[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Rules and Regulations]
[Pages 53805-53807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20118]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-04-031]
RIN 1625-AA09
Drawbridge Operation Regulation; Massalina Bayou, Panama City, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary rule.
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SUMMARY: The Commander, Eighth Coast Guard District, has temporarily
changed the regulation governing the operation of the Tarpon Dock
bascule span drawbridge across Massalina Bayou, mile 0.0, at Panama
City, Bay County, Florida. The regulation will allow the draw of the
bridge to remain closed to navigation for one hour to facilitate the
American Heart Walk.
DATES: This temporary rule is effective from 9 a.m. to 10 a.m. on
October 30, 2004.
ADDRESSES: Documents referred to in this rule are available for
inspection or copying at the office of the Eighth Coast Guard District,
Bridge Administration Branch, 500 Poydras Street, New Orleans,
Louisiana 70130-3310, between 7 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. The telephone number is (504) 589-2965. The
Eighth District Bridge Administration Branch maintains the public
docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration
Branch, (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Good Cause for Not Publishing an NPRM
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Thousands of pedestrians will
cross the bridge during the event and this temporary rule is necessary
to ensure their safety as they cross the bridge. Additionally, the
event will only impact the waterway users for one hour and will open
for vessels in distress.
Background and Purpose
The City of Panama City has requested a temporary rule changing the
operation of the Tarpon Dock bascule span drawbridge across Massalina
Bayou, mile 0.0, in Panama City, Bay County, Florida. This temporary
rule is needed to accommodate approximately 2,000 pedestrians that are
expected to participate in a 3.5-mile walk. The bridge is near the
beginning of the walk and allowing the bridge to open for navigation
during this short time period would disrupt the event and could result
in injury. The bridge has a vertical clearance of 7 feet above mean
high water in the closed-to-navigation position and unlimited in the
open-to-navigation position. Navigation on the waterway consists
primarily of commercial fishing vessels, sailing vessels and other
recreational craft. Presently, Title 33, Code of Federal Regulations
(CFR), Part 117.301 states: The draw of the Tarpon Dock bascule span
bridge, Massalina Bayou, mile 0.0, shall open on signal; except that
from 9 p.m. until 11 p.m. on July 4, each year, the draw need not open
for the passage of vessels. The draw will open at any time for a vessel
in distress. This temporary rule will allow the bridge to be maintained
in the closed-to-
[[Page 53806]]
navigation position from 9 a.m. to 10 a.m. on October 30, 2004 to
facilitate the American Heart Walk.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
This temporary rule will be only one hour in duration and is
therefore expected to have only a minor affect on the local economy.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 temporary
rule will not have a significant economic impact on a substantial
number of small entities.
This rule may affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
through the Tarpon dock bridge across Massalina Bayou during the
closure. There is not expected to be a significant impact due to the
short duration of the closure and the publicity given the event.
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process.
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).
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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 the preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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 cause an
environmental risk to health or risk to safety that may
disproportionately affect children.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under 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 there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this temporary rule is categorically excluded,
under figure 2-1, paragraph (32)(e), of the Instruction, from further
environmental documentation because
[[Page 53807]]
it modifies an existing bridge operation regulation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Effective 9 a.m. until 10 a.m. on October 30, 2004, Sec. 117.301 is
temporarily suspended and a new Sec. 117.T302 is added to read as
follows:
Sec. 117.T302 Massalina Bayou.
The draw of the Tarpon Dock bascule span bridge, Massalina Bayou,
mile 0.0, shall open on signal; except that from 9 a.m. until 10 a.m.
on October 30, 2004, the draw need not open for the passage of vessels.
The draw will open at any time for a vessel in distress.
Dated: August 19, 2004.
R.F. Duncan,
Rear Admiral, U. S. Coast Guard, Commander, Eighth Coast Guard
District.
[FR Doc. 04-20118 Filed 9-2-04; 8:45 am]
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