Drawbridge operations: Florida,
[Federal Register: August 28, 1998 (Volume 63, Number 167)]
[Proposed Rules]
[Page 45978-45980]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au98-39]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD07-98-048]
RIN 2115-AE47
Drawbridge Regulations; Grand Canal, Florida
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to change the regulations governing the operation of the Tortoise Island drawbridge across the Grand Canal at Tortoise Island, Brevard County, Florida. The proposal will extend the 2 hours advance notice for opening on signal now authorized during evening hours Sunday through Thursday, to include Friday and Saturday nights and evenings preceding federal holidays. This action will reduce the requirement to maintain bridgetender service on the bridge during evening hours without unreasonably impacting navigation using the Grand Canal.
DATES: Comments must be received on or before October 27, 1998.
ADDRESSES: Comments may 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 4:00 p.m. Monday through Friday, except federal holidays. The telephone number is (305) 536-6546. The Commander, Seventh
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Coast Guard District maintains the public docket for this rulemaking. Comments will become part of this docket and will be available for inspection or copying at the above address.
FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Smart, Project Manager, Bridge Section, (305) 536-6546.
SUPPLEMENTARY INFORMATION:
Requests 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 [CGD07-98-048] and the specific section of this revised proposal to which each comment applies, and give the reason for each comment. The Coast Guard requests that all comments and attachments be submitted in an unbound format suitable for copying. If not practical, a second copy of any bound material is requested. Persons wanting acknowledgement of receipt of comments should enclose a stamped, self- addressed postcard or envelope. The Coast Guard will consider all comments received during the comment period. It may change this proposal in view of the comments received.
The Coast Guard plans no public hearing. Persons may request a public hearing by writing to Ms. Evelyn Smart at 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 present opening schedule for the Tortoise Island Drawbridge is as follows: The Tortoise Island Drawbridge which crosses the Grand Canal, mile 2.6 at Tortoise Island, presently opens on signal; except that during the evening hours from 10 p.m. to 6 a.m. from Sunday evening until Friday morning, except on evenings preceding a Federal holiday, the draw opens on signal if at least 2 hours notice is given.
On February 24, 1998, the Tortoise Island Homeowner's Association, Inc. provided bridge logs, highway traffic data and traffic analysis to support extending the 2 hours advance notice to include the weekend evenings and holidays.
The Coast Guard's analysis of the bridge logs indicated that a low volume of boat traffic was experienced over an extended period of time. From January 1997 through December 1997, only 7 boats required an opening on weekends between the hours of 10 p.m. and 6 a.m.
Discussion of Proposed Rule
The proposal would extend the weekday evening 2 hours advance notice requirement to also include weekend evenings between 10 p.m. and 6 a.m. Advance notification would remain unchanged during the evening hours Sunday through Thursday.
This change is intended to alleviate manning the bridge 24 hours a day on the weekends and holidays. The bridge owner currently provides full time security at the main entrance gate to Tortoise Island and full time bridgetender services on the drawbridge during weekends despite the low volume of nighttime vessel traffic. In addition, there is a roving security patrol available 24 hours each day. Under this proposal, the drawbridge would be tended during each day and the security patrol would respond to vessel calls on VHF radiotelephone or telephone calls during each evening between 10 p.m. and 6 a.m., and would provide an opening within 2 hours of notification. Emergency opening would be provided as rapidly as possible.
Regulatory Evaluation
This revised proposal 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 that order. The Office of Management and Budget has exempted it from review 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 proposal to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. We conclude this because commercial vessels do not use this waterway and recreational vessels would only be delayed a maximum of two hours for an opening.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this revised proposal will have a significant economic impact on a substantial number of small entities. ``Small entities'' include small businesses and 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.
Because it expects the impact of this revised proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities because of the limited usage of the bridge during the effected hours, and the exemption for tugs and tows. If, however, you think that your business or organization qualifies as a small entity and that this revised proposal will have a significant economic impact on your business or organization, please submit a comment (see ADDRESSES) explaining why you think you qualify and in what way and to what degree this proposed rule will economically affect you.
Collection of Information
This revised proposal contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this revised proposal under the principles and criteria contained in Executive Order 12612, and has determined that this proposal 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 revised proposal and has determined pursuant to Figure 2-1, paragraph 32(e) of Commandant Instruction M16475.1C, that this action is categorically excluded from further environmental documentation. A Categorical Exclusion Determination for this rulemaking is available in the public docket for inspection and copying.
List of Subjects in 33 CFR Part 117
Bridges.
In consideration of the foregoing, the Coast Guard proposes to amend 33 CFR part 117 as follows:
PART 117--[AMENDED]
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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); section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039.
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In Sec. 117.285 revise paragraph (b) to read as follows:
Sec. 117.285 Grand Canal.
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(b) The draw of the Tortoise Island bridge, mile 2.6, shall open on signal; except that during the evening hours from 10 p.m. to 6 a.m. the draw shall open if at least 2 hours notice is given.
Dated: August 12, 1998. R.C. Olsen, Jr., Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, Acting.
[FR Doc. 98-23220Filed8-27-98; 8:45 am]
BILLING CODE 4910-15-M
