[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)] [Proposed Rules] [Pages 29676-29677] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-14395] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 117 [CGD07-98-009] RIN 2115-AE47 Drawbridge Operation Regulations; Billy's Creek, Florida AGENCY: Coast Guard, DOT. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to create regulations governing the operation of the State Road 80 drawbridge across Billy's Creek, Fort Myers, Lee County, Florida. The proposed regulations would allow the draw to remain closed permanently. The bridge has not received an opening notice since 1987. This action should accommodate the needs of vehicle traffic and still provide for the reasonable needs of navigation. DATES: Comments must be received on or before July 31, 1998. ADDRESSES: Comments must 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 am and 4:00 p.m. Monday through Friday, except federal highways. The telephone number is (305) 536-4103. Comments will become part of this docket and will be available for inspection or copying at the above address. FOR FURTHER INFORMATION CONTACT: Mr. Walt Paskowsky, Project Manager, Bridge Section, (305) 536-4103. 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 the rulemaking [CGD08-98-009] and the specific section of this proposal to which each comment applies, and give the reason for each comment. 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 the address listed in 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 notice in the Federal Register. Background and Purpose The State Road 80 bridge over Billy's Creek near Fort Myers Florida currently opens with 24 hours advance notice. However no requests for bridge openings have been received since 1987. The Florida Department of Transportation (DOT) has stated that the bridge currently handles two lanes of one way land traffic going into the city, and that there is no practical way to reroute traffic around the bridge if it were opened. Additionally, the Florida DOT found that there is no boat traffic in the area that requires an opening. Therefore, the Coast Guard has agreed to propose permanent regulations stating that the draw need not be opened for the passage of vessels. 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. 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 10 e of the regulatory policies and procedures of DOT is unnecessary as there has not been a demand for an opening in the last 10 years. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this rule will have a significant economic impact on a substantial number of small entities. ``Small entities'' may 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 the proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposal will not have a significant economic impact on a substantial number of small entities due to the lack of any vessel traffic in the area that would require the bridge to be opened. If, however, you think that your business or organization qualifies as a small entity and that this proposed rule will have a significant economic impact [[Page 29677]] 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 proposed rule will economically affect it. Collection of Information This rule contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Federalism The Coast Guard has analyzed the rule under the principles and criteria contained in Executive Order 12612, and has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Environmental Assessment The Coast Guard has considered the environmental impact of this rule and concluded that under section 2.B.2.a (CE#32(e)) of Commandant Instruction M16475.1C, that the promulgation of operating requirements or procedures for drawbridges is categorically excluded from further environmental documentation. A ``Categorical Exclusion Determination'' is available in the 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 Part 117 of Title 33, Code of Federal Regulations, 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. A new section 117.268 is added to read as follows: Sec. 117.268 Billy's Creek. The draw of the State Road 80 bridge over Billy's Creek at Fort Myers need not be opened for the passage of vessels. Dated: April 23, 1998. N.T. Saunders, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 98-14395 Filed 5-29-98; 8:45 am] BILLING CODE 4910-15-M