[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Rules and Regulations]
[Pages 41642-41644]
From the Federal Register Online via the Government Publishing 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 [email protected]. 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]
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