

[Federal Register: January 9, 2008 (Volume 73, Number 6)]
[Rules and Regulations]               
[Page 1495-1497]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja08-3]                         

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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]

BILLING CODE 4910-15-P
