[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Rules and Regulations]
[Pages 2616-2618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-832]


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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

[[Page 2617]]

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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