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Drawbridge Operation Regulations; Gulf Intracoastal Waterway, Boca Grande, Charlotte County, FL

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 [Federal Register: March 20, 2001 (Volume 66, Number 54)]
[Proposed Rules]
[Page 15677-15678]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr01-19]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-00-129]
RIN 2115-AE47


Drawbridge Operation Regulations; Gulf Intracoastal Waterway,
Boca Grande, Charlotte County, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to permanently change the operating
regulations of the Gasparilla Island Causeway Drawbridge across the
Gulf Intracoastal Waterway, mile 34.3, in Boca Grande, FL. This
proposed rule would increase the current opening schedule by three
hours, moving the starting hour from 10 a.m. to 7 a.m., January 1 to
May 31. During the scheduled opening period, the draw may open on the
hour, quarter hour, half hour and three quarter hour. This change would
improve the flow of vehicular traffic during the daytime hours in the
winter tourist season.

DATES: Comments and related material must reach the Coast Guard on or
before May 21, 2001.

ADDRESSES: You may mail comments and related material to Commander
(obr), Seventh Coast Guard District, 909 S.E. 1st Avenue, Miami, FL
33131. Commander (obr) maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st
Avenue, Room 406, Miami, FL 33131 between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer,
Seventh Coast Guard District, Bridge Branch, at (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-
129], 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 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 Avenue, 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 Gasparilla Island Causeway Drawbridge across the Gulf
Intracoastal Waterway, mile 34.3, has a vertical clearance of 9 feet at
mean high water and a horizontal clearance of 81 feet. The owner of the
bridge requested a change to current operating schedule in effect from
January 1 through May 31. The owner requested that scheduled openings
start at 7 a.m., three hours earlier than the current regulations
provide, to ease the flow of seasonal vehicular traffic during the
morning.

Discussion of Proposed Rule

    The current operating regulations provide for the draw to open on
signal, except from January 1 through May 31, from 10 a.m. until 5
p.m., the draw need only open on the hour, quarter hour, half hour, and
three quarter hour. The bridge owner requested a change to the
regulations so scheduled openings will begin at 7 a.m. and finish at 5
p.m. This proposed change would ease the flow of increased seasonal
vehicular traffic over the bridge during the morning rush hour and
would have little or no impact on vessel traffic. Vehicular traffic has
steadily increased in volume since 1983, from approximately 1700
vehicles per day to approximately 2200 per day during the winter
tourist season, while vessel traffic has remained constant.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866

[[Page 15678]]

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, 1979).
    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 because it
only extends the scheduled openings by three hours during the winter
season.

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 because the proposed rule only extends the
scheduled openings by three hours each day during the winter season.
    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 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 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 Mr. Barry Dragon
at (305) 415-6743 for assistance in understanding and participating in
this rulemaking.

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 proposed rule would not have implications
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. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.

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: 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(a-1) is revised to read as follows:

Sec. 117.287  Gulf Intracoastal Waterway.

* * * * *
    (a-1) The draw of the Gasparilla Island Causeway drawbridge, mile
34.3, at Boca Grande shall open on signal; except that from January 1
to May 31, from 7 a.m. to 5 p.m., the draw need open only on the hour,
quarter hour, half hour, and three quarter hour.
* * * * *

    Dated: December 21, 2000.
T.W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 01-6905 Filed 3-19-01; 8:45 am]
BILLING CODE 4910-15-P

 
 

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