Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Sarasota, FL, 41891-41893 [2017-18710]

Download as PDF Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ I. Table of Abbreviations Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. ■ 2. Revise § 117.324 to read as follows: § 117.324 Rice Creek. The CSX Railroad Swing Bridge, mile 0.8, in Putnam County, FL. shall open with a 24-hour advance notice to CSX at 1–800–232–0142. P.J. Brown, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2017–18708 Filed 9–1–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0330] RIN 1625–AA09 Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Sarasota, FL Coast Guard, DHS. ACTION: Final rule. AGENCY: The Coast Guard is modifying the operating schedule of four bridges across the Gulf Intracoastal Waterway (GICW); Stickney Point Drawbridge, mile 68.6, Siesta Drive Drawbridge, mile 71.6, Cortez Drawbridge, mile, 87.4, and Anna Maria Drawbridge, mile 89.2, in Sarasota, FL. The request was made to the Coast Guard to change the operation of four drawbridges due to an increase in vehicle traffic throughout these areas at all times of the year. This rulemaking would change the bridges’ operating mstockstill on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:52 Sep 01, 2017 Jkt 241001 schedules from a three times an hour opening schedule to a twice an hour opening schedule throughout the year. DATES: This rule is effective October 5, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0330. In the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email, Ms. Jennifer Zercher with the Seventh Coast Guard District Bridge Office; telephone (305) 415–6740, email Jennifer.N.Zercher@uscg.mil. SUPPLEMENTARY INFORMATION: CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register GICW Gulf Intracoastal Waterway OMB Office of Management and Budget NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History On February 13, 2017, we published a notice of proposed rulemaking (NPRM) entitled Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Sarasota, FL in the Federal Register (82 FR 10444). We received 125 comments on this rule. 118 comments were in favor of this regulation change and 7 were against this change. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 499. Stickney Point Bridge across the GICW, mile 68.6, at South Sarasota, Florida is a bascule bridge. This drawbridge has a vertical clearance of 18 feet in the closed position and a horizontal clearance of 90 feet between fenders. Presently, in accordance with 33 CFR 117.5, the Stickney Point Bridge is required to open on demand. Siesta Drive Bridge across the GICW, mile 71.6, at Sarasota, Florida is a bascule bridge. This drawbridge has a vertical clearance of 25 feet in the closed position and a horizontal clearance of 90 feet between fenders. Presently, in accordance with 33 CFR 117.287(c), the Siesta Drive Bridge is required to open on signal, except that from 6 a.m. to 7 p.m., the draw need only open on the hour, twenty minutes past the hour and forty minutes past the hour. On weekends and Federal holidays, from 11 a.m. to 6 p.m., the PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 41891 draw need open only on the hour, twenty minutes past the hour and forty minutes past the hour. Cortez (SR 684) Bridge across the GICW, mile 87.4, at Bradenton Beach, Florida is a bascule bridge. This drawbridge has a vertical clearance of 22 feet in the closed position and a horizontal clearance of 90 feet between fenders. Presently, in accordance with 33 CFR 117.287 (d)(1), the Cortez (SR 684) Bridge is required to open on signal, except that from 6 a.m. to 7 p.m., the draw need only open on the hour, 20 minutes after the hour, and 40 minutes after the hour. From January 15 to May 15, from 6 a.m. to 7 p.m., the draw need only open on the hour and half hour. Anna Maria (SR 64) (Manatee Avenue West) Bridge, mile 89.2, at Bradenton Beach, Florida is a bascule bridge. This drawbridge has a vertical clearance of 24 feet in the closed position and a horizontal clearance of 90 feet between fenders. Presently, in accordance with 33 CFR 117.287(d)(2), the Anna Maria (SR 64) (Manatee Avenue West) Bridge is required to open on signal, except that from 6 a.m. to 7 p.m., the draw need only open on the hour, 20 minutes after the hour, and 40 minutes after the hour. From January 15 to May 15, from 6 a.m. to 7 p.m., the draw need only open on the hour and half hour. The Metropolitan Planning Office for Sarasota and Manatee Counties, along with the concurrence of the local mayors, have requested that the Coast Guard consider changing the bridge operating regulations for four bridges in this area to accommodate a year-round increase of vehicular traffic. In the past, increased traffic was only associated with the tourist season. For this reason, the Coast Guard is modifying the four bridge schedules to provide for both the reasonable needs of navigation and those of land transportation. The bridge owner, Florida Department of Transportation, concurs with these recommendations. IV. Discussion of Comments, Changes and the Final Rule There were seven comments opposing the final rule. Six comments were against modifying the existing schedule and one comment suggested that even with this modified schedule the bridge will still open too often. Not allowing these bridges to open at least twice an hour would place an undue burden on the marine community. Two of the comments suggested the City/County/ State should look into putting in higher level bridges and do a traffic management study, as the problem is traffic control, not the bridge openings. E:\FR\FM\05SER1.SGM 05SER1 41892 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations These comments were directed to the bridge owner. Four comments stated that having vessels waiting for a halfhour for the bridge to open could be a safety concern. As the timing between bridge openings has been adjusted to accommodate traveling at a no wake speed between the bridges, vessels should not have to wait for longer than 5 to 10 minutes for an opening. Of these four comments sighting safety concerns, one commenter has posted the same concern twice. No adjustments have been made to this regulation based on the comments. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protesters. mstockstill on DSK30JT082PROD with RULES A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget (OMB) and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the ability that vessels can still transit the bridges during the scheduled openings. Vessels that can transit the bridge in the closed position may continue to do so. Public vessels of the United States and tugs with tows may request an opening at any time. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact VerDate Sep<11>2014 16:52 Sep 01, 2017 Jkt 241001 on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section V.A above, this final rule would not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). D. Federalism and Indian Tribal Government A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have made a determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule simply promulgates the operating regulations or procedures for drawbridges. This action is categorically excluded from further review, under figure 2–1, paragraph (32)(e), of the Instruction. A preliminary Record of Environmental Consideration and a Memorandum for the Record are not required for this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT; section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and Department of Homeland Security Delegation No. 0170.1. E:\FR\FM\05SER1.SGM 05SER1 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 2. Amend § 117.287 by revising paragraphs (c) and (d) to read as follows: ■ § 117.287 Gulf Intracoastal Waterway. * * * * * (c)(1) The Stickney Point Bridge, mile 68.6, at South Sarasota, Florida shall open on signal, except that from 6 a.m. to 7 p.m. daily, the draw need only open on the hour and half hour. (2) The draw of the Siesta Drive Bridge, mile 71.6, at Sarasota, Florida shall open on signal, except that from 6 a.m. to 7 p.m. daily, the draw need only open on the hour and half hour. (d)(1) The draw of the Cortez (SR 684) Bridge, mile 87.4, at Bradenton Beach, Florida shall open on signal, except that from 6 a.m. to 7 p.m. daily, the draw need only open on the quarter hour and three quarter hour. (2) The draw of the Anna Maria (SR 64) (Manatee Avenue West) Bridge, mile 89.2, at Bradenton Beach, Florida shall open on signal, except that from 6 a.m. to 7 p.m. daily, the draw need only open on the quarter hour and three quarter hour. * * * * * Dated: August 22, 2017. Peter J. Brown, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2017–18710 Filed 9–1–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0843] RIN 1625–AA00 Safety Zone; Dredging, Shark River, NJ Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone on a portion of Shark River, in Neptune City, NJ, from September 5, 2017, through September 23, 2017, while dredging operations are being conducted in the main navigational channel. This safety zone is necessary to provide for the safety of life on navigable waters during dredging operations and will restrict vessel traffic from transiting the main navigational channel. mstockstill on DSK30JT082PROD with RULES SUMMARY: This rule is effective from September 5, 2017 through September 23, 2017. DATES: VerDate Sep<11>2014 16:52 Sep 01, 2017 Jkt 241001 To view documents mentioned in this preamble as being available in the docket, go to, type USCG–2017–0843 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email Marine Science Technician Second Class Amanda Boone, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, Coast Guard; telephone (215) 271–4889, email Amanda.N.Boone@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code COTP Captain of the Port II. Background Information and Regulatory History Efforts to dredge the Shark River have been underway for well over a decade. After Superstorm Sandy, the need to dredge the river increased significantly due to sediment deposited by the storm, which impeded navigation within the channel. Mobile Dredging and Pumping Co. has been awarded the contract to restore the state channels to allow safe passage for recreational and commercial traffic. The sediment will be hydraulically dredged and piped via a secure welded pipeline to the selected dewatering locations. The purpose of this rule is to promote maritime safety and protect vessels from the hazards of dredge piping and dredge operations. The rule will temporarily restrict vessel traffic from transiting a portion of the Shark River while dredging operations are being conducted in the main navigational channel. The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the final details for this event were not PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 41893 received by the Coast Guard until August 25, 2017, and the dredging operation will begin September 5, 2017. The safety zone is needed by September 5, 2017, to ensure safe navigation of vessels transiting the Shark River, and it is impracticable to publish an NPRM and consider comments before that date. The dredge and dredge piping must be positioned in the main navigational channel in order for the dredging company to complete the proper dredging of the main navigational channel. Allowing this event to go forward without a safety zone in place would expose mariners and the public to unnecessary dangers associated with dredge piping and dredge operations. Therefore, it is imperative that there is a safety zone restricting traffic in this portion of the Shark River, in Neptune City, NJ. We are issuing this rule, and under 5 U.S.C. 553(d)(3) the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register for the reasons stated above. The Coast Guard expects that there will be an impact to vessel traffic during times when the navigational channel is restricted. However, there will be times throughout the project where vessel traffic is not restricted and traffic will be able to transit through the main navigational channel. Furthermore, notification of the waterway restrictions will be made by the contractor, Mobile Dredging and Pumping Co. Additionally the New Jersey Department of Transportation, Office of Marine Resources, will be conducting outreach to the local community. Notification of the safety zone and waterway restrictions will be made by the COTP via marine safety broadcast using VHF– FM channel 16 and through the Local Notice to Mariners. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The COTP Delaware Bay has determined that potential hazards are associated with dredge piping and dredge operations from September 5, 2017, through September 23, 2017. The rule is necessary to promote maritime safety and protect vessels from the hazards of dredge piping and dredge operations. The rule will have an impact to vessels transiting through the Shark River main navigational channel, from latitude 40°10′54.20″ N., longitude 74°1′51.05″ W., bounded by the eastern side of the channel and the western side of the channel, north, to latitude 40°11′6.87″ N., longitude 74° 1′53.54″ W., as vessels will be unable to transit E:\FR\FM\05SER1.SGM 05SER1

Agencies

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


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0330]
RIN 1625-AA09


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Sarasota, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is modifying the operating schedule of four 
bridges across the Gulf Intracoastal Waterway (GICW); Stickney Point 
Drawbridge, mile 68.6, Siesta Drive Drawbridge, mile 71.6, Cortez 
Drawbridge, mile, 87.4, and Anna Maria Drawbridge, mile 89.2, in 
Sarasota, FL. The request was made to the Coast Guard to change the 
operation of four drawbridges due to an increase in vehicle traffic 
throughout these areas at all times of the year. This rulemaking would 
change the bridges' operating schedules from a three times an hour 
opening schedule to a twice an hour opening schedule throughout the 
year.

DATES: This rule is effective October 5, 2017.

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

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

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

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.
    Stickney Point Bridge across the GICW, mile 68.6, at South 
Sarasota, Florida is a bascule bridge. This drawbridge has a vertical 
clearance of 18 feet in the closed position and a horizontal clearance 
of 90 feet between fenders. Presently, in accordance with 33 CFR 117.5, 
the Stickney Point Bridge is required to open on demand.
    Siesta Drive Bridge across the GICW, mile 71.6, at Sarasota, 
Florida is a bascule bridge. This drawbridge has a vertical clearance 
of 25 feet in the closed position and a horizontal clearance of 90 feet 
between fenders. Presently, in accordance with 33 CFR 117.287(c), the 
Siesta Drive Bridge is required to open on signal, except that from 6 
a.m. to 7 p.m., the draw need only open on the hour, twenty minutes 
past the hour and forty minutes past the hour. On weekends and Federal 
holidays, from 11 a.m. to 6 p.m., the draw need open only on the hour, 
twenty minutes past the hour and forty minutes past the hour.
    Cortez (SR 684) Bridge across the GICW, mile 87.4, at Bradenton 
Beach, Florida is a bascule bridge. This drawbridge has a vertical 
clearance of 22 feet in the closed position and a horizontal clearance 
of 90 feet between fenders. Presently, in accordance with 33 CFR 
117.287 (d)(1), the Cortez (SR 684) Bridge is required to open on 
signal, except that from 6 a.m. to 7 p.m., the draw need only open on 
the hour, 20 minutes after the hour, and 40 minutes after the hour. 
From January 15 to May 15, from 6 a.m. to 7 p.m., the draw need only 
open on the hour and half hour.
    Anna Maria (SR 64) (Manatee Avenue West) Bridge, mile 89.2, at 
Bradenton Beach, Florida is a bascule bridge. This drawbridge has a 
vertical clearance of 24 feet in the closed position and a horizontal 
clearance of 90 feet between fenders. Presently, in accordance with 33 
CFR 117.287(d)(2), the Anna Maria (SR 64) (Manatee Avenue West) Bridge 
is required to open on signal, except that from 6 a.m. to 7 p.m., the 
draw need only open on the hour, 20 minutes after the hour, and 40 
minutes after the hour. From January 15 to May 15, from 6 a.m. to 7 
p.m., the draw need only open on the hour and half hour.
    The Metropolitan Planning Office for Sarasota and Manatee Counties, 
along with the concurrence of the local mayors, have requested that the 
Coast Guard consider changing the bridge operating regulations for four 
bridges in this area to accommodate a year-round increase of vehicular 
traffic. In the past, increased traffic was only associated with the 
tourist season. For this reason, the Coast Guard is modifying the four 
bridge schedules to provide for both the reasonable needs of navigation 
and those of land transportation. The bridge owner, Florida Department 
of Transportation, concurs with these recommendations.

IV. Discussion of Comments, Changes and the Final Rule

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

[[Page 41892]]

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

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridges during the scheduled openings. 
Vessels that can transit the bridge in the closed position may continue 
to do so. Public vessels of the United States and tugs with tows may 
request an opening at any time.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this final rule would not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a 
determination that this action is one of a category of actions which do 
not individually or cumulatively have a significant effect on the human 
environment. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the For Further 
Information Contact; section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; and Department of 
Homeland Security Delegation No. 0170.1.


[[Page 41893]]



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


Sec.  117.287  Gulf Intracoastal Waterway.

* * * * *
    (c)(1) The Stickney Point Bridge, mile 68.6, at South Sarasota, 
Florida shall open on signal, except that from 6 a.m. to 7 p.m. daily, 
the draw need only open on the hour and half hour.
    (2) The draw of the Siesta Drive Bridge, mile 71.6, at Sarasota, 
Florida shall open on signal, except that from 6 a.m. to 7 p.m. daily, 
the draw need only open on the hour and half hour.
    (d)(1) The draw of the Cortez (SR 684) Bridge, mile 87.4, at 
Bradenton Beach, Florida shall open on signal, except that from 6 a.m. 
to 7 p.m. daily, the draw need only open on the quarter hour and three 
quarter hour.
    (2) The draw of the Anna Maria (SR 64) (Manatee Avenue West) 
Bridge, mile 89.2, at Bradenton Beach, Florida shall open on signal, 
except that from 6 a.m. to 7 p.m. daily, the draw need only open on the 
quarter hour and three quarter hour.
* * * * *

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