82_FR_10472 82 FR 10444 - Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Sarasota, FL

82 FR 10444 - Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Sarasota, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 28 (February 13, 2017)

Page Range10444-10446
FR Document2017-02896

The Coast Guard proposes to modify the operating schedule of four bridges across the Gulf Intracoastal Waterway; Stickney Point, mile 68.6, Siesta Drive, mile 71.6, Cortez, mile, 87.4 and Anna Maria, mile 89.2, Drawbridges, Sarasota, FL. The request was made to the Coast Guard to change the operation of four drawbridges due to an increase in vehicle traffic throughout these areas at all times of the year. This proposed rulemaking would change the bridges' operating schedule from a three times an hour opening schedule to a twice an hour opening schedule throughout the year.

Federal Register, Volume 82 Issue 28 (Monday, February 13, 2017)
[Federal Register Volume 82, Number 28 (Monday, February 13, 2017)]
[Proposed Rules]
[Pages 10444-10446]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02896]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0330]
RIN 1625-AA09


Drawbridge Operation Regulation; Gulf Intracoastal Waterway, 
Sarasota, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to modify the operating schedule of 
four bridges across the Gulf Intracoastal Waterway; Stickney Point, 
mile 68.6, Siesta Drive, mile 71.6, Cortez, mile, 87.4 and Anna Maria, 
mile 89.2, Drawbridges, Sarasota, FL. The request was made to the Coast 
Guard to change the operation of four drawbridges due to an increase in 
vehicle traffic throughout these areas at all times of the year. This 
proposed rulemaking would change the bridges' operating schedule from a 
three times an hour opening schedule to a twice an hour opening 
schedule throughout the year.

DATES: All comments and related material must be received by the Coast 
Guard on or before April 14, 2017.

ADDRESSES:  You may submit comments identified by docket number USCG-
2016-0330 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rule, call or email, LT Ashley Holm, Coast Guard Sector St 
Petersburg, Florida; telephone (813) 228-2191 x8105, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

[[Page 10445]]

II. Background, Purpose and Legal Basis

    The Metropolitan Planning Office for Sarasota and Manatee Counties, 
along with the concurrence of the local mayors, have requested that the 
Coast Guard consider changing the bridge operating regulations for four 
bridges in this area to allow for the increase of vehicular traffic 
which is no longer associated with just the tourist season as in the 
past. For this reason, the Coast Guard is proposing to change the four 
bridge schedules to provide for both the reasonable needs of navigation 
and those of land transportation. The bridge owner, Florida Department 
of Transportation, concurs with these recommendations.
    The current operating schedule for the Stickney Point Bridge, Gulf 
Intracoastal Waterway (GICW) mile 68.6, South Sarasota, Florida, opens 
on demand per 33 CFR 117.5. This bridge has a vertical clearance of 18 
feet in the closed position and a horizontal clearance of 90 feet 
between fenders. This proposed rulemaking recommends that this bridge 
be changed to a twice an hour schedule from 6 a.m. to 7 p.m. daily, 
opening on the hour and half-hour.
    The current operating regulation of the Siesta Drive Bridge, mile 
71.6 at Sarasota, Florida is published in 33 CFR 117.287(c). This 
bridge has a vertical clearance of 25 feet in the closed position and a 
horizontal clearance of 90 feet between fenders. This proposed 
rulemaking recommends that this drawbridge be changed to a twice an 
hour schedule from 6 a.m. to 7 p.m. daily, opening on the quarter hour 
and three-quarter hour.
    The current operating regulation of the Cortez (SR 684) Bridge, 
mile 87.4, is published in 33 CFR 117.287(d)(1). This drawbridge has a 
vertical clearance of 22 feet in the closed position and a horizontal 
clearance of 90 feet between fenders. This proposed rulemaking 
recommends that this drawbridge be changed to a twice an hour schedule 
from 6 a.m. to 7 p.m. daily, opening on the hour and half-hour.
    The current operating regulation of the Anna Maria (SR 64) (Manatee 
Avenue West) Bridge, mile 89.2, is published in 33 CFR 117.287(d)(2). 
This drawbridge has a vertical clearance of 24 feet in the closed 
position and a horizontal clearance of 90 feet between fenders. This 
proposed rulemaking recommends that this drawbridge be changed to a 
twice an hour schedule from 6 a.m. to 7 p.m. daily, opening on the hour 
and half-hour.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend the regulations of four 
drawbridges across the GCIW in the Sarasota County, Florida area. The 
proposed rulemakings would allow the bridges to open twice an hour 
rather than three times an hour or on-demand depending on the bridge to 
assist in reducing vehicular traffic problems.
    This rule proposes to amend 33 CFR 117.287 as follows:
    The Stickney Point Bridge, GICW mile 68.6, South Sarasota, Florida, 
will be added as paragraph (c)(1). This proposed rulemaking recommends 
that this bridge be changed to a twice an hour schedule from 6 a.m. to 
7 p.m. daily, opening on the hour and half-hour. This will align this 
bridge's schedule with the opening schedule of the other bridges to the 
north.
    The Siesta Drive Bridge, mile 71.6, at Sarasota, Florida, will be 
added as (c)(2). This proposed rulemaking recommends that this bridge 
be changed to a twice an hour schedule from 6 a.m. to 7 p.m. daily, 
opening on the quarter hour and three-quarter hour. This will align 
this bridge's schedule with the opening schedule of the other bridges 
to the north and south.
    Paragraph (d)(1) will be amended so that the Cortez (SR 684) 
Bridge, mile 87.4, opens twice an hour from 6 a.m. to 7 p.m. daily, 
opening on the quarter hour and three-quarter hour. This will align 
this bridge's schedule with the opening schedule of the other bridges 
to the north and south.
    Paragraph (d)(2) will be amended so that the Anna Maria (SR 64) 
(Manatee Avenue West) Bridge, mile 89.2, opens twice an hour from 6 
a.m. to 7 p.m. daily, opening on the quarter hour and three-quarter 
hour. This will align this bridge's schedule with the opening schedule 
of the other bridges to the south.
    These proposed changes will meet the reasonable needs of vessel 
traffic passing through the bridges while taking into account the 
reasonable needs of other modes of transportation.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulation change will not have a significant impact on 
navigation in this area as these proposed schedules will allow for 
vessels to pass through these bridges with minimum disruption. This 
regulatory action determination is further based on the ability that 
this meets the reasonable needs of both navigation and other modes of 
transportation. Vessels not requiring an opening may pass at any time.

B. 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 certifies under 5 U.S.C. 605(b), that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section IV.A 
above this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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 
section. The Coast Guard will

[[Page 10446]]

not retaliate against small entities that question or complain about 
this proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions which do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule simply promulgates 
the operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under paragraph 
32(e) of Figure 2-1 of Commandant Instruction M16475.1D.
    Under paragraph 32(e) of Figure 2-1 of Commandant Instruction 
M16475.1D, an environmental analysis checklist and a categorical 
exclusion determination are not required for this rule. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  117.287 by revising paragraphs (c), (d)(1), and (d)(2) 
as follows:


Sec.  117.287   Gulf Intracoastal Waterway.

* * * * *
    (c)(1) The Stickney Point Bridge, GICW mile 68.6, South Sarasota, 
Florida shall open on signal, except that from 6 a.m. to 7 p.m., daily, 
the draw need only open on the hour and half-hour.
    (c)(2) The draw of the Siesta Drive Bridge, mile 71.6 at Sarasota, 
Florida shall open on signal, except that from 6 a.m. to 7 p.m., daily, 
the draw need only open on the hour and half-hour.
    (d)(1) The draw of the Cortez (SR 684) Bridge, mile 87.4. The draw 
shall open on signal, except that from 6 a.m. to 7 p.m., daily, the 
draw need only open on the quarter hour and three-quarter hour.
    (d)(2) The draw of the 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., daily, the draw need only open on the quarter hour and 
three-quarter hour.
* * * * *

S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-02896 Filed 2-10-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                    10444

                                                    Proposed Rules                                                                                                Federal Register
                                                                                                                                                                  Vol. 82, No. 28

                                                                                                                                                                  Monday, February 13, 2017



                                                    This section of the FEDERAL REGISTER                    www.regulations.gov/                                  DEPARTMENT OF HOMELAND
                                                    contains notices to the public of the proposed          #!docketDetail;D=APHIS-2008-0076 or                   SECURITY
                                                    issuance of rules and regulations. The                  in our reading room, which is located in
                                                    purpose of these notices is to give interested                                                                Coast Guard
                                                                                                            room 1141 of the USDA South Building,
                                                    persons an opportunity to participate in the
                                                    rule making prior to the adoption of the final          14th Street and Independence Avenue
                                                                                                            SW., Washington, DC. Normal reading                   33 CFR Part 117
                                                    rules.
                                                                                                            room hours are 8 a.m. to 4:30 p.m.,
                                                                                                            Monday through Friday, except                         [Docket No. USCG–2016–0330]
                                                    DEPARTMENT OF AGRICULTURE                               holidays. To be sure someone is there to
                                                                                                            help you, please call (202) 799–7039                  RIN 1625–AA09
                                                    Animal and Plant Health Inspection                      before coming.
                                                    Service                                                                                                       Drawbridge Operation Regulation; Gulf
                                                                                                            FOR FURTHER INFORMATION CONTACT:     Dr.              Intracoastal Waterway, Sarasota, FL
                                                    7 CFR Parts 318, 319, 330, and 352                      Colin D. Stewart, Assistant Director,
                                                                                                            Pests, Pathogens, and Biocontrol                      AGENCY:   Coast Guard, DHS.
                                                    [Docket No. APHIS–2008–0076]
                                                                                                            Permits Branch, Plant Health Programs,                ACTION:   Notice of proposed rulemaking.
                                                    RIN 0579–AC98                                           PPQ, APHIS, 4700 River Road, Unit 133,
                                                                                                            Riverdale, MD 20737–1236; (301) 851–                  SUMMARY:   The Coast Guard proposes to
                                                    Plant Pest Regulations; Update of
                                                                                                            2237.                                                 modify the operating schedule of four
                                                    Provisions
                                                                                                                                                                  bridges across the Gulf Intracoastal
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    AGENCY:  Animal and Plant Health                                                                              Waterway; Stickney Point, mile 68.6,
                                                    Inspection Service, USDA.                                 On January 19, 2017, we published in                Siesta Drive, mile 71.6, Cortez, mile,
                                                    ACTION: Proposed rule; extension of                     the Federal Register (82 FR 6980–7005,                87.4 and Anna Maria, mile 89.2,
                                                    comment period.                                         Docket No. APHIS–2008–0076) a                         Drawbridges, Sarasota, FL. The request
                                                                                                            proposal to revise our regulations                    was made to the Coast Guard to change
                                                    SUMMARY:   We are extending the                         regarding the movement of plant pests                 the operation of four drawbridges due to
                                                    comment period for our proposed rule                    to propose criteria regarding the                     an increase in vehicle traffic throughout
                                                    that would revise our regulations                       movement and environmental release of                 these areas at all times of the year. This
                                                    regarding the movement of plant pests                   biological control organisms and to                   proposed rulemaking would change the
                                                    to propose criteria regarding the                       establish regulations to allow the                    bridges’ operating schedule from a three
                                                    movement and environmental release of                   importation and movement in interstate                times an hour opening schedule to a
                                                    biological control organisms, and to                    commerce of certain types of plant pests              twice an hour opening schedule
                                                    establish regulations to allow the                                                                            throughout the year.
                                                                                                            without restriction by granting
                                                    importation and movement in interstate
                                                                                                            exceptions from permitting                            DATES: All comments and related
                                                    commerce of certain types of plant pests
                                                                                                            requirements for those pests. We also                 material must be received by the Coast
                                                    without restriction by granting
                                                                                                            proposed to revise our regulations                    Guard on or before April 14, 2017.
                                                    exceptions from permitting
                                                    requirements for those pests. The                       regarding the movement of soil.                       ADDRESSES: You may submit comments
                                                    proposal would also revise our                            Comments on the proposed rule were                  identified by docket number USCG–
                                                    regulations regarding the movement of                   required to be received on or before                  2016–0330 using Federal eRulemaking
                                                    soil. This action will allow interested                 March 20, 2017. We are extending the                  Portal at http://www.regulations.gov.
                                                    persons additional time to prepare and                  comment period on Docket No. APHIS–                   See the ‘‘Public Participation and
                                                    submit comments.                                        2008–0076 for an additional 30 days.                  Request for Comments’’ portion of the
                                                    DATES: The comment period for the                       This action will allow interested                     SUPPLEMENTARY INFORMATION section
                                                    proposed rule published on January 19,                  persons additional time to prepare and                below for instructions on submitting
                                                    2017 (82 FR 6980) is extended. We will                  submit comments.                                      comments.
                                                    consider all comments that we receive                                                                         FOR FURTHER INFORMATION CONTACT:    If
                                                                                                              Authority: 7 U.S.C. 450, 7701–7772, 7781–
                                                    on or before April 19, 2017.                                                                                  you have questions about this proposed
                                                                                                            7786, and 8301–8317; 21 U.S.C. 136 and
                                                    ADDRESSES: You may submit comments                      136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and           rule, call or email, LT Ashley Holm,
                                                    by either of the following methods:                     371.3.                                                Coast Guard Sector St Petersburg,
                                                      • Federal eRulemaking Portal: Go to                                                                         Florida; telephone (813) 228–2191
                                                    http://www.regulations.gov/                               Done in Washington, DC, this 7th day of
                                                                                                                                                                  x8105, email Ashley.E.Holm@uscg.mil.
                                                    #!docketDetail;D=APHIS-2008-0076.                       February 2017.
                                                      • Postal Mail/Commercial Delivery:                    Michael C. Gregoire,                                  SUPPLEMENTARY INFORMATION:
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    Send your comment to Docket No.                         Acting Administrator, Animal and Plant                I. Table of Abbreviations
                                                    APHIS–2008–0076, Regulatory Analysis                    Health Inspection Service.
                                                                                                                                                                  CFR Code of Federal Regulations
                                                    and Development, PPD, APHIS, Station                    [FR Doc. 2017–02871 Filed 2–10–17; 8:45 am]           DHS Department of Homeland Security
                                                    3A–03.8, 4700 River Road Unit 118,                      BILLING CODE 3410–34–P                                FR Federal Register
                                                    Riverdale, MD 20737–1238.                                                                                     NPRM Notice of proposed rulemaking
                                                      Supporting documents and any                                                                                Pub. L. Public Law
                                                    comments we receive on this docket                                                                            § Section
                                                    may be viewed at http://                                                                                      U.S.C. United States Code



                                               VerDate Sep<11>2014   13:39 Feb 10, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\13FEP1.SGM   13FEP1


                                                                          Federal Register / Vol. 82, No. 28 / Monday, February 13, 2017 / Proposed Rules                                          10445

                                                    II. Background, Purpose and Legal                       III. Discussion of Proposed Rule                      necessary, to select regulatory
                                                    Basis                                                      The Coast Guard proposes to amend                  approaches that maximize net benefits.
                                                                                                            the regulations of four drawbridges                   Executive Order 13563 emphasizes the
                                                       The Metropolitan Planning Office for                                                                       importance of quantifying both costs
                                                    Sarasota and Manatee Counties, along                    across the GCIW in the Sarasota County,
                                                                                                            Florida area. The proposed rulemakings                and benefits, of reducing costs, of
                                                    with the concurrence of the local                                                                             harmonizing rules, and of promoting
                                                    mayors, have requested that the Coast                   would allow the bridges to open twice
                                                                                                                                                                  flexibility. This NPRM has not been
                                                    Guard consider changing the bridge                      an hour rather than three times an hour
                                                                                                                                                                  designated a ‘‘significant regulatory
                                                    operating regulations for four bridges in               or on-demand depending on the bridge
                                                                                                                                                                  action,’’ under Executive Order 12866.
                                                    this area to allow for the increase of                  to assist in reducing vehicular traffic
                                                                                                                                                                  Accordingly, the NPRM has not been
                                                    vehicular traffic which is no longer                    problems.
                                                                                                                                                                  reviewed by the Office of Management
                                                    associated with just the tourist season as                 This rule proposes to amend 33 CFR
                                                                                                                                                                  and Budget.
                                                    in the past. For this reason, the Coast                 117.287 as follows:                                      This regulation change will not have
                                                    Guard is proposing to change the four                      The Stickney Point Bridge, GICW mile               a significant impact on navigation in
                                                    bridge schedules to provide for both the                68.6, South Sarasota, Florida, will be                this area as these proposed schedules
                                                                                                            added as paragraph (c)(1). This                       will allow for vessels to pass through
                                                    reasonable needs of navigation and
                                                                                                            proposed rulemaking recommends that                   these bridges with minimum disruption.
                                                    those of land transportation. The bridge
                                                                                                            this bridge be changed to a twice an                  This regulatory action determination is
                                                    owner, Florida Department of
                                                                                                            hour schedule from 6 a.m. to 7 p.m.                   further based on the ability that this
                                                    Transportation, concurs with these
                                                                                                            daily, opening on the hour and half-                  meets the reasonable needs of both
                                                    recommendations.
                                                                                                            hour. This will align this bridge’s                   navigation and other modes of
                                                       The current operating schedule for the               schedule with the opening schedule of                 transportation. Vessels not requiring an
                                                    Stickney Point Bridge, Gulf Intracoastal                the other bridges to the north.                       opening may pass at any time.
                                                    Waterway (GICW) mile 68.6, South                           The Siesta Drive Bridge, mile 71.6, at
                                                    Sarasota, Florida, opens on demand per                  Sarasota, Florida, will be added as                   B. Impact on Small Entities
                                                    33 CFR 117.5. This bridge has a vertical                (c)(2). This proposed rulemaking                         The Regulatory Flexibility Act of 1980
                                                    clearance of 18 feet in the closed                      recommends that this bridge be changed                (RFA), 5 U.S.C. 601–612, as amended,
                                                    position and a horizontal clearance of                  to a twice an hour schedule from 6 a.m.               requires federal agencies to consider the
                                                    90 feet between fenders. This proposed                  to 7 p.m. daily, opening on the quarter               potential impact of regulations on small
                                                    rulemaking recommends that this bridge                  hour and three-quarter hour. This will                entities during rulemaking. The term
                                                    be changed to a twice an hour schedule                  align this bridge’s schedule with the                 ‘‘small entities’’ comprises small
                                                    from 6 a.m. to 7 p.m. daily, opening on                 opening schedule of the other bridges to              businesses, not-for-profit organizations
                                                    the hour and half-hour.                                 the north and south.                                  that are independently owned and
                                                       The current operating regulation of                     Paragraph (d)(1) will be amended so                operated and are not dominant in their
                                                    the Siesta Drive Bridge, mile 71.6 at                   that the Cortez (SR 684) Bridge, mile                 fields, and governmental jurisdictions
                                                    Sarasota, Florida is published in 33 CFR                87.4, opens twice an hour from 6 a.m.                 with populations of less than 50,000.
                                                    117.287(c). This bridge has a vertical                  to 7 p.m. daily, opening on the quarter               The Coast Guard certifies under 5 U.S.C.
                                                    clearance of 25 feet in the closed                      hour and three-quarter hour. This will                605(b), that this proposed rule would
                                                    position and a horizontal clearance of                  align this bridge’s schedule with the                 not have a significant economic impact
                                                    90 feet between fenders. This proposed                  opening schedule of the other bridges to              on a substantial number of small
                                                    rulemaking recommends that this                         the north and south.                                  entities.
                                                    drawbridge be changed to a twice an                        Paragraph (d)(2) will be amended so                   While some owners or operators of
                                                    hour schedule from 6 a.m. to 7 p.m.                     that the Anna Maria (SR 64) (Manatee                  vessels intending to transit the bridge
                                                    daily, opening on the quarter hour and                  Avenue West) Bridge, mile 89.2, opens                 may be small entities, for the reasons
                                                    three-quarter hour.                                     twice an hour from 6 a.m. to 7 p.m.                   stated in section IV.A above this
                                                                                                            daily, opening on the quarter hour and                proposed rule would not have a
                                                       The current operating regulation of
                                                                                                            three-quarter hour. This will align this              significant economic impact on any
                                                    the Cortez (SR 684) Bridge, mile 87.4, is
                                                                                                            bridge’s schedule with the opening                    vessel owner or operator.
                                                    published in 33 CFR 117.287(d)(1). This                                                                          If you think that your business,
                                                                                                            schedule of the other bridges to the
                                                    drawbridge has a vertical clearance of                                                                        organization, or governmental
                                                                                                            south.
                                                    22 feet in the closed position and a                                                                          jurisdiction qualifies as a small entity
                                                                                                               These proposed changes will meet the
                                                    horizontal clearance of 90 feet between                                                                       and that this rule would have a
                                                                                                            reasonable needs of vessel traffic
                                                    fenders. This proposed rulemaking                                                                             significant economic impact on it,
                                                                                                            passing through the bridges while taking
                                                    recommends that this drawbridge be                                                                            please submit a comment (see
                                                                                                            into account the reasonable needs of
                                                    changed to a twice an hour schedule                                                                           ADDRESSES) explaining why you think it
                                                                                                            other modes of transportation.
                                                    from 6 a.m. to 7 p.m. daily, opening on                                                                       qualifies and how and to what degree
                                                    the hour and half-hour.                                 IV. Regulatory Analyses                               this rule would economically affect it.
                                                       The current operating regulation of                    We developed this proposed rule after                  Under section 213(a) of the Small
                                                    the Anna Maria (SR 64) (Manatee                         considering numerous statutes and                     Business Regulatory Enforcement
                                                    Avenue West) Bridge, mile 89.2, is                      Executive Orders related to rulemaking.               Fairness Act of 1996 (Pub. L. 104–121),
                                                    published in 33 CFR 117.287(d)(2). This                 Below we summarize our analyses                       we want to assist small entities in
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                                                    drawbridge has a vertical clearance of                  based on these statutes and Executive                 understanding this proposed rule. If the
                                                    24 feet in the closed position and a                    Orders.                                               rule would affect your small business,
                                                    horizontal clearance of 90 feet between                                                                       organization, or governmental
                                                    fenders. This proposed rulemaking                       A. Regulatory Planning and Review                     jurisdiction and you have questions
                                                    recommends that this drawbridge be                         Executive Orders 12866 and 13563                   concerning its provisions or options for
                                                    changed to a twice an hour schedule                     direct agencies to assess the costs and               compliance, please contact the person
                                                    from 6 a.m. to 7 p.m. daily, opening on                 benefits of available regulatory                      listed in the FOR FURTHER INFORMATION
                                                    the hour and half-hour.                                 alternatives and, if regulation is                    CONTACT section. The Coast Guard will



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                                                    10446                 Federal Register / Vol. 82, No. 28 / Monday, February 13, 2017 / Proposed Rules

                                                    not retaliate against small entities that               preliminary determination that this                     For the reasons discussed in the
                                                    question or complain about this                         action is one of a category of actions                preamble, the Coast Guard proposes to
                                                    proposed rule or any policy or action of                which do not individually or                          amend 33 CFR part 117 as follows:
                                                    the Coast Guard.                                        cumulatively have a significant effect on
                                                                                                            the human environment. This proposed                  PART 117—DRAWBRIDGE
                                                    C. Collection of Information                            rule simply promulgates the operating                 OPERATION REGULATIONS
                                                      This proposed rule would call for no                  regulations or procedures for
                                                    new collection of information under the                                                                       ■ 1. The authority citation for part 117
                                                                                                            drawbridges. Normally such actions are
                                                    Paperwork Reduction Act of 1995 (44                                                                           continues to read as follows:
                                                                                                            categorically excluded from further
                                                    U.S.C. 3501–3520).                                      review, under paragraph 32(e) of Figure                 Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                                                                            2–1 of Commandant Instruction                         and Department of Homeland Security
                                                    D. Federalism and Indian Tribal                                                                               Delegation No. 0170.1.
                                                    Government                                              M16475.1D.
                                                                                                              Under paragraph 32(e) of Figure 2–1                 ■ 2. Amend § 117.287 by revising
                                                       A rule has implications for federalism               of Commandant Instruction M16475.1D,                  paragraphs (c), (d)(1), and (d)(2) as
                                                    under Executive Order 13132,                            an environmental analysis checklist and               follows:
                                                    Federalism, if it has a substantial direct              a categorical exclusion determination
                                                    effect on the States, on the relationship                                                                     § 117.287    Gulf Intracoastal Waterway.
                                                                                                            are not required for this rule. We seek
                                                    between the national government and                     any comments or information that may                  *     *     *     *     *
                                                    the States, or on the distribution of                   lead to the discovery of a significant                  (c)(1) The Stickney Point Bridge,
                                                    power and responsibilities among the                    environmental impact from this                        GICW mile 68.6, South Sarasota, Florida
                                                    various levels of government. We have                   proposed rule.                                        shall open on signal, except that from 6
                                                    analyzed this proposed rule under that                                                                        a.m. to 7 p.m., daily, the draw need only
                                                    Order and have determined that it is                    V. Public Participation and Request for               open on the hour and half-hour.
                                                    consistent with the fundamental                         Comments                                                (c)(2) The draw of the Siesta Drive
                                                    federalism principles and preemption                       We view public participation as                    Bridge, mile 71.6 at Sarasota, Florida
                                                    requirements described in Executive                     essential to effective rulemaking, and                shall open on signal, except that from 6
                                                    Order 13132.                                            will consider all comments and material               a.m. to 7 p.m., daily, the draw need only
                                                       Also, this proposed rule does not have               received during the comment period.                   open on the hour and half-hour.
                                                    tribal implications under Executive                     Your comment can help shape the                         (d)(1) The draw of the Cortez (SR 684)
                                                    Order 13175, Consultation and                           outcome of this rulemaking. If you                    Bridge, mile 87.4. The draw shall open
                                                    Coordination with Indian Tribal                         submit a comment, please include the                  on signal, except that from 6 a.m. to 7
                                                    Governments, because it would not have                  docket number for this rulemaking,                    p.m., daily, the draw need only open on
                                                    a substantial direct effect on one or                   indicate the specific section of this                 the quarter hour and three-quarter hour.
                                                    more Indian tribes, on the relationship                 document to which each comment                          (d)(2) The draw of the Anna Maria (SR
                                                    between the Federal Government and                      applies, and provide a reason for each                64) (Manatee Avenue West) Bridge, mile
                                                    Indian tribes, or on the distribution of                suggestion or recommendation.                         89.2. The draw shall open on signal,
                                                    power and responsibilities between the                     We encourage you to submit                         except that from 6 a.m. to 7 p.m., daily,
                                                    Federal Government and Indian tribes.                   comments through the Federal                          the draw need only open on the quarter
                                                    If you believe this proposed rule has                   eRulemaking Portal at http://                         hour and three-quarter hour.
                                                    implications for federalism or Indian                   www.regulations.gov. If your material                 *     *     *     *     *
                                                    tribes, please contact the person listed                cannot be submitted using http://                     S.A. Buschman,
                                                    in the FOR FURTHER INFORMATION                          www.regulations.gov, contact the person               Rear Admiral, U.S. Coast Guard, Commander,
                                                    CONTACT section.                                        in the FOR FURTHER INFORMATION                        Seventh Coast Guard District.
                                                                                                            CONTACT section of this document for
                                                    E. Unfunded Mandates Reform Act                                                                               [FR Doc. 2017–02896 Filed 2–10–17; 8:45 am]
                                                                                                            alternate instructions.
                                                                                                                                                                  BILLING CODE 9110–04–P
                                                      The Unfunded Mandates Reform Act                         We accept anonymous comments. All
                                                    of 1995 (2 U.S.C. 1531–1538) requires                   comments received will be posted
                                                    Federal Agencies to assess the effects of               without change to http://
                                                    their discretionary regulatory actions. In              www.regulations.gov and will include                  LEGAL SERVICES CORPORATION
                                                    particular, the Act addresses actions                   any personal information you have                     45 CFR Part 1609
                                                    that may result in the expenditure by a                 provided. For more about privacy and
                                                    State, local, or tribal government, in the              the docket, you may review a Privacy                  Fee-Generating Cases
                                                    aggregate, or by the private sector of                  Act notice regarding the Federal Docket
                                                    $100,000,000 (adjusted for inflation) or                Management System in the March 24,                    AGENCY:   Legal Services Corporation.
                                                    more in any one year. Though this                       2005, issue of the Federal Register (70               ACTION:   Notice of proposed rulemaking.
                                                    proposed rule will not result in such an                FR 15086).
                                                    expenditure, we do discuss the effects of                  Documents mentioned in this NPRM                   SUMMARY:    This proposed rule revises the
                                                    this proposed rule elsewhere in this                    as being available in the docket, and all             Legal Services Corporation (LSC or
                                                    preamble.                                               public comments, are in our online                    Corporation) regulation regarding fee-
                                                                                                            docket at http://www.regulations.gov                  generating cases. This proposed rule
                                                    F. Environment                                                                                                clarifies the definition of ‘‘fee-generating
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                            and can be viewed by following that
                                                      We have analyzed this proposed rule                   Web site’s instructions. Additionally, if             case,’’ clarifies that brief advice is
                                                    under Department of Homeland                            you go to the online docket and sign up               permitted by the regulation, and revises
                                                    Security Management Directive 023–01                    for email alerts, you will be notified                how a recipient accounts for attorneys’
                                                    and Commandant Instruction                              when comments are posted or a final                   fees awards.
                                                    M16475.lD, which guides the Coast                       rule is published.                                    DATES: Comments must be submitted by
                                                    Guard in complying with the National                                                                          March 15, 2017.
                                                    Environmental Policy Act of 1969 (42                    List of Subjects in 33 CFR Part 117                   ADDRESSES: You may submit comments
                                                    U.S.C. 4321–4370f), and have made a                       Bridges.                                            by any of the following methods:


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Document Created: 2017-02-11 00:58:54
Document Modified: 2017-02-11 00:58:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesAll comments and related material must be received by the Coast Guard on or before April 14, 2017.
ContactIf you have questions about this proposed rule, call or email, LT Ashley Holm, Coast Guard Sector St Petersburg, Florida; telephone (813) 228-2191 x8105, email [email protected]
FR Citation82 FR 10444 
RIN Number1625-AA09

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