[Federal Register: November 8, 2006 (Volume 71, Number 216)]
[Proposed Rules]
[Page 65443-65445]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no06-22]
[[Page 65443]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-05-097]
RIN 1625-AA09
Drawbridge Operation Regulations; Gulf Intracoastal Waterway,
Anna Maria, FL
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing a supplemental change to its
notice of proposed rulemaking for modifying the Cortez and Anna Maria
drawbridge operating regulations. This supplemental notice of proposed
rulemaking is necessary to address written concerns from the public
regarding the original notice of proposed rulemaking and oral comments
received during a public meeting. Additionally, city officials from
Anna Maria, Brandenton Beach and Longboat Key contributed their input
to this rulemaking in an effort to relieve vehicular congestion on the
above bridges.
DATES: Comments and related material must reach the Coast Guard on or
before December 8, 2006
ADDRESSES: You may mail comments and related material to Commander
(dpb), Seventh Coast Guard District, 909 SE 1st Avenue, Room 432,
Miami, Florida 33131-3050. Commander (dpb) maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at Commander (dpb), Seventh Coast Guard District,
909 SE 1st Avenue, Room 432, Miami, Florida 33131-3050 between 8 a.m.
and 4:30 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Seventh Coast
Guard District, Bridge Branch, telephone number 305-415-6744.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD07-05-
097], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8 by 11 inches, suitable for copying. If you would like to know they
reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold another public meeting. But you may
submit a request for a meeting by writing to Bridge Branch, Seventh
Coast Guard District at the address under ADDRESSES explaining why one
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
The existing regulations of the Cortez (SR 684) Bridge, mile 87.4,
and Anna Maria (SR 64) Bridge, mile 89.2 at Anna Maria, published in 33
CFR 117.287(d)(1) and (2) require the draws to open on signal, except
that from 7 a.m. to 6 p.m., the draws need open only on the hour,
twenty minutes past the hour and forty minutes past the hour if vessels
are present.
On June 1, 2005, the city officials of Holmes Beach, in cooperation
with the cities of Anna Maria and Bradenton Beach and the Town of
Longboat Key, requested that the Coast Guard review the existing
regulations governing the operation of the Cortez and Anna Maria
Bridges due to their concern that the current drawbridge regulations
were not meeting the needs of vehicle traffic.
On August 16, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Gulf Intracoastal
Waterway, Anna Maria, FL in the Federal Register (70 FR 48091). We
received 30 comments on the proposed rule. A public meeting was held on
March 29, 2006, in Holmes Beach, Florida. Approximately 40 people
attended the meeting and 15 people provided oral comments.
On May 15, 2006, based on comments received from the public, the
Mayors of the Cities of Anna Maria, Bradenton Beach and Holmes Beach
unanimously agreed to request the bridge openings be restricted to
half-hour openings from January 15th through May 15th each year.
Discussion of Comments and Changes
The Coast Guard received a total of 45 comments to the Notice of
Proposed Rulemaking and the Public Meeting. The responses were supplied
by 30 written comments and 15 oral comments. A few of the commenters,
both verbal and written, commented on several different aspects of the
proposed regulation.
We received 18 responses in favor of the proposal, 7 comments
against the morning and afternoon curfew hours, 6 comments against the
nighttime closures, 2 comments requested staggered hours between the
two bridges rather than both opening on the same schedule, 6 comments
for changes in the winter season only and 9 comments against the
proposed 30-minute schedules. Two comments suggested that there should
be no regulations on these bridges and they should open on demand.
Discussion of Proposed Rule
This proposed rule would require the Cortez (SR 684) and Anna Maria
(SR 64) bridges, miles 87.4 and 89.2, at Anna Maria to open on signal,
except that from May 16 through January 14, from 6 a.m. to 7 p.m., the
draw need open only on the hour, twenty minutes past the hour and forty
minutes past the hour. From January 15 through May 15, the draws need
open only on the hour and half-hour from 6 a.m. to 7 p.m. The objective
of this revision is to improve vehicle traffic flow on SR 684 and SR
64, especially during peak periods of increased road congestion.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. This is
because vessel traffic will still be able to transit the Intracoastal
Waterway in the vicinity of the Cortez and Anna Maria bridges pursuant
to the revised openings schedule.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have
[[Page 65444]]
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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which may be small entities: The owners or operators
of vessels needing to transit the Intracoastal Waterway in the vicinity
of the Cortez and Anna Maria bridges, persons intending to drive over
the bridges, and nearby business owners. The revision to the openings
schedule would not have a significant impact on a substantial number of
small entities. Vehicle traffic and small business owners in the area
might benefit from the improved traffic flow that regularly scheduled
openings will offer this area. Although bridge openings will be less
frequent, vessel traffic will still be able to transit the Intracoastal
Waterway in the vicinity of the Cortez and Anna Maria bridges pursuant
to the revised openings schedule.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to the
Seventh Coast Guard District Bridge Branch at the address under
ADDRESSES explaining why you think it qualifies and how and to what
degree this proposed rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Seventh Coast Guard District
Bridge Branch at the address under ADDRESSES. 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.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 proposed 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, and Department of Homeland Security Management Directive
5100.1, 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 preliminary determination 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, we believe that this rule should
be 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
[[Page 65445]]
List'' and a ``Categorical Exclusion Determination'' are not required
for this rule. However, comments on this section will be considered
before the final rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; 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.
2. Revise Sec. 117.287(d)(1) and (2) to read as follows:
Sec. 117.287 Gulf Intracoastal Waterway.
* * * * *
(d)(1) Cortez (SR 684) Bridge, mile 87.4. The draw shall 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.
(2) Anna Maria (SR 64) (Manatee Avenue West) Bridge, mile 89.2. The
draw shall 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.
* * * * *
Dated: October 24, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E6-18799 Filed 11-7-06; 8:45 am]
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