[Federal Register: May 16, 2005 (Volume 70, Number 93)]
[Rules and Regulations]
[Page 25781-25783]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my05-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-05-041]
RIN 1625-AA09
Drawbridge Operation Regulation; Gulf Intracoastal Waterway,
Treasure Island, Pinellas County, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard modified the regulations that govern the
operation of the Treasure Island Causeway Bridge. The change allows for
daily bridge openings every 20-minutes from 7 a.m. to 7 p.m. This
regulation should improve vehicular traffic movement while the Treasure
Island Causeway Bridge is undergoing repairs and will not unreasonably
interfere with vessel movement.
DATES: This rule is effective from May 16, 2005 until 7 p.m. on
November 1, 2006.
ADDRESSES: Documents referred to in this preamble as being available in
the docket are part of docket [CGD07-05-041] and are available for
inspection or copying at Commander (obr), Seventh Coast Guard District,
909 SE 1st Avenue, Room 432, Miami, Florida 33131-3050, between 7:30
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Project Manager,
Seventh Coast Guard District, Bridge Branch, (305) 415-6747.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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. Publishing an NPRM is contrary
to the public interest, as massive vehicular traffic congestion has
resulted from bridge openings coupled with construction on the Treasure
Island Causeway Bridge. The increased traffic congestion threatens
public safety and this regulation reduces public risk by lengthening
the time between bridge openings.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register for the same reasons noted above.
Background and Purpose
The Treasure Island Causeway Bridge, which crosses the Boca Ciega
Bay in the City of Treasure Island, Pinellas County, Florida, is being
replaced. As a result of this construction, bridge openings have caused
vehicular delay that far exceeds the normal travel time for this
bridge. The City of Treasure Island Transportation Director requested
we temporarily amend the current bridge schedule and lengthen the time
between bridge openings during the remainder of the construction
period. We have reviewed the Transportation Director's request and have
determined that modifying the current regulation to allow for bridge
openings every 20-minutes, vice 15-minutes, greatly reduces massive
vehicular backups while providing for the reasonable needs of
navigation.
Discussion of Rule
The existing operating regulation in 33 CFR 117.287(g) requires the
bridge to open on signal, except that from 7 a.m. to 7 p.m. the draw
need open only on the hour, quarter hour, half hour and three quarter
hour. This regulation would modify the existing schedule, on a
temporary basis to cover the remainder of the construction period, and
require the bridge to open on the hour, twenty minutes past the hour
and forty minutes past the hour from 7 a.m. to 7 p.m.
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). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation is unnecessary,
as this rule will not significantly affect the current pattern of
marine traffic through the bridge and will provide for the reasonable
needs of navigation.
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
[[Page 25782]]
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 because the regulation will not significantly affect the
current pattern of marine traffic through the bridge and will provide
for the reasonable needs of navigation.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If this 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. 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 expenditure, we do
discuss the effects of this rule elsewhere in this 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 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. 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 M16475.1D,
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 because it is an amendment to a drawbridge regulation.
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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. In Sec. 117.287, from May 16, 2005 through November 1, 2006,
suspend paragraph (g) and add paragraph (k) to read as follows:
Sec. 117.287 Gulf Intracoastal Waterway.
* * * * *
(k) The draw of the Treasure Island Causeway bridge, mile 119.0,
shall open on signal, except that from 7 a.m. to 7 p.m. the draw need
open only on the hour, 20 minutes past the hour, and 40
[[Page 25783]]
minutes past the hour. From 11 p.m. to 7 a.m. the draw shall open on
signal if at least 10 minutes advance notice is given.
Dated: May 6, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 05-9638 Filed 5-13-05; 8:45 am]
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