[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Proposed Rules]
[Pages 42826-42827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20359]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD07-95-019]
RIN 2115-AE47
Drawbridge Operation Regulations; Okeechobee Waterway, Fort
Myers, FL
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulations governing
the Sanibel Causeway Drawbridge, SR869, over San Carlos Bay at Punta
Rassa. This proposal is being made as a result of complaints about
extensive highway traffic delays caused by bridge openings. This change
is intended to relieve highway congestion while still meeting the
reasonable needs of navigation.
DATES: Comments must be received on or before October 16, 1995.
ADDRESSES: Comments may be mailed to Commander (oan), Seventh Coast
Guard District, 909 SE 1st Avenue, Miami, FL 33131-3050, or may be
delivered to Room 406 at the above address between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
305-536-6546.
The Commander, Seventh 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:
Mr. Ian MacCartney, Project Manager, Bridge Section, at (305) 536-6546.
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 this rulemaking [CGD07-95-019] and the specific section of
this 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 acknowledgment 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 comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to Mr. Ian MacCartney at the address under
ADDRESSES. The request should include 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.
Drafting Information. The principal persons involved in drafting
this document are Mr. Ian MacCartney, Project Manager, and
Lieutenant J. M. Losego, Project Counsel.
Background and Purpose
The Sanibel Causeway Drawbridge which crosses San Carlos Bay,
Okeechobee Waterway mile 151, presently opens on signal except that
from 11 a.m. to 6 p.m., the draw opens only on the quarter hour and
from 10 p.m. to 6 a.m., the bridge opens on demand with a 5 minute
delay. In February, 1995, the Director of the Lee County Department of
Transportation requested the bridge opening schedule between 7 a.m. and
7 p.m. daily be changed to open only on the hour and 30 minutes after
the hour. Bridge logs and highway traffic data were provided to the
Coast Guard in support of this request.
A comparison of highway traffic volumes between 1985 and 1993
indicated there has been an overall increase in traffic volume with
current levels periodically exceeding highway capacity on weekday
afternoons during the winter season without any bridge openings. The
number of bridge openings continue to average less than two per hour
with a maximum of 4 openings per hour being experienced periodically
during the winter season. Based on analysis of the highway traffic and
bridge opening data provided by Lee County, the Coast Guard has
determined that a change in the bridge opening regulations is
warranted.
Discussion of Proposed Amendments
The Coast Guard proposes to reduce the number of potential openings
by authorizing the drawbridge to open only on the hour, 20 minutes
after the hour and 40 minutes after the hour from 7 a.m. to 7 p.m.
daily instead of the existing 15 minute daily schedule. This change is
intended to relieve highway congestion while still meeting the
reasonable needs of navigation.
Regulatory Evaluation
This 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. 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 (44 FR 11040; February
26, 1979) is unnecessary. We conclude this because the rule exempts
tugs with tows.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields and (2) governmental jurisdictions
with populations of less than 50,000. Because it expects the impact of
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposal, if adopted, will not have a significant
economic impact on a substantial number of small entities. If, however,
you think that your business or organization qualifies as a small
entity and that this proposal will have significant economic impact on
your business or organization, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and in what way and to what
degree this proposal will economically affect it.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
[[Page 42827]]
Federalism
The Coast Guard has analyzed this 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.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2.e(32) of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR Part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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. In Sec. 117.317, paragraph (j) is revised to read as follows:
Sec. 117.317 Okeechobee Waterway.
* * * * *
(j) Sanibel Causeway bridge, mile 151 at Punta Rassa. The draw
shall open on signal; except that from 7 a.m. to 7 p.m., the draw need
open only on the hour, twenty minutes past the hour, and 40 minutes
past the hour. From 10 p.m. to 6 a.m. the draw will open on signal if
at least a five minute advance notice is given. Exempt vessels shall be
passed at any time.
Dated: July 21, 1995.
R.T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 95-20359 Filed 8-16-95; 8:45 am]
BILLING CODE 4910-14-M
