
[Federal Register: March 31, 2008 (Volume 73, Number 62)]
[Rules and Regulations]
[Page 16759-16761]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr08-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-0117]
RIN 1625-AA09


Drawbridge Operation Regulation; Gulf Intracoastal Waterway,
Bradenton Beach, FL, Schedule Change

AGENCY: Coast Guard, DHS.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is changing the operating regulations
governing the Cortez bridge mile 87.4 and the Anna Maria bridge mile
89.2 across the Gulf Intracoastal Waterway to allow for the
rehabilitation of the Anna Maria Bridge. This rule will allow each
bridge to open on a twice an hour schedule, except that they will be
closed to navigation in the evening; also each bridge will open once
every hour during the 45 day vehicle closure period on the Anna Maria
Bridge. This action is necessary for worker safety and will assist in
expediting the rehabilitation of the Anna Maria Bridge.

DATES: This temporary final rule is effective from 7 a.m. March 15,
2008 through 7 p.m. December 31, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0117 and are available online
at

[[Page 16760]]

www.regulations.gov. They are also available for inspection or copying
at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and Commander
(dpb), Seventh Coast Guard District, 909 SE. 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: If you have questions on this rule,
call Mr. Michael Lieberum, Bridge Branch, Seventh Coast Guard District,
at 305-415-6744. If you have questions on viewing the docket, call
Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-
9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The final pre-construction and
construction schedule were not provided to the Coast Guard with
sufficient time to publish an NPRM and receive public comment before
work began. The mayors of the surrounding cities, in coordination with
the bridge owner, the contractor and local marinas in the area provided
the Coast Guard with a finalized work schedule and suggested change in
the bridges operations that would best serve the concerns of the
surrounding communities and the contractor. In addition, the
communities in the vicinity of the Anna Maria and Cortez bridges were
informed of the bridge rehabilitation and proposed restrictions through
the use of the local media. Furthermore this regulation is necessary
for workers safety and will assist in expediting the rehabilitation of
the Anna Maria Bridge. Therefore publishing an NPRM and delaying the
start date of the rehabilitation project is contrary to the public
interest and unnecessary.
    Under 5 U.S.C. 553(d)(3), for the same reasons articulated in the
preceding paragraph, the Coast Guard finds that good cause exists for
making this rule effective in less than 30 days after publication in
the Federal Register.

Background and Purpose

    Due to the planned extensive rehabilitation of the Anna Maria
Bridge across the Gulf Intracoastal Waterway mile 89.2, Bradenton
Beach, Florida, the contractor requested that the Coast Guard change
the current operation of the Anna Maria Bridge and the Cortez Bridge.
The contractor also advised that it was necessary to start preparatory
work as soon as possible in order to complete some of the work prior to
the scheduled 45 days closure period to vehicular traffic. The Anna
Maria Bridge would be closed to vehicle traffic for 45 days starting on
September 29, 2008 and all vehicle traffic would be detoured to the
Cortez Bridge across the Gulf Intracoastal Waterway mile 87.4,
Bradenton Beach, Florida. The mayors of the surrounding cities
requested a meeting with all concerned to discuss alternative solutions
to alleviate possible vehicle traffic problems that could disrupt the
flow of vehicles transiting to and from Anna Maria Island. The meeting
sponsored by the local mayors was and held on November 28, 2007, and
allowed the Coast Guard to hear the concerns of the mayors and the
School Board which assisted in drafting this temporary rule.
    The current operating regulation for the Cortez Bridge 33 CFR
117.287(d)(1) states: 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 forty 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.
    The current operating regulation for the Anna Maria Bridge 33 CFR
117.287(d)(2) states: 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 forty 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.
    Based on the information received, the Coast Guard is changing the
regulations for these bridges so that they will remain on a twice an
hour schedule throughout the length of the rehabilitation, except they
will be closed to navigation in the evening and will open once an hour
during the day during the 45 day vehicle closure period. This action is
necessary to assist the local communities' vehicle traffic flow and the
contractor in completing the scheduled work in a timely manner.

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. The major impact of this rulemaking will
occur during the off season so as to have the least impact on the local
communities. Additionally, there is an alternate route available for
the majority of vessels to avoid the construction area.

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 action will not have a significant economic impact on a
substantial number of small entities as there is an alternate route
available for the majority of vessels to avoid the construction area.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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,

[[Page 16761]]

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.
    Under figures 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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.


0
2. From 7 a.m. on March 15, 2008, through 7 p.m. on December 31, 2008,
Sec.  117.287(d)(1) and Sec.  117.287(d)(2) are temporarily suspended
and temporary Sec.  117.287(d)(5) and temporary Sec.  117.287(d)(6) are
added to read as follows:


Sec.  117.287  Gulf Intracoastal Waterway.

    (d)(5) 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 shall open on the
hour and half-hour.
    From September 29, 2008 to November 13, 2008, the Cortez Bridge
will remain closed to navigation from 5:35 a.m. to 9:25 a.m., 1:35 p.m.
to 4:25 p.m. and 8 p.m. to 4:25 a.m. At all other times, this bridge
will open once an hour on the bottom of the hour.
    (6) The Anna Maria (SR 64) (Manatee Avenue West) Bridge, mile 89.2.
The draw shall open a single-leaf on signal; except that from 6 a.m. to
7 p.m., the draw shall open on the hour and half-hour. A double-leaf
opening will be available with a one-hour notice to the bridge tender.
From September 29, 2008 to November 13, 2008, the Anna Maria Bridge
will remain closed to navigation from 6 a.m. to 9 a.m., 2 p.m. to 5
p.m. and 8 p.m. to 5 a.m., at all other times, this bridge will open
once an hour on the top of the hour.
* * * * *

    Dated: March 12, 2008.
W.D. Lee,
Captain, U.S. Coast Guard, Commander Seventh Coast Guard District,
Acting.
[FR Doc. E8-6483 Filed 3-28-08; 8:45 am]

BILLING CODE 4910-15-P
