[Federal Register Volume 63, Number 234 (Monday, December 7, 1998)]
[Rules and Regulations]
[Page 67402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32405]
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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.
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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. 98-32405 Filed 12-4-98; 8:45 am]
BILLING CODE 4910-15-M
