[Federal Register: March 1, 2004 (Volume 69, Number 40)]
[Rules and Regulations]
[Page 9550-9551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr04-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-03-072]
RIN 1625-AA09
Drawbridge Operation Regulations; Gulf Intracoastal Waterway,
Boca Grande, Charlotte County, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating regulations and the
name of the Gasparilla Island Causeway Bridge, across the Gulf
Intracoastal Waterway, mile 34.3, in Boca Grande, Florida. This rule
requires the bridge to open only two times an hour during the weekdays
and four times an hour during certain times on the weekends and Federal
holidays. This action will improve vehicular traffic movement, while
not unreasonably interfering with navigation.
DATES: This rule is effective March 31, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD07-03-072] and are available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 SE 1st
Avenue, Miami, Florida 33131, between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Manager,
Seventh Coast Guard District, Bridge Branch, (305) 415-6743.
SUPPLEMENTARY INFORMATION:
Regulatory History
On July 17, 2003, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled Drawbridge Operation Regulations; Gulf
Intracoastal Waterway, Boca Grande, Charlotte County, Florida in the
Federal Register (68 FR 42331). We received 10 comments on this NPRM.
No public hearing was requested, and none was held.
Background and Purpose
The Gasparilla Island Bridge Authority requested a change in the
regulations governing the operation and the name of the Gasparilla
Island Causeway Bridge. This is a swingbridge with a vertical clearance
of 9 feet at mean high water and a horizontal clearance of 81 feet. The
existing regulation for this bridge is published in 33 CFR 117.287(a-
1), and requires the bridge to open on signal; except that from January
1 to May 31, from 7 a.m. to 5 p.m., the bridge need open only on the
hour, quarter hour, half hour and three quarter hour. The owner
requested a change to the bridge operating schedule so that the bridge
would open on signal, except that from 7 a.m. to 6 p.m., Monday through
Friday, except Federal holidays, the bridge need open only on the hour
and half hour, and, from 7 a.m. to 6 p.m. on weekends and Federal
holidays, the bridge need open only on the hour, quarter hour, half
hour and three quarter hour. Tugs with tows, public vessels of the
United States and vessels in distress shall pass at any time. This
regulation will ease vehicular traffic congestion while providing for
the reasonable needs of navigation. The bridge currently opens less
than two times per hour on both weekends and weekdays.
In addition, the owner requested that the name of the bridge be
changed to the Boca Grande Swingbridge, as it is locally known. The
local name is more descriptive of the bridge's swingbridge design.
Discussion of Comments and Changes
We received 10 comments on the NPRM, 6 from the same company
against the rule change, citing that the period of closure was too long
for their vessels to wait and 4 from residents of Boca Grande in favor
of the rule change.
We have carefully considered the comments and decided not to change
the proposed rule. The bridge currently opens less than twice an hour,
and vessels transiting the area have ample opportunity to adjust to the
operating schedule. Additionally, there are numerous, sufficient safe
waiting areas in the vicinity.
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 is unnecessary. The rule only affects a
small percentage of vessel traffic through this bridge and provides
approximately the same amount of openings that the bridge's current
activity level exhibits.
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 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 might be
small entities: the owners or operators of vessels and vehicles
intending to transit under and over the Gasparilla Bridge during the
hours of 7 a.m. to 6 p.m., Monday through Friday, except Federal
holidays, and 7 a.m. to 6 p.m., weekends and Federal holidays. The rule
only affects a small percentage of vessel traffic through this bridge
and provides approximately the same amount of openings that the
bridge's current activity level exhibits.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding this rule so that they could better evaluate
its effects on them and participate in the rulemaking process. The
Coast Guard offered small businesses, organizations, or governmental
jurisdictions having questions concerning the rule's provisions or
options for compliance, to contact the person listed in FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine
[[Page 9551]]
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 effect 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 would not create an
environmental risk to health or risk to safety that might
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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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 rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction, from further
environmental documentation. Under figure 2-1, paragraph (32)(e), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); Section 117.255 also issued
under authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Section 117.287(a1) is revised to read as follows:
Sec. 117.287 Gulf Intracoastal Waterway.
* * * * *
(a-1) The draw of the Boca Grande Swingbridge, mile 34.3, shall
open on signal; except that, from 7 a.m. to 6 p.m., Monday through
Friday, except Federal holidays, the draw need open only on the hour
and half hour. On Saturday, Sunday and Federal holidays, from 7 a.m. to
6 p.m., the draw need open only on the hour, quarter hour, half hour
and three quarter hour.
* * * * *
Dated: February 13, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-4492 Filed 2-27-04; 8:45 am]
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