![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Drawbridge Operation Regulation; Massalina Bayou, Florida
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 9, 2001 (Volume 66, Number 90)]
[Proposed Rules]
[Page 23640-23642]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my01-30]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-01-009]
RIN 2115-AE47
Drawbridge Operation Regulation; Massalina Bayou, Florida
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing a change to the regulation
governing the operation of the Tarpon Dock bascule span drawbridge
across Massalina Bayou, mile 0.0, at Panama City, Bay County, Florida.
The proposed rule would allow the draw of the bridge to remain closed
to navigation from 9 p.m. until 11 p.m. on July 4 of each year. This
rule will facilitate movement of vehicular traffic associated with a
fireworks display which is conducted annually on July 4. Presently the
draw opens on signal at all times.
DATES: Comments and related material must reach the Coast Guard on or
before May 22, 2001.
ADDRESSES: You may mail comments to Commander (ob), Eighth Coast Guard
District, 501 Magazine Street, New Orleans, Louisiana 70130-3396, or
deliver them to room 1313 at the same address between 7 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The Commander,
Eighth Coast Guard District, Bridge Administration Branch 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 the Bridge Administration
Branch, Eighth Coast Guard District between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
[[Page 23641]]
FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration
Branch, 504-589-2965.
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 (CGD08-01-
009), 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 the Commander, Eighth Coast Guard
District, Bridge Administration Branch at the address under ADDRESSES
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 City of Panama City, Florida requested a change in the
drawbridge operating regulation, governing the operation of the Tarpon
Dock bascule span drawbridge. The rule is needed to accommodate the
additional volume of vehicular traffic that the fireworks display
normally generates. This bridge closure has become an annual event in
conjunction with the 4th of July fireworks celebration. The closure is
for two hours and does not significantly affect marine traffic. The
Tarpon Dock bascule span drawbridge across Massalina Bayou has a
vertical clearance of 7 feet above mean high water in the closed-to-
navigation position and unlimited in the open-to-navigation position.
Navigation on the waterway consists primarily of commercial fishing
vessels, sailing vessels and other recreational craft.
Discussion of Proposed Rule
This proposed rule would allow the bridge to remain closed to
navigation from 9 p.m. until 11 p.m. on July 4 of each year. The
closure of the bridge would affect vessel traffic for a two-hour period
on one evening per year. This closure is necessary to accommodate an
increase in volume of vehicular traffic, crossing the bridge resulting
from the annual fireworks display, an event of public interest. The
rule would allow the bridge to open during this period for a vessel in
distress.
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, 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.
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. The small entities concerned with this
proposed rule are the local commercial fishermen who transit the
bridge. This proposed rule will only delay transiting the bridge for
two hours on one evening per year.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 (Pub. L. 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
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 Administration
Branch, Eighth Coast Guard District at the address above.
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 E.O. 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 Eexecutive 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
[[Page 23642]]
further environmental documentation. This proposal will change an
existing special drawbridge operating regulation promulgated by a Coast
Guard Bridge Administration Program action. 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 set out in the preamble, the Coast Guard proposes
to amend Part 117 of Title 33, Code of Federal Regulations, 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 117.301 is added to read as follows:
Sec. 117.301 Massalina Bayou.
The draw of the Tarpon Dock bascule span bridge, Massalina Bayou,
mile 0.0 at Panama City, shall open on signal; except that from 9 p.m.
until 11 p.m. on July 4, each year, the draw need not open for the
passage of vessels. The draw will open at any time for a vessel in
distress.
Dated: April 13, 2001.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-11714 Filed 5-8-01; 8:45 am]
BILLING CODE 4910-15-P