue maritime advisories widely
available to users of the river.
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.
3. Assistance for Small Entities
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, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. 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).
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 have
analyzed this proposed rule under that
Order and have 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
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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 rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule 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 proposed 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
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Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Proposed Rules
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 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. 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. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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
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.
2. In § 117.287, revise paragraph (b) to
read as follows:
■
§ 117.287
Gulf Intracoastal Waterway.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
*
*
*
*
*
(b) The draw of the Hatchett Creek
(U.S.–41) bridge, mile 56.9 at Venice,
shall open on signal, except that, from
7 a.m. to 4:20 p.m., Monday through
Friday except Federal holidays, the
draw need open only on the hour, 20
minutes after the hour, and 40 minutes
after the hour and except between 4:25
p.m. and 5:25 p.m. when the draw need
not open. On Saturdays, Sundays, and
Federal holidays from 7:30 a.m. to 6
p.m. the draw need open only on the
hour, quarter-hour, half-hour, and three
quarter-hour. This bridge need not open
to navigation on the second Sunday of
November annually from 9 a.m. to 5
p.m. to facilitate the Iron Man Triathlon
event.
*
*
*
*
*
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69805
Dated: October 25, 2013.
J.H. Korn,
Rear Admiral, U.S. Coast Guard,Commander,
Seventh Coast Guard District.
Proposal Nine attached to its Revised
Petition.2 The changes contained in
Proposals Six through Nine are
described below.
[FR Doc. 2013–27564 Filed 11–20–13; 8:45 am]
II. Proposals
BILLING CODE 9110–04–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3050
[Docket No. RM2014–1; Order No. 1877]
Periodic Reporting (Proposals Six
Through Nine)
Postal Regulatory Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing concerning
the initiation of a proceeding to
consider proposed changes in analytical
principles (Proposals Six Through
Nine). This notice informs the public of
the filing, invites public comment, and
takes other administrative steps.
DATES: Comments are due: December 2,
2013. Reply comments are due:
December 9, 2013.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Introduction
II. Proposals
III. Notice and Comment
IV. Ordering Paragraphs
I. Introduction
On November 8, 2013, the Postal
Service filed a petition pursuant to 39
CFR 3050.11 requesting the Commission
initiate an informal rulemaking
proceeding to consider three changes to
analytical principles for use in periodic
reporting.1 Petition at 1. The Petition
labels the proposed analytical principle
changes attached to its Petition filed on
November 8, 2013 in this docket as
Proposals Six through Eight. On
November 12, 2013, the Postal Service
filed an errata to its Petition to add
1 Petition of the United States Postal Service for
the Initiation of a Proceeding to Consider Proposed
Changes in Analytical Principles (Proposals Six
through Eight), November 8, 2013 (Petition).
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A. Proposal Six: Proposed Changes in
Stamp Fulfillment Services (SFS)
Handling and Philatelic Sales Cost
Estimation Models
To address a concern raised by the
Commission in the FY 2012 ACD, the
Postal Service proposes to update its
methodology for calculating the costs
for Philatelic Sales and the handling
costs of SFS in order to align the
product description in the Mail
Classification Schedule (MCS).
To do so, the Postal Service proposes
to update the cost model for SFS
handling costs (StFS2012.xls) and the
way handling revenue (the $1.25 and
the $1.75 fees) is classified by not
including the handling costs and
revenue (the $1.25 and $1.75 fees) for
Philatelic Sales in the SFS handling
workpaper going forward. The handling
costs of Philatelic Sales will be included
solely in the Philatelic Sales cost
estimation workpaper (StFS
Philatelic2012.xls). Id.
The Postal Service further states that
this proposal also seeks to update the
methodology in order to capture the
window costs of Philatelic products
sold in retail.
B. Proposal Seven: Change in
Attributable Costs for Competitive Post
Office Box Service Enhancements
The Postal Service states Proposal
Seven updates and improves the
methodology for developing attributable
costs for the enhancements to
competitive Post Office Box service, as
requested by the Commission in the FY
2012 ACD at 163 and 199. There are two
elements of these costs: (1) handling of
packages from third-party carriers; and
(2) information technology costs. Id.,
Proposal 7 at 1.
The Postal Service filed under seal a
non-public version of Proposal Seven in
USPS–RM2014–1/NP1 which includes
material provided under seal in the FY
2012 Annual Compliance Report, as
well as updates to that material.3
The proposed methodology for
information technology costs, (which is
a description of the calculation done for
FY 2012) entails consulting with
Engineering to determine: (1) The
2 Notice of the United States Postal Service of
Revision to Add Proposal Nine to the Petition for
Rulemaking—Errata, November 12, 2012 (Revised
Petition).
3 Notice of Filing of USPS–RM2014–1/NP1 and
Application for Nonpublic Treatment, November 8,
2013.
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]]>Agencies
[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Proposed Rules]
[Pages 69803-69805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27564]
[[Page 69803]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0848]
RIN 1625-AA09
Drawbridge Operation Regulations; Gulf Intracoastal Waterway,
Venice, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the Hatchett Creek (US-41) Twin Bridges, Gulf Intracoastal
Waterway mile 56.9, Venice, FL. Changing the operational scheduled of
the Hatchett Creek (US-41) Twin Bridges will allow the Iron Man
Triathlon event to be unimpeded for an eight hour period. This event is
anticipated to be scheduled on the second Sunday of November annually
from 9 a.m. to 5 p.m.
DATES: Comments and related material must reach the Coast Guard on or
before February 19, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2013-0848 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Ms. Danielle Mauser, Seventh Coast Guard District,
Bridge Branch, 305-415-6946, email Danielle.L.Mauser2@uscg.mil. If you
have questions on viewing or submitting material to the docket, call
Barbara Hairston, 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. Public Participation and Request for Comments
We encourage you to participate in this proposed rulemaking by
submitting comments and related materials. All comments received will
be posted, without change to https://www.regulations.gov and will
include any personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
proposed rulemaking (USCG-2013-0848), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online (https://www.regulations.gov), or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number USCG-2013-0848 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit them by mail
and would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number USCG-2013-0848 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the three methods specified under
ADDRESSES. Please explain why one would be beneficial. If we determine
that one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The current operating regulation governing the Hatchett Creek (US-
41) bridges, Gulf Intracoastal Waterway mile 56.9 at Venice, FL as
listed in Sec. 117.287(b), provides the draw of the Hatchett Creek
(US-41) bridge, mile 56.9 at Venice, shall open on signal, except that,
from 7 a.m. to 4:20 p.m., Monday through Friday except Federal
holidays, the draw need open only on the hour, 20 minutes after the
hour, and 40 minutes after the hour and except between 4:25 p.m. and
5:25 p.m. when the draw need not open. On Saturdays, Sundays, and
Federal holidays from 7:30 a.m. to 6 p.m. the draw need open only on
the hour, quarter-hour, half-hour, and three quarter-hour.
C. Basis and Purpose
The proposed changes will have a minor impact on vessels transiting
the Gulf Intracoastal Waterway in the vicinity of Venice, Florida and
will still meet the reasonable needs to navigation. This action will
accommodate the Sarasota Iron Man Triathlon held annually on the second
Sunday of November.
[[Page 69804]]
D. Discussion of Proposed Rule
This proposed rule will allow the Hatchett Creek Bridge to remain
closed to navigation for eight hours once a year for an annual event.
The Hatchett Creek (US-41) Bridge provides a vertical clearance of 16
feet at mean high water in the closed position and a horizontal
clearance of 90 feet. Vessels with a height of less than 16 feet may
pass through the bridge at any time. The Gulf of Mexico is the only
alternative route and this route would be unacceptable for certain
classes of vessels such as tugs and barges.
E. 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 or executive orders.
1. Regulatory Planning and Review
This proposed 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 action will have a minor impact on vessels transiting the Gulf
Intracoastal Waterway in the vicinity of Venice, Florida and will still
meet the reasonable needs of navigation.
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 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.
This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
needing the draw to open for safe transit under the bridge from 9 a.m.
to 5 p.m. on the second Sunday of November each year.
This action will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for eight hours annually. Vessels that can
safely transit under the bridge may do so at any time. Before the
effective period, the Coast Guard will issue maritime advisories widely
available to users of the river.
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.
3. Assistance for Small Entities
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, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. 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).
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 have analyzed this proposed rule under that Order and
have 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 more in any one year. Though this proposed 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 proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule 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 proposed 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
[[Page 69805]]
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
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. 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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.287, revise paragraph (b) to read as follows:
Sec. 117.287 Gulf Intracoastal Waterway.
* * * * *
(b) The draw of the Hatchett Creek (U.S.-41) bridge, mile 56.9 at
Venice, shall open on signal, except that, from 7 a.m. to 4:20 p.m.,
Monday through Friday except Federal holidays, the draw need open only
on the hour, 20 minutes after the hour, and 40 minutes after the hour
and except between 4:25 p.m. and 5:25 p.m. when the draw need not open.
On Saturdays, Sundays, and Federal holidays from 7:30 a.m. to 6 p.m.
the draw need open only on the hour, quarter-hour, half-hour, and three
quarter-hour. This bridge need not open to navigation on the second
Sunday of November annually from 9 a.m. to 5 p.m. to facilitate the
Iron Man Triathlon event.
* * * * *
Dated: October 25, 2013.
J.H. Korn,
Rear Admiral, U.S. Coast Guard,Commander, Seventh Coast Guard District.
[FR Doc. 2013-27564 Filed 11-20-13; 8:45 am]
BILLING CODE 9110-04-P
