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Drawbridge Operation Regulations: Siesta Drive Drawbridge, Gulf Intracoastal Waterway, Florida
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 22, 2001 (Volume 66, Number 14)]
[Proposed Rules]
[Page 6513-6514]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja01-47]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD7-00-123]
RIN 2115-AE47
Drawbridge Operation Regulations: Siesta Drive Drawbridge, Gulf
Intracoastal Waterway, Florida
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating regulations
of the Siesta Drive drawbridge across the Gulf Intracoastal Waterway,
mile 71.6 at Sarasota, Florida. This rule would allow the drawbridge to
open only every 20 minutes between the hours of 7 a.m. and 6 p.m.,
Monday through Friday, except Federal holidays. This action is intended
to improve the movement of morning commuter traffic while not
unreasonably interfering with the movement of vessel traffic.
DATES: Comments and related material must reach the Coast Guard on or
before March 23, 2001.
ADDRESSES: You may mail comments and related material to Commander
(obr), Seventh Coast Guard District, 909 SE 1st Avenue, Room 406,
Miami, FL 33131. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, are part of docket [CGD07-00-123] and are available for
inspection or copying at Commander (obr), Seventh Coast Guard District,
909 SE 1st Avenue, Room 406, Miami, FL 33131 between 8 a.m. and 4:30
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Bridge Branch, 909
SE 1st Ave., Miami, FL 33130, telephone number 305-415-6743.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD07-00-
123], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Bridge Branch, Seventh Coast Guard
District, 909 SE 1st Ave., Room 406, Miami, FL 33131, explaining why
one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
The Siesta Drive bascule bridge is a two lane narrow undivided
urban arterial roadway, which is already severely congested due to
insufficient capacity. The proposed rule would extend the existing 20
minute weekday schedule to cover the morning commuter period. The
bridge opens less than once per hour during this period so the effect
on vessels is not considered unreasonable.
Discussion of Proposed Rule
The proposed rule would allow the bridge to start its scheduled
openings at 7 a.m. weekdays instead of the present 11 a.m. to 6 p.m.
schedule. This should facilitate the movement of commuter traffic
across the drawbridge while not unreasonably interfering with the
movement of vessel traffic through the drawspans.
Regulatory Evaluation
This proposed 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. The Office of Management and Budget has not reviewed it
under that Order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT)(44 FR 11040,
February 26, l979).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. The number of
openings that occur during the proposed period of additional
regulations is less than once per hour and the maximum waiting time
would be 20 minutes
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of vessels intending to transit under the Siesta Key bridge
during the hours of 7 a.m. to 11 a.m. on weekdays. This proposed rule
would not have a significant economic impact on a substantial number of
small entities because the number of openings that occur during the
proposed period of additional regulations is less than once per hour
and the maximum waiting time would be 20 minutes.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that
[[Page 6514]]
they can better evaluate its effects on them and participate in the
rulemaking. If the proposed rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
Bridge Branch, Seventh Coast Guard District.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule does not have implications for
federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph (32)(e) of Commandant
Instruction M16475.lC, this proposed rule is categorically excluded
from further environmental documentation.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed 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: 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. Section 117.287(b-1) is revised to read as follows:
Sec. 117.287 Gulf Intracoastal Waterway.
* * * * *
(b-1) The draw of the Siesta Key bridge, mile 71.6 at Sarasota,
shall open on signal, except that from 7 a.m. to 6 p.m. Monday through
Friday, except Federal holidays, the draw need open only on the hour,
twenty minutes past the hour, and 40 minutes past the hour. On weekends
and federal holidays from 11 am to 6 pm the draw need open only on the
hour, 20 minutes past the hour, and 40 minutes past the hour.
* * * * *
Dated: December 27, 2000.
G.W. Sutton,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District,
Acting.
[FR Doc. 01-1544 Filed 1-19-01; 8:45 am]
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