Drawbridge Operation Regulations; Gulf Intracoastal Waterway, Florida

[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Rules and Regulations]
[Pages 16350-16351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8202]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-98-083]
RIN 2115AE 47


Drawbridge Operation Regulations; Gulf Intracoastal Waterway, 
Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with request for comments.

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SUMMARY: The Coast Guards is temporarily changing the regulations 
governing the operation of the Boca Grande Bridge, mile 34.3 at 
Placida. This change is being made because of concerns expressed by the 
bridgeowner about vehicle traffic congestion at the tollbooth near the 
bridge. The toll collection facilities are expected to be improved 
prior to the year 2000 winter season, therefore this rule will only be 
in effect for the remainder of the 1999 winter season. This proposal 
will accommodate the needs of vehicle traffic and still provide for the 
reasonable needs of navigation.

DATES: This temporary rule will be in effect from March 5, 1999, until 
May 31, 1999. Comments must be received on or before June 4, 1999.

ADDRESSES: Comments must be mailed to Commander (oan) Seventh Coast 
Guard District, 909 SE 1st Avenue, Miami, Florida 33131-3050, or may be 
delivered to room 406 at the above address between 7:30 a.m. and 4 p.m. 
Monday through Friday, except federal holidays. The comments received 
will be available for inspection and copying at room 406 at the same 
address and times.

FOR FURTHER INFORMATION CONTACT: Mr. Walt Paskowsky, Project Manager, 
Bridge Section, (305) 536-4103.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views or arguments. Persons 
submitting comments should include their names and addresses, identify 
the rulemaking [CGD07-98-083] and the specific section of this rule to 
which each comment applies, and give the reason for each comment.
    The Coast Guard will consider all comments received during the 
comment period. It may change this rule in view of the comments 
received. The Coast Guard plans no public hearing. Persons may request 
a public hearing by writing to the address under ADDRESSES. The request 
should include the reasons why a hearing would be beneficial. If it 
determines that the opportunity for oral presentations will aid this 
rulemaking, the Coast Guard will hold a public hearing at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    The existing regulation 33 CFR 117.287(a-1) requires the bridge to 
open on signal except that from January 1 to May 31, from 10 a.m. to 5 
p.m., the draw need open only on the hour, quarter-hour, half-hour, and 
three quarter-hour. The Coast Guard is temporarily changing the time 
the bridge is on scheduled openings because of vehicle congestion at 
the bridge tollbooth during the winter season. Because the toll 
facilities are expected to be improved prior to the year 2000 winter 
season, the Coast Guard is temporarily adding three additional hours of 
scheduled opening times for the winter 1999 season. This temporary rule 
will allow the 15 minutes schedule start at 7 a.m. vice 10 a.m. until 5 
p.m. This action should improve the flow of highway traffic through the 
tollbooth during the morning commuter periods without unreasonably 
impacting navigation.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
was not published for this regulation and good cause exists for making 
it effective in less than 30 days after Federal Register publication. 
Publishing a NPRM and delaying its effective date would be contrary to 
public interests as the Coast Guard was just advised of the problems at 
the bridge by the bridgeowner, and immediate action is needed to 
alleviate the congestion at the bridge prior to the new tollbooths 
being constructed.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of the order. It has 
been exempted from review by the Office of Management and Budget under 
that order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
The regulations will only increase waiting times for vessels by a 
maximum of 15 minutes.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for-profit organizations that 
are independently owned and operated and are not dominant in their 
field and governmental jurisdictions with populations of less than 
50,000.
    Therefore, the Coast Guard certifies under section 605(b) that this 
rule will not have a significant effect upon a substantial number of 
small entities as the vessels involved will only have to wait a maximum 
of an additional 15 minutes.

Federalism

    The Coast Guard has analyzed the rule under the principles and 
criteria contained in Executive Order 12612, and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard considered the environmental impact of this rule 
and has concluded under Figure 2-1, paragraph 32 of Commandant 
Instruction M16475.1C, that the promulgation of operating requirements 
or procedures for drawbridges is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection and copying.

List of Subjects in 33 CFR Part 117

    Bridges.

    Temporary Regulations: In consideration of the foregoing, the Coast 
Guard amends 33 CFR part 117 as follows:

PART 117--[AMENDED]

    1. The authority citation for Part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g), 33 CFR 
117.43

    2. From March 5, 1999, through May 31, 1999, in Sec. 117.287, 
paragraph (a-1) is suspended and a new paragraph (a-3) is added to read 
as follows:


Sec. 117.287   Gulf Intracoastal Waterway.

* * * * *
    (a-3) The Draw of the Gasparilla Island drawbridge, mile 34.3 at 
Placida,

[[Page 16351]]

shall open on signal, except that from March 5 to May 31, 1999, from 7 
a.m. to 5 p.m. the draw need open only on the hour, quarter-hour, half-
hour, and three quarter-hour.
* * * * *
    Dated: March 5, 1999.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 99-8202 Filed 4-2-99; 8:45 am]
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