Drawbridge operations: Florida,

[Federal Register: December 7, 1998 (Volume 63, Number 234)]

[Rules and Regulations]

[Page 67402]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr07de98-3]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-98-009]

RIN 2115-AE47

Drawbridge Operation Regulations; Billy's Creek, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing the regulations governing the operation of the State Road 80 bridge, across Billy's Creek, Fort Myers, Lee County by changing the operating regulations to allow the drawbridge to remain closed. This action will accommodate the needs of auto traffic and still provide for the reasonable needs of navigation.

DATES: The rule becomes effective January 6, 1999.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

On June 1, 1998, the Coast Guard published a notice of proposed rulemaking entitled Drawbridge Operations Regulations, Billy's Creek, FL in the Federal Register (63 FR 29676). The Coast Guard received one comment on the proposal. A public hearing was not requested and one was not held.

Background and Purpose

The State Road 80 bridge across Billy's Creek near Fort Myers currently is required to open with 24 hours advance notice. However, no requests for bridge opening have been received since 1987.

Discussion of Comments and Changes

One comment was received from a property owner along the river requesting that the bridge not be permanently closed, as there is a potential for increased traffic in the area as the property is zoned for commercial use and it could be developed as a marine facility. The Coast Guard agrees, and a provision has been added to restore the bridge to operable condition within 6 months of notification by the District Commander to do so.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f) of the Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. It has not been reviewed 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 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 of the lack of requests to open the draw.

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 may 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 the proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities.

Collection of Information

This rule contains no collection of information requirements under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.).

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 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'' has been prepared and is available in the docket for inspection or copying.

List of Subjects in 33 CFR Part 117

Bridges.

Final 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).

2. Section 117.268 is added to read as follows:

   Sec. 117.268 Billy's Creek.

   The draw of the State Road 80 bridge at Fort Myers need not be opened for the passage of vessels; however, the draw shall be restored to operable condition within 6 months after notification by the District Commander to do so.

   Dated: November 2, 1998. Norman T. Saunders, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District.

   [FR Doc. 98-32405Filed12-4-98; 8:45 am]

   BILLING CODE 4910-15-M