
[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Rules and Regulations]
[Pages 41642-41644]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16844]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0848]
RIN 1625-AA09


Drawbridge Operation Regulations; Gulf Intracoastal Waterway, 
Venice, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Hatchett Creek (US-41) Twin Bridges, Gulf Intracoastal 
Waterway mile 56.9, Venice, FL. Changing the operational schedule of 
the Hatchett Creek (US-41) Twin Bridges will allow the 8 hour, Sarasota 
Iron Man Triathlon to occur annually without being interrupted. This 
event is anticipated to be scheduled annually on the second Sunday of 
November, from 9 a.m. to 5 p.m.

DATES: This rule is effective August 18, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0848]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
call or email Ms. Danielle Mauser, Seventh Coast Guard District, Bridge 
Branch, 305-415-6946, email Danielle.L.Mauser2@uscg.mil. If you have 
questions about viewing the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On November 21, 2013, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulations; Gulf Intracoastal 
Waterway, Venice, FL'' in the Federal Register (78 FR 69803). No 
comments on the proposed rule were received. No public meeting was 
requested or held.

B. Basis and Purpose

    The changes will have a minor impact on vessels transiting the Gulf 
Intracoastal Waterway in the vicinity of Venice, Florida, but will 
still meet the reasonable needs to navigation. This action will 
accommodate the Sarasota Iron Man Triathlon held annually on the second 
Sunday of November.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received. This rule will allow the Hatchett Creek 
Bridge to remain closed to navigation for eight hours for an annual 
event. This rule will revise paragraph (b) in 33 CFR 117.287 to include 
this eight hour closure for the second Sunday in November annually. The 
Hatchett Creek (US-41) Bridge provides a vertical clearance of 16 feet 
at mean high water in the closed position and a horizontal clearance of 
90 feet. Vessels with a height of less than 16 feet may pass through 
the bridge at any time. The Gulf of Mexico is the only alternative 
route, and this route would be unacceptable for certain classes of 
vessels such as tugs and barges.

D. Regulatory Analyses

    The rule was developed after considering numerous statutes and 
executive orders related to rulemaking. Below is a summary of the 
analysis based on the aforementioned statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review. It does not require an assessment of potential costs 
and benefits under section 6(a)(3) of Order 12866 or under section 1 of 
Executive Order 13563. The Office of Management and Budget has not 
reviewed it under those Orders.
    This rule is not a significant regulatory action because it will 
only have a minor impact on vessels transiting the Gulf Intracoastal 
Waterway in the vicinity of Venice, Florida and it will still meet the 
reasonable needs of navigation.

[[Page 41643]]

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. 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 might 
be small entities: The owners or operators of vessels needing the draw 
to open for safe transit under the bridge from 9 a.m. to 5 p.m. on the 
second Sunday of November each year.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect for eight hours annually. Vessels that can 
safely transit under the bridge may do so at any time. Before the 
effective period, the Coast Guard will issue maritime advisories widely 
available to users of the river.

3. 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. If the 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 the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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 does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, the use of 
voluntary consensus standards was not considered.

14. Environment

    After analyzing this rule under Department of Homeland Security 
Management Directive 023-01 and 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), it has been concluded 
that this action is among a category of actions, that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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. In Sec.  117.287, revise paragraph (b) to read as follows:


Sec.  117.287  Gulf Intracoastal Waterway.

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[[Page 41644]]

    (b) The draw of the Hatchett Creek (US-41) bridge, mile 56.9 at 
Venice, shall open on signal, except that, from 7 a.m. to 4:20 p.m., 
Monday through Friday except Federal holidays, the draw need open only 
on the hour, 20 minutes after the hour, and 40 minutes after the hour 
and except between 4:25 p.m. and 5:25 p.m. when the draw need not open. 
On Saturdays, Sundays, and Federal holidays from 7:30 a.m. to 6 p.m. 
the draw need open only on the hour, quarter-hour, half-hour, and three 
quarter-hour. This bridge need not open to navigation on the second 
Sunday of November annually, from 9 a.m. to 5 p.m., to facilitate the 
Iron Man Triathlon event.
* * * * *

    Dated: June 18, 2014.
J.H. Korn,
Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 2014-16844 Filed 7-16-14; 8:45 am]
BILLING CODE 9110-04-P


