[Federal Register: January 22, 2007 (Volume 72, Number 13)]
[Rules and Regulations]
[Page 2616-2618]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja07-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-05-097]
RIN 1625-AA09
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Anna
Maria, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating regulations
governing the Cortez (SR 684) Bridge and the Anna Maria (SR 64)
(Manatee Avenue West) Bridge across the Gulf Intracoastal Waterway,
miles 87.4 and 89.2 in Anna Maria, Manatee County, Florida. This rule
will require the drawbridges to open on signal, except during daytime
hours when the bridge will be on a 30-minute schedule during the winter
months and a 20-minute schedule for all other months.
DATES: This rule is effective February 21, 2007.
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 dockets (CGD07-05-097) and (Public Meeting CGD07-06-012)
and are 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:
Regulatory Information
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 28 comments on the proposed rule. On January 31, 2006, we
published an announcement of a public meeting entitled ``Announcement
of Public Meeting Regarding the Proposed Drawbridge Schedule Change for
the Anna Maria and Cortez Drawbridge, Anna Maria, FL,'' in the Federal
Register (71 FR 5033). The public meeting was held on March 29, 2006 at
Holmes Beach City Hall, 5801 Marina Drive, Holmes Beach, Florida.
On November 8, 2006, as a result of the previous comments received,
we published a supplemental notice of proposed rulemaking (SNPRM)
entitled ``Drawbridge Operation Regulations; Gulf Intracoastal
Waterway, Anna Maria, FL'' in the Federal Register (71 FR 65443). We
received two comments on this proposed rule; one in favor of the
proposed schedule and one against the new schedule.
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 draw to open on signal, except
that from 7 a.m. to 6 p.m., the draw 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
(Manatee Avenue West) bridges. The review was requested by city
officials because they believed the current drawbridge regulations were
not meeting the needs of vehicle traffic.
This rule is necessary to assist the local community in determining
additional corrective action that may be needed to alleviate the severe
vehicle traffic congestion on Anna Maria Island during the winter
season.
Discussion of Comments and Changes
The Coast Guard received 45 responses to the initial Notice of
Proposed Rulemaking and at the Public Meeting convened on March 29,
2006. The responses were supplied by 30 written comments and 15 oral
comments and several persons provided more than one comment per letter
or verbally. These responses consisted of 11 form letters in favor of
the proposal, six additional comments also in favor of the proposal,
seven comments against the morning and afternoon curfew hours, six
comments against the nighttime closures, two comments requesting
staggered hours between the two bridges rather than both opening on
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the same schedule, six comments requesting changes in the winter season
only and nine comments against the proposed 30-minute schedules. Two
comments suggested that there should be no regulations on these bridges
and that the bridges should open on demand.
Additionally, the Coast Guard received two responses to the
supplemental notice of proposed rulemaking (SNPRM). One response was in
favor of both drawbridges being placed on the same 30 minute schedule
and one comment was against placing both drawbridges on the same 30
minute schedule.
The Coast Guard thoroughly examined and considered all the comments
and made adjustments to the final rule. These bridges will remain on
the 20-minute opening schedule from 6 a.m. to 7 p.m. during the day and
both will operate on the 30-minute schedule from 6 a.m. to 7 p.m.
during the winter season from January 15 through May 15.
The Coast Guard considered placing these bridges on a staggered
schedule. However, this schedule would be impracticable as only a
limited number of vessels traveling at a high rate of speed would be
able to make the next scheduled bridge opening.
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.
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 proposed rule would affect the following entities, some
of which may be small entities: The owners or operators of vessels
needed 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 opening schedule.
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 could 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). The Coast Guard will not retaliate against small
entities that question or complain about the rule or any policy or
action of the Coast Guard.
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 this 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
[[Page 2618]]
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,
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 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 the authority of Pub. L. 102-587, 106 Stat. 5039.
0
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: January 5, 2007.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E7-832 Filed 1-19-07; 8:45 am]
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