[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Proposed Rules]
[Pages 42826-42827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20359]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-95-019]
RIN 2115-AE47


Drawbridge Operation Regulations; Okeechobee Waterway, Fort 
Myers, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations governing 
the Sanibel Causeway Drawbridge, SR869, over San Carlos Bay at Punta 
Rassa. This proposal is being made as a result of complaints about 
extensive highway traffic delays caused by bridge openings. This change 
is intended to relieve highway congestion while still meeting the 
reasonable needs of navigation.

DATES: Comments must be received on or before October 16, 1995.

ADDRESSES: Comments may be mailed to Commander (oan), Seventh Coast 
Guard District, 909 SE 1st Avenue, Miami, FL 33131-3050, or may be 
delivered to Room 406 at the above address between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
305-536-6546.
    The Commander, Seventh Coast Guard District maintains the 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:
Mr. Ian MacCartney, Project Manager, Bridge Section, at (305) 536-6546.

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 this rulemaking [CGD07-95-019] and the specific section of 
this 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 comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Mr. Ian MacCartney at the address under 
ADDRESSES. The request should include 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.

    Drafting Information. The principal persons involved in drafting 
this document are Mr. Ian MacCartney, Project Manager, and 
Lieutenant J. M. Losego, Project Counsel.

Background and Purpose

    The Sanibel Causeway Drawbridge which crosses San Carlos Bay, 
Okeechobee Waterway mile 151, presently opens on signal except that 
from 11 a.m. to 6 p.m., the draw opens only on the quarter hour and 
from 10 p.m. to 6 a.m., the bridge opens on demand with a 5 minute 
delay. In February, 1995, the Director of the Lee County Department of 
Transportation requested the bridge opening schedule between 7 a.m. and 
7 p.m. daily be changed to open only on the hour and 30 minutes after 
the hour. Bridge logs and highway traffic data were provided to the 
Coast Guard in support of this request.
    A comparison of highway traffic volumes between 1985 and 1993 
indicated there has been an overall increase in traffic volume with 
current levels periodically 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 Lee County, the Coast Guard has 
determined that a change in the bridge opening regulations is 
warranted.

Discussion of Proposed Amendments

    The Coast Guard proposes to reduce the number of potential openings 
by authorizing the drawbridge to open only on the hour, 20 minutes 
after the hour and 40 minutes after the hour from 7 a.m. to 7 p.m. 
daily instead of the existing 15 minute daily schedule. This change is 
intended to relieve highway congestion while still meeting the 
reasonable needs of navigation.

Regulatory Evaluation

    This proposal 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 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'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields and (2) governmental jurisdictions 
with populations of less than 50,000. Because it expects the impact of 
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposal, if adopted, will not have a significant 
economic impact on a substantial number of small entities. If, however, 
you think that your business or organization qualifies as a small 
entity and that this proposal will have significant economic impact 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 proposal will economically affect it.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

[[Page 42827]]


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.e(32) of Commandant 
Instruction M16475.1B, this proposal 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 proposes 
to amend 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); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. In Sec. 117.317, paragraph (j) is revised to read as follows:


Sec. 117.317  Okeechobee Waterway.

* * * * *
    (j) Sanibel Causeway bridge, mile 151 at Punta Rassa. The draw 
shall open on signal; except that from 7 a.m. to 7 p.m., the draw need 
open only on the hour, twenty minutes past the hour, and 40 minutes 
past the hour. From 10 p.m. to 6 a.m. the draw will open on signal if 
at least a five minute advance notice is given. Exempt vessels shall be 
passed at any time.

    Dated: July 21, 1995.
R.T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 95-20359 Filed 8-16-95; 8:45 am]
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