[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Proposed Rules]
[Pages 45978-45980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23220]
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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: Notice of proposed rulemaking.
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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
[[Page 45979]]
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]
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. 117.285 revise paragraph (b) to read as follows:
Sec. 117.285 Grand Canal.
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[[Page 45980]]
(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. 98-23220 Filed 8-27-98; 8:45 am]
BILLING CODE 4910-15-M
