Drawbridge Operation Regulations; Gulf Intracoastal Waterway, St. Petersburg Beach, FL, 46740-46742 [2014-18868]

Download as PDF 46740 Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Proposed Rules consider all timely and responsive public comments that it receives on or before October 14, 2014. You can find more information, including routine uses permitted by the Privacy Act, in the Commission’s privacy policy, at http://www.ftc.gov/ftc/privacy.htm. By direction of the Commission. Donald S. Clark, Secretary. Table of Acronyms [FR Doc. 2014–18505 Filed 8–8–14; 8:45 am] CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking § Section Symbol U.S.C. United States Code BILLING CODE 6750–01–P DEPARTMENT OF HOMELAND SECURITY 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 http:// www.regulations.gov and will include any personal information you have provided. Coast Guard 33 CFR Part 117 [Docket No. USCG–2014–0436] RIN 1625–AA09 Drawbridge Operation Regulations; Gulf Intracoastal Waterway, St. Petersburg Beach, FL Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to change the operating schedule that governs the Pinellas Bayway Structure ‘‘E’’ (SR 679) Bridge, Gulf Intracoastal Waterway mile 113.0, St. Petersburg Beach, FL. This proposal would extend the time period when the bridge is subject to periodic openings. During this extended time period the bridge will not open on demand. DATES: Comments and related material must reach the Coast Guard on or before November 10, 2014. ADDRESSES: You may submit comments identified by docket number USCG– 2014–0436 using any one of the following methods: (1) Federal eRulemaking Portal: http://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 tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:58 Aug 08, 2014 Jkt 232001 rule, call or email Mr. Gene Stratton, Seventh Coast Guard District, Bridge Branch, 305–415–6944, email allen.e.stratton@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: 1. Submitting comments If you submit a comment, please include the docket number for this proposed rulemaking (USCG–2014– 0436), 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 (http:// 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 http:// 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 http://www.regulations.gov, type the docket number USCG–2014–0436 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 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 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 http://www.regulations.gov, type the docket number USCG–2014–0436 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. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish drawbridge regulations: 33 U.S.C. 499. The proposed changes would relieve traffic congestion in St. Petersburg, FL by shortening the time period when the Pinellas Bayway Structure ‘‘E’’ (SR 679) is subject to on demand openings and it will extend the period when the Bridge is subject to scheduled periodic openings. The Tierra Verde Community Association, Inc. (‘‘TVCA’’) has requested an amendment to the Pinellas Bayway Structure ‘‘E’’ (SR 679) Bridge operating schedule to reduce increased vehicular traffic during peak hours. TVCA has indicated that the existing operating schedule severely impacts commute times for residents, businesses, and those seeking E:\FR\FM\11AUP1.SGM 11AUP1 Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Proposed Rules recreational access to Fort Desoto Park. Accordingly, this rule is proposed to seek additional input before the operating schedule is changed. C. Discussion of Proposed Rule 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. 33 CFR 117.287(d)(4) states Pinellas 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.’’ The proposed change would extend the time when the Bridge is not required to open on signal by two hours in the morning and evening. This proposed change would allow this Bridge to open on the hour and halfhour from 7 a.m. to 9 p.m., seven days a week. D. 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. tkelley on DSK3SPTVN1PROD 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. We believe this proposed 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 proposed 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 VerDate Mar<15>2010 16:58 Aug 08, 2014 Jkt 232001 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 transiting the Gulf Intracoastal Waterway. 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 owners and operators. 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 section 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. 46741 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 This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 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. 5. Federalism 11. Indian Tribal Governments 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. 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. 4. Collection of Information PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\11AUP1.SGM 11AUP1 46742 Federal Register / Vol. 79, No. 154 / Monday, August 11, 2014 / Proposed Rules draw need open only on the hour and 30 minutes past the hour. * * * * * 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. Dated: June 24, 2014. J.H. Korn, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. 13. Technical Standards [FR Doc. 2014–18868 Filed 8–8–14; 8:45 am] 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 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: 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 (d)(4) to read as follows: tkelley on DSK3SPTVN1PROD with PROPOSALS ■ 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 VerDate Mar<15>2010 16:58 Aug 08, 2014 Jkt 232001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R07–OAR–2014–0550; FRL 9915–02– Region 7] Approval and Promulgation of Implementation Plans; State of Iowa; 2014 Iowa State Implementation Plan Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to grant full approval of Iowa’s State Implementation Plan (SIP) revision for the 2006 24-hour PM2.5 National Ambient Air Quality Standard (NAAQS). Iowa completed the SIP revision in response to a SIP Call finalized by EPA on July 14, 2011, finding that the Iowa SIP was substantially inadequate to maintain the 2006 24-hour PM2.5 NAAQS in Muscatine County, Iowa. Iowa submitted its revised SIP to EPA on February 18, 2014. EPA believes that the SIP revision submitted by the state satisfies the applicable requirements of the Clean Air Act (CAA) identified in EPA’s SIP Call and the 2006 24-hour PM2.5 NAAQS and will keep the Muscatine area in attainment of the 35 microgram/cubic meter (ug/m3)PM 2.5 NAAQS. SUMMARY: Comments must be received on or before September 10, 2014. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– OAR–2014–0550, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: algoe-eakin.amy@epa.gov. 3. Mail, Hand Delivery or Courier: Amy Algoe-Eakin, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219. Instructions: Direct your comments to Docket ID No. EPA–R07–OAR–2014– 0550. EPA’s policy is that all comments received will be included in the public DATES: PART 117—DRAWBRIDGE OPERATION REGULATIONS § 117.287 BILLING CODE 9110–04–P PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket. All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas. EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Amy Algoe-Eakin at (913) 551–7942, or email her at algoe-eakin.amy@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. E:\FR\FM\11AUP1.SGM 11AUP1

Agencies

[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Proposed Rules]
[Pages 46740-46742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18868]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0436]
RIN 1625-AA09


Drawbridge Operation Regulations; Gulf Intracoastal Waterway, St. 
Petersburg Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the operating schedule that 
governs the Pinellas Bayway Structure ``E'' (SR 679) Bridge, Gulf 
Intracoastal Waterway mile 113.0, St. Petersburg Beach, FL. This 
proposal would extend the time period when the bridge is subject to 
periodic openings. During this extended time period the bridge will not 
open on demand.

DATES: Comments and related material must reach the Coast Guard on or 
before November 10, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0436 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://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 Mr. Gene Stratton, Seventh Coast Guard District, 
Bridge Branch, 305-415-6944, email allen.e.stratton@uscg.mil. If you 
have questions on viewing or submitting material to 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. 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 http://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-2014-0436), 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 (http://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 http://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 http://www.regulations.gov, 
type the docket number USCG-2014-0436 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 http://www.regulations.gov, 
type the docket number USCG-2014-0436 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. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish drawbridge regulations:
    33 U.S.C. 499. The proposed changes would relieve traffic 
congestion in St. Petersburg, FL by shortening the time period when the 
Pinellas Bayway Structure ``E'' (SR 679) is subject to on demand 
openings and it will extend the period when the Bridge is subject to 
scheduled periodic openings. The Tierra Verde Community Association, 
Inc. (``TVCA'') has requested an amendment to the Pinellas Bayway 
Structure ``E'' (SR 679) Bridge operating schedule to reduce increased 
vehicular traffic during peak hours. TVCA has indicated that the 
existing operating schedule severely impacts commute times for 
residents, businesses, and those seeking

[[Page 46741]]

recreational access to Fort Desoto Park. Accordingly, this rule is 
proposed to seek additional input before the operating schedule is 
changed.

C. Discussion of Proposed Rule

    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. 33 CFR 117.287(d)(4) 
states Pinellas 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.'' The proposed change would extend the time when the Bridge is 
not required to open on signal by two hours in the morning and evening. 
This proposed change would allow this Bridge to open on the hour and 
half-hour from 7 a.m. to 9 p.m., seven days a week.

D. 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.
    We believe this proposed 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 proposed 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 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 
transiting the Gulf Intracoastal Waterway.
    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 owners and 
operators.
    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 
section 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.

[[Page 46742]]

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 
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 (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: June 24, 2014.
J.H. Korn,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2014-18868 Filed 8-8-14; 8:45 am]
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