[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Rules and Regulations]
[Pages 30390-30391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14510]
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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: Final rule.
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SUMMARY: The Coast Guard is changing the regulations governing the
operation of the Tortoise Island drawbridge across the Grand Canal at
Brevard County, Florida. The current regulations require the bridge to
open on signal on Friday and Saturday evenings and on evenings
immediately preceding Federal holidays. However, the bridge owner has
documented a very low volume of traffic on these evenings. This rule
will change the opening requirement for the bridge on these evenings
from on signal to giving 30 minutes notice. This change in opening
requirements will reasonably meet the needs of vessel traffic.
DATES: This rule becomes effective July 8, 1999.
FOR FURTHER INFORMATION CONTACT: Miss Evelyn Smart, Project Manager,
Bridge Section, (305) 536-6546.
SUPPLEMENTARY INFORMATION:
Regulatory History
On August 28, 1998, the Coast Guard published a Notice of Proposed
Rulemaking entitled Drawbridge Operation Regulations, Grand Canal,
Florida, in the Federal Register (63 FR 45978). On February 9, 1999,
the Coast Guard published a Supplemental Notice of Proposed Rulemaking
entitled Drawbridge Operation Regulations; Grand Canal, Florida, in the
Federal Register (64 FR 6290). The Coast Guard received two letters
commenting on the supplemental proposal. No public hearing was
requested, and none was held.
Background and Purpose
The Coast Guard completed an analysis of drawbridge openings after
reviewing bridge logs provided by the Tortoise Island Homeowners
Association in July, 1998. The analysis indicated that a low volume of
boat traffic was experienced over an extended period of time. From
January 1977 through December 1997, only 7 boats required an opening on
weekends and on evenings preceding Federal holidays between the hours
of 10 p.m. and 6 a.m.
The Coast Guard originally proposed changing the opening
requirements for weekend evenings and evenings preceding Federal
holidays to require 2 hour notice prior to opening. The Coast Guard
continues to believe that low vessel traffic during the evening hours
on weekends justifies a change in opening requirements for this bridge.
However, to minimize the impact on navigation, the Coast Guard
decreased its original proposed 2 hour notice requirement to 30 minutes
advance notice for a bridge opening on Friday
[[Page 30391]]
and Saturday nights and evenings preceding Federal holidays.
Discussion of Comments and Changes
Two letters were received in response to the public notice. The
State of Florida, Department of Community Affairs stated in their
letter that the proposal is consistent with the Florida Coastal
Management Program. The National Marine Fisheries Service concluded in
their letter that any adverse affects that might occur to living marine
resources would be minimal and offered no objection. No objections were
received from the marine public regarding the revised weekend evening
restriction.
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 that 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. We
concluded this because of a lack of demand for openings between 10 p.m.
and 6 a.m. on weekends and on evenings preceding Federal holidays.
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 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 rule to be minimal, the Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities
because of the exemption for tugs with tows.
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 this 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 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.
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); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Revise Sec. 117.285(b) to read as follows:
Sec. 117.285 Grand Canal.
* * * * *
(b) The draw of the Tortoise Island bridge, mile 2.6, shall open on
signal; except that from 10 p.m. to 6 a.m. from Sunday evening through
Friday morning, the draw shall open on signal if at least 2 hours
advance notice is given. From 10 p.m. to 6 a.m. on Friday and Saturday
and on evenings immediately preceding Federal holidays, the draw shall
open on signal if at least 30 minutes advance notice is given.
Dated: May 20, 1999.
N.T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 99-14510 Filed 6-1-99; 8:45 am]
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