[Federal Register: June 23, 2006 (Volume 71, Number 121)]
[Rules and Regulations]
[Page 36010-36012]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn06-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-06-073]
RIN 1625-AA09
Drawbridge Operation Regulations; Pinellas Bayway Structure ``E''
(SR 679) Bridge, Gulf Intracoastal Waterway, Mile 113, St. Petersburg
Beach, Pinellas County, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the regulations
governing the operation of the Pinellas Bayway Structure ``E'' (SR 679)
Bridge, Gulf Intracoastal Waterway mile 113, St. Petersburg Beach,
Pinellas County, Florida. This rule is needed to provide vehicular
traffic relief during heavy vehicular traffic periods flowing into a
nearby county park, as well as meeting the reasonable needs of
mariners. This bridge will open on the hour and half hour, Friday, 2
p.m. until 6 p.m., Saturday, Sunday and Federal holidays from 9 a.m.
until 7 p.m. until October 29, 2006.
DATES: This rule is effective from June 23, 2006 until 7 p.m. on
October 29, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD07-06-073 and are available for
inspection or copying at Commander (dpb), Seventh Coast Guard District,
909 S.E. 1st Avenue, Room 432, Miami, FL 33131, between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer,
Seventh Coast Guard District, Bridge Branch, at (305) 415-6743.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NRPM) 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 was
impracticable and contrary to the public interest, because the rule is
needed to provide for vehicular traffic relief and provides provisions
for vessels to transit through the area twice per hour.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after Federal
Register publication. This rule provides for scheduled bridge openings
for vessels to transit through the bridge.
Background and Purpose
The Pinellas Bayway ``E'' (SR 679) Bridge, Gulf Intracoastal
Waterway mile 113, St. Petersburg Beach, Pinellas County, Florida,
currently opens on signal; except that, from 9 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. The bridge provides vehicular access into and out of a
popular county park.
Florida State Representative Rice's office, on behalf of the local
citizens, requested the Coast Guard change the current operation of the
bridge to two openings per hour during certain periods. The bridge will
be required to only open on the hour and half-hour Fridays from 2 p.m.
until 6 p.m. and Saturdays, Sundays and Federal holidays from 9 a.m.
until 7 p.m. Public vessels of the United States, tugs with tows and
vessels in distress shall be passed as necessary.
Discussion of Rule
The regulation was requested by Florida Representative Rice's
office on behalf of the residents of St. Petersburg Beach and will
provide temporary relief for vehicular traffic during periods of heavy
traffic traveling into and out of a nearby county park, while
continuing to provide for the reasonable needs of navigation. The
bridge will be required to only open on the hour and half-hour on
Fridays from 2 p.m. until 6 p.m. and on Saturdays, Sundays and Federal
holidays from 10 a.m. until 7 p.m. The draw shall open as necessary for
the passage of tugs with tows, public vessels of the United States and
vessels in distress.
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
[[Page 36011]]
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, because the rule will allow
for timed bridge openings.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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
would not have a significant economic impact on a substantial number of
small entities, because the regulations provide for bridge openings,
and 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 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. 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 FOR FURTHER
INFORMATION CONTACT.
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 would 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. 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. 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.
Regulations
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
[[Page 36012]]
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. From 2 p.m. on June 23, 2006, through 7 p.m. on October 29, 2006, in
Sec. 117.287, paragraph (d)(4) is suspended and paragraph (d)(3) is
added to read as follows:
Sec. 117.287 Gulf Intracoastal Waterway.
* * * * *
(d) * * *
(3) The draw of the Pinellas Bayway Structure ``E'' (SR 679)
bridge, mile 113 at St. Petersburg Beach shall open on signal; except
that on Fridays from 2 p.m. to 6 p.m., and on Saturday, Sunday and
Federal holidays from 9 a.m. to 7 p.m., the draw need only open on the
hour and half-hour. Public vessels of the United States, tugs with tows
and vessels in distress shall be passed as necessary.
* * * * *
Dated: June 12, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E6-9668 Filed 6-22-06; 8:45 am]
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