Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 14305 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0164] 

Drawbridge Operation Regulation; 

York River, Yorktown and Gloucester 

Point, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the draw of the 

Coleman Memorial Bridge (US 17/

George P. Coleman Memorial Swing 

Bridge) across the York River, mile 7.0, 

between Gloucester Point and 

Yorktown, VA. This deviation is 

necessary to facilitate maintenance work 

on the moveable spans on the Coleman 

Memorial Bridge. This temporary 

deviation allows the drawbridge to 

remain in the closed to navigation 

position. 

DATES: This deviation is effective from 

7 a.m. on March 29, 2015 to 5 p.m. on 

April 4, 2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2015–0164] is 

available at 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 deviation. 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 on this temporary 

deviation, call or email Mr. Jim 

Rousseau, Bridge Administration 

Branch Fifth District, Coast Guard; 

telephone (757) 398–6557, email 

James.L.Rousseau2@uscg.mil. If you 

have questions on reviewing the docket, 

call Cheryl Collins, Program Manager, 

Docket Operations, (202) 366–9826. 

SUPPLEMENTARY INFORMATION: The 

Virginia Department of Transportation, 

who owns and operates this swing 

bridge, has requested a temporary 

deviation from the current operating 

regulation set out in 33 CFR 117.1025, 

to facilitate maintenance of the 

moveable spans on the structure. 

Under the regular operating schedule, 

the Coleman Memorial Bridge, mile 7.0, 

between Gloucester Point and 

Yorktown, VA, opens on signal except 

from 5 a.m. to 8 a.m. and 3 p.m. to 7 

p.m. Monday through Friday, except 

Federal holidays, the bridge shall 

remain closed to navigation. The 

Coleman Memorial Bridge has vertical 

clearances in the closed position of 60 

feet above mean high water. 

Under this temporary deviation, the 

drawbridge will be closed to navigation 

from 7 a.m. to 5 p.m. on Sunday March 

29, 2015; with an inclement weather 

date from 7 a.m. to 5 p.m. on Sunday 

April 4, 2015. The bridge will operate 

under normal operating schedule at all 

other times. Emergency openings cannot 

be provided. There are no alternate 

routes for vessels transiting this section 

of the York River. Vessels able to pass 

under the bridge in the closed position 

may do so at anytime and are advised 

to proceed with caution. All other 

vessels may pass before 7 a.m. and after 

5 p.m. 

The York River is used by a variety of 

vessels including military, tugs, and 

recreational vessels. The Coast Guard 

has carefully coordinated the 

restrictions with these waterway users. 

The Coast Guard will also inform 

additional waterway users through our 

Local and Broadcast Notices to Mariners 

of the closure periods for the bridge so 

that vessels can arrange their transits to 

minimize any impacts caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: March 10, 2015. 

James L. Rousseau, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2015–06465 Filed 3–18–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2014–0436] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Gulf 

Intracoastal Waterway, St. Petersburg 

Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is modifying 

the operating schedule that governs the 

Pinellas Bayway Structure ‘‘E’’ (SR 679) 

Bridge, Gulf Intracoastal Waterway mile 

113.0, St. Petersburg Beach, FL. This 

will extend the time period when the 

bridge is subject to periodic closings. 

During this extended time period the 

bridge will not open on demand. 

DATES: This rule is effective April 20, 

2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2014–0436]. 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 on this rule, call or 

email Mr. Robert Glassman, Seventh 

Coast Guard District, Bridge Branch, 

305–415–6946, email 

Robert.s.glassman@uscg.mil. If you have 

questions on 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 

§ Section Symbol 

U.S.C. United States Code 

A. Regulatory History and Information 

On August 11, 2014, we published a 

notice of proposed rulemaking (NPRM) 

entitled, ‘‘Drawbridge Operation 

Regulations; Gulf Intracoastal 

Waterway, St Petersburg Beach, FL’’ in 

the Federal Register (79 FR 46740). We 

received 173 comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

B. Basis and Purpose 

The Pinellas Bayway Structure ‘‘E’’ 

Bridge provides a vertical clearance of 

25 feet at mean high water in the closed 

position and a horizontal clearance of 

89 feet. Vessels with a height of less 

than 25 feet may pass through the bridge 

at any time. The current regulation, 33 

CFR 117.287(d)(4), states Pinellas 


Rmajette on DSK2VPTVN1PROD with RULES
14306 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 

Bayway Structure ‘‘E’’ (SR 679) bridge, 

mile 113.0 at St. Petersburg Beach ‘‘shall 

open on signal, except that from 9 a.m. 

to 7 p.m. the draw need open only on 

the hour and 30 minutes past the hour.’’ 

This modification will extend the time 

by two hours in the morning and two 

hours in the evening, allowing this 

Bridge to open on the hour and halfhour from 7 a.m. to 9 p.m., seven days 

a week and continue to open on demand 

all other times. 

C. Discussion of Comments, Changes 

and the Final Rule 

Of the 173 comments received, 171 

were in favor of extending the half-hour 

schedule by two hours in the morning 

and two hours in the evening. Two 

comments opposed extending the 

scheduled opening period. 

Two commenters asked if afternoon 

scheduled openings should end prior to 

9 p.m. Vehicles exiting Fort de Soto 

Park to the mainland must use Pinellas 

Bayway Structure ‘‘E’’ Bridge. Fort de 

Soto Park closes at 8:30 p.m. Extending 

scheduled openings until 9 p.m. will 

reduce traffic for departing park visitors. 

One commenter indicated that one 

hour is too long to wait for a bridge 

opening. This rule will provide for 

passage two times in an hour during the 

period of scheduled openings. From 7 

a.m. to 9 p.m. the bridge will open on 

the hour and on the half hour. 

One commenter voiced concern for 

the safety of vessels transiting to a dock 

or marina in a storm. Other comments 

recommended extending scheduled 

openings for the entire day, in part 

because it serves as a means of ingress 

and egress for emergency vehicles. 

Under Title 33 Code of Federal 

Regulations, Section 117.31, 

drawtenders are required to make 

reasonable efforts to have drawspans 

closed for emergency vehicles and 

opened for vessels in distress or seeking 

shelter from severe weather. 

One commenter asked for an 

exception for boat parades. If an 

extended closure period is necessary for 

a special event, the bridge owner may 

request a temporary change to the 

drawbridge operating schedule. 

No changes were made to the 

proposed regulatory text as a result of 

the comments. Therefore, paragraph 

(d)(4) of 33 CFR 117.287 will be revised 

to require opening on signal, except that 

from 7 a.m. to 9 p.m. the draw need 

open only on the hour and 30 minutes 

past the hour. 

This rule will not unreasonably 

impact navigation. Both vehicle traffic 

and vessel traffic may need to adjust 

schedules to ensure that they are not 

unreasonably delayed. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes or 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, and 

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 vessels may 

still transit the Bridge at scheduled 

intervals and these changes will 

continue to meet the reasonable needs 

of navigation. Therefore, the rule will 

only have a minor impact on vessels 

transiting the Gulf Intracoastal 

Waterway in the vicinity of St. 

Petersburg Beach, Florida. 

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 transiting the Gulf Intracoastal 

Waterway. However, this action will not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons: Vessels that 

can safely transit under the Bridge may 

do so at any time. Vessels unable to 

transit under the Bridge will be able to 

transit the Bridge at specific intervals 

which can be taken into account by 

vessel owners and operators. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 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 

analyzed this rule under that Order and 

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 


Rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 14307 

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, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed 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), and 

have concluded that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. 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 

■ 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. 

■ 2. In § 117.287, revise paragraph (d)(4) 

to read as follows: 

§ 117.287 Gulf Intracoastal Waterway. 

* * * * * 

(d) * * * 

(4) Pinellas Bayway Structure ‘‘E’’ (SR 

679) bridge, mile 113.0 at St. Petersburg 

Beach. The draw shall open on signal, 

except that from 7 a.m. to 9 p.m. the 

draw need open only on the hour and 

30 minutes past the hour. 

* * * * * 

Dated: February 27, 2015. 

J. H. Korn, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2015–06357 Filed 3–18–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0170] 

Drawbridge Operation Regulation; 

Lake Washington Ship Canal, Seattle, 

WA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Washington 

State Department of Transportation 

Montlake Bridge across the Lake 

Washington Ship Canal, mile 5.2, at 

Seattle, WA. This deviation allows the 

bridge to remain in the closed-tonavigation position to accommodate the 

safe movement of ‘‘Beat the Bridge Run’’ 

event participants. 

DATES: This deviation is effective from 

7:30 a.m. on May 17, 2015 to 9 a.m. on 

May 17, 2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2015–0170] is 

available at 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 deviation. 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 on this temporary 

deviation, call or email Mr. Steven 

Fischer, Bridge Administrator, 

Thirteenth Coast Guard District; 

telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. If you have 

questions on viewing the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Washington State Department of 

Transportation requested a temporary 

deviation from the operating schedule, 

33 CFR 117.1051, for the Montlake 

Bridge across the Lake Washington Ship 

Canal, mile 5.2, at Seattle, WA. The 

requested deviation is necessary to 

accommodate safe movement of ‘‘Beat 

the Bridge Run’’ event participants. This 

deviation allows the bridge to remain in 

the closed-to-navigation position. This 

deviation is effective from 7:30 a.m. on 

May 17, 2015 to 9 a.m. on May 17, 2015. 

The Montlake Bridge crosses the Lake 

Washington Ship Canal at mile 5.2 and 

while in the closed position provides 30 

feet of vertical clearance throughout the 

navigation channel and 46 feet of 

vertical clearance throughout the center 

60-feet of the bridge; vertical clearance 

referenced to the Mean Water Level of 

Lake Washington. Vessels able to pass 

through the bridge in the closed 

position may do so at anytime. The 

bridge will be able to open for 

emergencies and there is no immediate 

alternate route for vessels to pass. 

Waterway users on the Lake Washington 

Ship Canal range from commercial tug 

and barge to small pleasure craft. The 

Coast Guard will also inform the users 

of the waterway through our Local and 

Broadcast Notice to Mariners of the 

change in operating schedule for the 

bridge so that vessels can arrange their 


Rmajette on DSK2VPTVN1PROD with RULES