[Federal Register Volume 64, Number 26 (Tuesday, February 9, 1999)]
[Proposed Rules]
[Pages 6290-6292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3133]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD07-98-048]
RIN 2115-AE47
Drawbridge Regulations: Grand Canal, FL
AGENCY: Coast Guard, DOT.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulation governing
the operation of the Tortoise Island drawbridge across the Grand Canal
at Tortoise Island, Brevard County, Florida. The Coast Guard has
reconsidered its original proposal in the NPRM published on August 28,
1998, extending the 2 hours advance notice for opening on signal to
include Friday and Saturday nights and evenings preceding federal
holidays, and now is proposing only 30 minutes advance notice for
opening the bridge on Friday and Saturday nights and evenings preceding
federal holidays. This rule is intended to reduce the requirement to
maintain bridgetender service on the bridge during evening hours while
still meeting the reasonable needs of navigation on Grand Canal.
DATES: Comments must be received on or before April 12, 1999.
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 Coast Guard District,
maintains the
[[Page 6291]]
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: Miss 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
acknowledgment 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.
Regulatory History
On August 28, 1998, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) in the Federal Register (63 FR 45978). The NPRM
proposed to change the regulations governing the operation of the
Tortoise Island drawbridge. In response to the NPRM, the Coast Guard
received objections from local waterway users stating that Grand Canal
provides a well lit, deep water alternative to the shallow main channel
of the Banana River. The Banana River is not regularly maintained and
has unlighted day marks that are far apart. The local waterway users
expressed their concerns about weekend night openings being delayed 2
hours vice opening on signal.
Background and Purpose
The Coast Guard's original proposal included extension of 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 rule was intended
to reduce the requirement to maintain bridgetender service on the
bridge during weekend evening hours due to the low volume of boat
traffic analyzed over an extended period of time.
Discussion of Comments
Four objections were received to the original NPRM stating that the
proposed weekend opening restriction would place an undue burden on the
boating public. They were in opposition of the proposed rule because
they felt that the bridge owner is not abiding by their original
agreement that boaters would have access to the waterway at all times.
The National Marine Fisheries Service stated in their letter that the
proposal would not affect resources for which the NMFS is responsible
and offered neither support nor objection.
Discussion of the Revised Proposal
The Coast Guard reviewed its original proposal and continues to
believe that the lack of boat use during the evening hours on weekends
justifies placing additional restrictions on bridge openings. However,
in order to minimize the impact on navigation, the Coast Guard has
decreased the proposed restriction to require only 30 minutes advance
notice for a bridge opening on Friday and Saturday nights and evenings
preceding federal holidays.
This revised regulation proposal would maintain the existing 2
hours advance notice for openings during evening hours Sunday through
Thursday and would add the 30 minute advance notice for bridge openings
on Friday and Saturday nights and evenings preceding federal holidays.
This change is intended to reduce the requirement to maintain
bridgetender service while still meeting the reasonable needs of
navigation.
Regulatory Evaluation
This 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 been exempted from review 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
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 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'' 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 rule to be minimal, the Coast
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
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 this 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 considered the environmental impact of this rule
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.
Proposed Regulations
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
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under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Revise Sec. 117.285 paragraph (b) to read as follows:
Sec. 117.285 Grand Canal.
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(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.
from Sunday evening until Friday morning, the draw shall open on signal
if at least 2 hours advance notice is given. On Friday and Saturday
evening hours and evenings preceding federal holidays, from 10 p.m. to
6 a.m., the draw shall open on signal if at least 30 minutes advance
notice is given.
Dated: January 21, 1999.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 99-3133 Filed 2-8-99; 8:45 am]
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