[Federal Register Volume 64, Number 105 (Wednesday, June 2, 1999)]
[Rules and Regulations]
[Pages 29558-29559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13939]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR PART 117
[CGD08-99-033]
RIN 2115-AE47
Drawbridge Operating Regulation; Massalina Bayou, FL
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Commander, Eighth Coast Guard District is temporarily
changing 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 draw of the bridge may remain closed o
navigation from 9 p.m. until 11 p.m. on July 4, 1999. This temporary
rule is issued to facilitate movement of vehicular traffic associated
with a fireworks display. Presently the draw opens on signal at all
times.
DATES: This rule is effective from 9 p.m. to 11 p.m. on July 4, 1999.
Comments must be received on or before June 28, 1999
ADDRESSES: The public docket and all documents referred to in its
notice are available for inspection or copying at the office of the
Eighth Coast Guard District, Bridge Administration Branch, Hale Boggs
Federal Building, room 1313, 501 Magazine Street, New Orleans,
Louisiana 70130-34396 between 7 a.m. and 4 p.m. Monday through Friday,
except Federal holidays. You may also mail comments to the address
given above or deliver them to the same address between 7 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration
Branch, at the address given above. Telephone (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Requests for Comments
The Coast Guard encourages interested parties to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD08-99-033) and the specific section of
this document to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes. The Coast Guard will consider all comments received during
the comment period. This temporary rule may be changed in view of the
comments.
Background
The City of Panama City, Florida requested a temporary rule,
changing 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 is expected to generate.
Discussion of Temporary Rule
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.
A comment period is being provided for interested parties to
express their views. If comments are received, the Coast Guard may
change this rule.
Regulatory Evaluation
This temporary rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential cost 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 temporary rule
to be so minimal that a full Regulatory Evaluation under paragraph
10(e) of the regulatory policies and procedures of DOT is unnecessary.
This is because the number of vessels impaired during the closed-to-
navigation period is minimal.
All commercial vessels still have ample opportunity to transit this
waterway before and after the two-hour closure on July 4, 1999.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this temporary rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include small businesses, not-for-profit
organizations that are independently owned and operated and are not
[[Page 29559]]
dominant in their fields and governmental jurisdictions with
populations of less than 50,000.
Local commercial fishing vessels will only be inconvenienced for
two hours on one evening. Thus, the economic impact is expected to be
minimal. there is no indication that other waterway users would suffer
any type of economic hardship if they are precluded from transiting the
waterway during the two hours that the draw is scheduled to remain in
the closed-to-navigation position. Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this temporary rule will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This temporary rule does not provide for a collection-of-
information requirement under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this temporary rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this temporary rule does not have sufficient
implications for federalism to warrant the preparation of a Federalism
Assessment. The authority to regulate the permits of bridges over the
navigable waters of the U.S. belongs to the Coast Guard by Federal
statutes.
Environmental
The Coast Guard considered the environmental impact of this
temporary rule and concluded that under Figure 2-1, paragraph 32(e) of
Commandant Instruction M16475.1C, this temporary rule is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard is
amending 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. Sec. 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. Effective 9 p.m. to 11 p.m. on July 4, 1999, Sec. 117.301 is
temporarily 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, 1999, the draw need not open for vessel
traffic and may be maintained in the closed-to-navigation position.
Dated: May 20, 1999.
Paul J. Pluta
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 99-13939 Filed 6-1-99; 8:45 am]
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