[Federal Register Volume 73, Number 6 (Wednesday, January 9, 2008)]
[Rules and Regulations]
[Pages 1495-1497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-191]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. CGD07-07-107]
RIN 1625-AA09
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Mile
131.8, Clearwater, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating regulations
governing the Belleair Beach Bridge, Gulf Intracoastal Waterway, mile
131.8, Clearwater, Florida. This rule will allow the bridge to open on
signal, except that from 7 a.m. to 7 p.m. this bridge will open on the
hour and half-hour. This action is necessary for workers' safety and
will assist in expediting the construction of the new bridge.
DATES: This rule is effective February 8, 2008.
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 [Docket No. CGD07-07-107] and are available for
inspection or copying at Commander (dpb), Seventh Coast Guard District,
909 S.E. 1st Avenue, Room 432, Miami, Florida 33131-3028, 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 Administration Branch, telephone number 305-415-
6744.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 18, 2007, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Gulf Intracoastal
Waterway, mile 131.8, Clearwater, FL in the Federal Register, 72 FR
33423-33425. We received no comments on the proposed rule. No public
meeting was requested, and none was held.
Background and Purpose
The existing regulation of the draw requires that the Belleair
Beach Bridge, mile 131.8, Clearwater, FL shall open on signal; except
that, from 12 noon to 6 p.m., on Saturdays, Sundays, and holidays, the
draw need open only on the hour, quarter hour, half hour, and three-
quarter hour.
Due to the construction of the new Belleair Beach high level fixed
bridge, ECDriver, representing the owner of the bridge, requested that
the Coast Guard change the current operation of the Belleair Beach
Bridge. The bridge will be required to open twice an hour from 7 a.m.
to 7 p.m. In addition, the waterway may be restricted or closed for
short periods to allow for construction of the new bridge. Exact times
and dates of any waterway restrictions and closures and bridge
restrictions will be published in the Local Notice to Mariners and
Broadcast Notice to Mariners. In cases of emergency, the bridge will be
opened as soon as possible. This regulation is necessary for workers
safety and will assist in expediting construction of the new bridge.
Once the new Belleair Beach high level fixed bridge is near completion,
we will propose to remove the regulation for the old drawbridge, as it
will no longer be necessary.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking (NPRM). For this reason no changes were made to the
proposed regulation.
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
[[Page 1496]]
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 would affect the following entities, some of which
may be small entities: The owners or operators of vessels needing to
transit the Gulf Intracoastal Waterway in the vicinity of the Belleair
Beach Bridge, persons intending to drive over the bridge, and nearby
business owners. The revision to the openings schedule would not have a
significant impact on a substantial number of small entities. Although
bridge openings will be restricted, vessel traffic will still be able
to transit the Gulf Intracoastal Waterway 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 this 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 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.lD,
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.
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.
0
2. Revise Sec. 117.287(i) to read as follows:
Sec. 117.287 Gulf Intracoastal Waterway.
* * * * *
[[Page 1497]]
(i) The draw of the Belleair Beach Drawbridge, mile 131.8,
Clearwater, FL shall open on signal, except that from 7 a.m. to 7 p.m.,
the bridge shall open on the hour and half-hour.
* * * * *
Dated: December 10, 2007.
William D. Lee,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard.
[FR Doc. E8-191 Filed 1-8-08; 8:45 am]
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