[Federal Register Volume 60, Number 23 (Friday, February 3, 1995)]
[Rules and Regulations]
[Pages 6658-6660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2650]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-93-086]
RIN 2115-AE47


Drawbridge Operation Regulations; Gulf Intracoastal Waterway, 
Sarasota, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the Sarasota/Manatee Metropolitan Planning 
Organization (MPO) and the Florida Department of Transportation (FDOT), 
the (bridge owner), the Coast Guard is changing the regulations 
governing the Siesta Key Drawbridge on SR758, Gulf Intracoastal 
Waterway mile 71.6, across Roberts Bay at Sarasota, Sarasota 
[[Page 6659]] County, Florida. This change is intended to relieve 
highway congestion while still meeting the reasonable needs of 
navigation.

EFFECTIVE DATE: March 6, 1995.

FOR FURTHER INFORMATION CONTACT:
Ian L MacCartney, Project Manager, Bridge Section, at (305) 536-6546.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Ian L. 
MacCartney, Project Manager, and LT. J. M. Losego, Project Counsel.

Regulatory History

    On September 16, 1994, the Coast Guard published a notice of 
proposed rulemaking entitled Drawbridge Operation Regulations; Gulf 
Intracoastal Waterway, Sarasota, FL in the Federal Register (59 FR 
47577). The Coast Guard received five letters commenting on the 
proposal. A public hearing was not requested and one was not held.

Background and Purpose

    This drawbridge presently opens on signal except that from 11 a.m. 
to 6 p.m., on weekend and holidays, the draw need open only on the 
hour, quarter hour, half hour, and three quarter hour. The MPO and FDOT 
requested that the bridge open only on the hour and half hour during 
certain periods of each day to help reduce traffic delays, particularly 
during morning and afternoon commuter hours and on busy weekends. A 
comparison of highway traffic volumes between 1985 and 1993 indicated 
there has been an overall increase in traffic volume with current 
levels exceeding highway capacity on weekday afternoons during the 
winter season without any bridge openings.
    The number of bridge openings continue to average less than two per 
hour with a maximum of 4 openings per hour being experienced 
periodically during the winter season. Based on analysis of the highway 
traffic and bridge opening data provided by FDOT on June 28, 1993, the 
Coast Guard determined that most of the weekday delays were caused by 
back to back bridge openings which did not allow accumulated vehicle 
traffic to clear before the next opening. The Coast Guard concluded 
that a 30 minute opening schedule was not warranted, but as a 
compromise, tested a 20 minute opening schedule which would limit 
openings to 3 times per hour daily, year around. This test was 
conducted from January 1, 1994, to February 23, 1994. The results 
demonstrated that strong cross winds, heavy currents and shallow water 
adjacent to the channel near the bridge create holding conditions for 
northbound vessels that could become unsafe for navigation if the 
opening schedule is extended to 30 minutes. A daily 20 minute schedule 
would help reduce traffic delays without significantly increasing the 
danger to vessels caused by the potentially unsafe holding conditions.

Discussion of Comments and Changes

    Two commenters were in favor of the year round 20 minute opening 
schedule. One commenter opposed any increase in vessel delays due to 
unsafe holding conditions near the bridge. He suggested extending the 
existing 15 minute schedule to include peak weekday traffic periods and 
recommended improving local traffic light coordination with the bridge 
openings. One commenter recommended openings on the hour and half hour 
similar to the nearby Ringling Causeway Drawbridge. Another commenter 
recommended sailboats be required to operate offshore and pay a fee for 
each bridge opening to minimize impacts on highway traffic. The Coast 
Guard has carefully considered these comments and has concluded the 20 
minute schedule will reduce bridge openings without creating unsafe 
holding conditions for waiting vessels. FDOT will be encouraged to 
install traffic light preemption programs which should help reduce 
cross traffic delays and improve vehicular dispersal after each bridge 
opening.

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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT (44 FR 
11040; February 26, 1979) is unnecessary. We conclude this because the 
rule exempts tugs with tows.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include independently owned and operated 
small businesses that are not dominant in their field and that 
otherwise qualify as ``small business concerns'' under section 3 of the 
Small Business Act (15 U.S.C. 632). Because it expects the impact of 
this proposal to be minimal, the Coast Guard certifies under section 
605(b) that this proposal, if adopted, will not have a significant 
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 proposal under the principles and 
criteria contained in Executive Order 12612, and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2.g.(5) of Commandant 
Instruction M16475.1B, promulgation of operating requirements or 
procedures for drawbridges is categorically excluded from further 
environmental documentation. A Categorical Exclusion Determination is 
available for inspection or copying at the above address.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons set out in the preamble, the Coast Guard amends 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).

    2. In Sec. 117.287, paragraph (b-1) is revised to read as follows:


Sec. 117.287  Gulf Intracoastal Waterway.

* * * * *
    (b-1) The draw of the Siesta Key bridge, mile 71.6 at Sarasota, 
shall open on signal, except that, from 11 a.m. to 6 p.m. daily, the 
draw need open only on the hour, 20 minutes past the hour, and 40 
minutes past the hour.
* * * * * [[Page 6660]] 
    Dated: January 18, 1995.
W.P. Leahy,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 95-2650 Filed 2-2-95; 8:45 am]
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