Drawbridge Operation Regulation; Gulf Intracoastal Waterway, St. Petersburg Beach, FL, 14305-14307 [2015-06357]
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Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0164]
Drawbridge Operation Regulation;
York River, Yorktown and Gloucester
Point, VA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the draw of the
Coleman Memorial Bridge (US 17/
George P. Coleman Memorial Swing
Bridge) across the York River, mile 7.0,
between Gloucester Point and
Yorktown, VA. This deviation is
necessary to facilitate maintenance work
on the moveable spans on the Coleman
Memorial Bridge. This temporary
deviation allows the drawbridge to
remain in the closed to navigation
position.
DATES: This deviation is effective from
7 a.m. on March 29, 2015 to 5 p.m. on
April 4, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0164] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Jim
Rousseau, Bridge Administration
Branch Fifth District, Coast Guard;
telephone (757) 398–6557, email
James.L.Rousseau2@uscg.mil. If you
have questions on reviewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION: The
Virginia Department of Transportation,
who owns and operates this swing
bridge, has requested a temporary
deviation from the current operating
regulation set out in 33 CFR 117.1025,
to facilitate maintenance of the
moveable spans on the structure.
Under the regular operating schedule,
the Coleman Memorial Bridge, mile 7.0,
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SUMMARY:
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between Gloucester Point and
Yorktown, VA, opens on signal except
from 5 a.m. to 8 a.m. and 3 p.m. to 7
p.m. Monday through Friday, except
Federal holidays, the bridge shall
remain closed to navigation. The
Coleman Memorial Bridge has vertical
clearances in the closed position of 60
feet above mean high water.
Under this temporary deviation, the
drawbridge will be closed to navigation
from 7 a.m. to 5 p.m. on Sunday March
29, 2015; with an inclement weather
date from 7 a.m. to 5 p.m. on Sunday
April 4, 2015. The bridge will operate
under normal operating schedule at all
other times. Emergency openings cannot
be provided. There are no alternate
routes for vessels transiting this section
of the York River. Vessels able to pass
under the bridge in the closed position
may do so at anytime and are advised
to proceed with caution. All other
vessels may pass before 7 a.m. and after
5 p.m.
The York River is used by a variety of
vessels including military, tugs, and
recreational vessels. The Coast Guard
has carefully coordinated the
restrictions with these waterway users.
The Coast Guard will also inform
additional waterway users through our
Local and Broadcast Notices to Mariners
of the closure periods for the bridge so
that vessels can arrange their transits to
minimize any impacts caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: March 10, 2015.
James L. Rousseau,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2015–06465 Filed 3–18–15; 8:45 am]
14305
The Coast Guard is modifying
the operating schedule that governs the
Pinellas Bayway Structure ‘‘E’’ (SR 679)
Bridge, Gulf Intracoastal Waterway mile
113.0, St. Petersburg Beach, FL. This
will extend the time period when the
bridge is subject to periodic closings.
During this extended time period the
bridge will not open on demand.
DATES: This rule is effective April 20,
2015.
SUMMARY:
Documents mentioned in
this preamble are part of docket [USCG–
2014–0436]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Robert Glassman, Seventh
Coast Guard District, Bridge Branch,
305–415–6946, email
Robert.s.glassman@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Acronyms
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
A. Regulatory History and Information
33 CFR Part 117
On August 11, 2014, we published a
notice of proposed rulemaking (NPRM)
entitled, ‘‘Drawbridge Operation
Regulations; Gulf Intracoastal
Waterway, St Petersburg Beach, FL’’ in
the Federal Register (79 FR 46740). We
received 173 comments on the proposed
rule. No public meeting was requested,
and none was held.
[Docket No. USCG–2014–0436]
B. Basis and Purpose
RIN 1625–AA09
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. The current regulation, 33
CFR 117.287(d)(4), states Pinellas
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Drawbridge Operation Regulation; Gulf
Intracoastal Waterway, St. Petersburg
Beach, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations
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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.’’
This modification will extend the time
by two hours in the morning and two
hours in the evening, allowing this
Bridge to open on the hour and halfhour from 7 a.m. to 9 p.m., seven days
a week and continue to open on demand
all other times.
C. Discussion of Comments, Changes
and the Final Rule
Of the 173 comments received, 171
were in favor of extending the half-hour
schedule by two hours in the morning
and two hours in the evening. Two
comments opposed extending the
scheduled opening period.
Two commenters asked if afternoon
scheduled openings should end prior to
9 p.m. Vehicles exiting Fort de Soto
Park to the mainland must use Pinellas
Bayway Structure ‘‘E’’ Bridge. Fort de
Soto Park closes at 8:30 p.m. Extending
scheduled openings until 9 p.m. will
reduce traffic for departing park visitors.
One commenter indicated that one
hour is too long to wait for a bridge
opening. This rule will provide for
passage two times in an hour during the
period of scheduled openings. From 7
a.m. to 9 p.m. the bridge will open on
the hour and on the half hour.
One commenter voiced concern for
the safety of vessels transiting to a dock
or marina in a storm. Other comments
recommended extending scheduled
openings for the entire day, in part
because it serves as a means of ingress
and egress for emergency vehicles.
Under Title 33 Code of Federal
Regulations, Section 117.31,
drawtenders are required to make
reasonable efforts to have drawspans
closed for emergency vehicles and
opened for vessels in distress or seeking
shelter from severe weather.
One commenter asked for an
exception for boat parades. If an
extended closure period is necessary for
a special event, the bridge owner may
request a temporary change to the
drawbridge operating schedule.
No changes were made to the
proposed regulatory text as a result of
the comments. Therefore, paragraph
(d)(4) of 33 CFR 117.287 will be revised
to require opening 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.
This rule will not unreasonably
impact navigation. Both vehicle traffic
and vessel traffic may need to adjust
schedules to ensure that they are not
unreasonably delayed.
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D. Regulatory Analyses
We developed this 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 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 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 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 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.
This rule would affect the following
entities, some of which might be small
entities: The owners or operators of
vessels transiting the Gulf Intracoastal
Waterway. However, 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
vessel owners and operators.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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Fairness Act of 1996 (Public Law 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.
4. 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).
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
analyzed this rule under that Order and
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
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Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations
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.
8. Taking of Private Property
This rule will 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 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 rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
environment. 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.
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
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:
■
§ 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: February 27, 2015.
J. H. Korn,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2015–06357 Filed 3–18–15; 8:45 am]
12. Energy Effects
BILLING CODE 9110–04–P
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
DEPARTMENT OF HOMELAND
SECURITY
13. Technical Standards
33 CFR Part 117
This rule does not use technical
standards; therefore, we did not
consider the use of voluntary consensus
standards.
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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 concluded that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
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Coast Guard
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[Docket No. USCG–2015–0170]
Drawbridge Operation Regulation;
Lake Washington Ship Canal, Seattle,
WA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Washington
State Department of Transportation
Montlake Bridge across the Lake
Washington Ship Canal, mile 5.2, at
Seattle, WA. This deviation allows the
bridge to remain in the closed-to-
SUMMARY:
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14307
navigation position to accommodate the
safe movement of ‘‘Beat the Bridge Run’’
event participants.
DATES: This deviation is effective from
7:30 a.m. on May 17, 2015 to 9 a.m. on
May 17, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0170] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. If you have
questions on viewing the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Washington State Department of
Transportation requested a temporary
deviation from the operating schedule,
33 CFR 117.1051, for the Montlake
Bridge across the Lake Washington Ship
Canal, mile 5.2, at Seattle, WA. The
requested deviation is necessary to
accommodate safe movement of ‘‘Beat
the Bridge Run’’ event participants. This
deviation allows the bridge to remain in
the closed-to-navigation position. This
deviation is effective from 7:30 a.m. on
May 17, 2015 to 9 a.m. on May 17, 2015.
The Montlake Bridge crosses the Lake
Washington Ship Canal at mile 5.2 and
while in the closed position provides 30
feet of vertical clearance throughout the
navigation channel and 46 feet of
vertical clearance throughout the center
60-feet of the bridge; vertical clearance
referenced to the Mean Water Level of
Lake Washington. Vessels able to pass
through the bridge in the closed
position may do so at anytime. The
bridge will be able to open for
emergencies and there is no immediate
alternate route for vessels to pass.
Waterway users on the Lake Washington
Ship Canal range from commercial tug
and barge to small pleasure craft. The
Coast Guard will also inform the users
of the waterway through our Local and
Broadcast Notice to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
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]]>Agencies
[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Rules and Regulations]
[Pages 14305-14307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06357]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2014-0436]
RIN 1625-AA09
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, St.
Petersburg Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Pinellas Bayway Structure ``E'' (SR 679) Bridge, Gulf
Intracoastal Waterway mile 113.0, St. Petersburg Beach, FL. This will
extend the time period when the bridge is subject to periodic closings.
During this extended time period the bridge will not open on demand.
DATES: This rule is effective April 20, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0436]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Robert Glassman, Seventh Coast Guard District, Bridge
Branch, 305-415-6946, email Robert.s.glassman@uscg.mil. If you have
questions on viewing 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. Regulatory History and Information
On August 11, 2014, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulations; Gulf Intracoastal
Waterway, St Petersburg Beach, FL'' in the Federal Register (79 FR
46740). We received 173 comments on the proposed rule. No public
meeting was requested, and none was held.
B. Basis and Purpose
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. The current regulation,
33 CFR 117.287(d)(4), states Pinellas
[[Page 14306]]
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.'' This
modification will extend the time by two hours in the morning and two
hours in the evening, allowing this Bridge to open on the hour and
half-hour from 7 a.m. to 9 p.m., seven days a week and continue to open
on demand all other times.
C. Discussion of Comments, Changes and the Final Rule
Of the 173 comments received, 171 were in favor of extending the
half-hour schedule by two hours in the morning and two hours in the
evening. Two comments opposed extending the scheduled opening period.
Two commenters asked if afternoon scheduled openings should end
prior to 9 p.m. Vehicles exiting Fort de Soto Park to the mainland must
use Pinellas Bayway Structure ``E'' Bridge. Fort de Soto Park closes at
8:30 p.m. Extending scheduled openings until 9 p.m. will reduce traffic
for departing park visitors.
One commenter indicated that one hour is too long to wait for a
bridge opening. This rule will provide for passage two times in an hour
during the period of scheduled openings. From 7 a.m. to 9 p.m. the
bridge will open on the hour and on the half hour.
One commenter voiced concern for the safety of vessels transiting
to a dock or marina in a storm. Other comments recommended extending
scheduled openings for the entire day, in part because it serves as a
means of ingress and egress for emergency vehicles. Under Title 33 Code
of Federal Regulations, Section 117.31, drawtenders are required to
make reasonable efforts to have drawspans closed for emergency vehicles
and opened for vessels in distress or seeking shelter from severe
weather.
One commenter asked for an exception for boat parades. If an
extended closure period is necessary for a special event, the bridge
owner may request a temporary change to the drawbridge operating
schedule.
No changes were made to the proposed regulatory text as a result of
the comments. Therefore, paragraph (d)(4) of 33 CFR 117.287 will be
revised to require opening 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.
This rule will not unreasonably impact navigation. Both vehicle
traffic and vessel traffic may need to adjust schedules to ensure that
they are not unreasonably delayed.
D. Regulatory Analyses
We developed this 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 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 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 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 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.
This rule would affect the following entities, some of which might
be small entities: The owners or operators of vessels transiting the
Gulf Intracoastal Waterway. However, 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 vessel owners and operators.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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.
4. 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).
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 analyzed this rule under that Order and 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
[[Page 14307]]
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.
8. Taking of Private Property
This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action 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 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 concluded
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 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.
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; 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: February 27, 2015.
J. H. Korn,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2015-06357 Filed 3-18-15; 8:45 am]
BILLING CODE 9110-04-P
