[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Proposed Rules]
[Pages 45978-45980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23220]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-98-048]
RIN 2115-AE47


Drawbridge Regulations; Grand Canal, Florida

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations governing 
the operation of the Tortoise Island drawbridge across the Grand Canal 
at Tortoise Island, Brevard County, Florida. The proposal will extend 
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 action will reduce 
the requirement to maintain bridgetender service on the bridge during 
evening hours without unreasonably impacting navigation using the Grand 
Canal.

DATES: Comments must be received on or before October 27, 1998.

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

[[Page 45979]]

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:
Ms. 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 
acknowledgement 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.

Background and Purpose

    The present opening schedule for the Tortoise Island Drawbridge is 
as follows: The Tortoise Island Drawbridge which crosses the Grand 
Canal, mile 2.6 at Tortoise Island, presently opens on signal; except 
that during the evening hours from 10 p.m. to 6 a.m. from Sunday 
evening until Friday morning, except on evenings preceding a Federal 
holiday, the draw opens on signal if at least 2 hours notice is given.
    On February 24, 1998, the Tortoise Island Homeowner's Association, 
Inc. provided bridge logs, highway traffic data and traffic analysis to 
support extending the 2 hours advance notice to include the weekend 
evenings and holidays.
    The Coast Guard's analysis of the bridge logs indicated that a low 
volume of boat traffic was experienced over an extended period of time. 
From January 1997 through December 1997, only 7 boats required an 
opening on weekends between the hours of 10 p.m. and 6 a.m.

Discussion of Proposed Rule

    The proposal would extend the weekday evening 2 hours advance 
notice requirement to also include weekend evenings between 10 p.m. and 
6 a.m. Advance notification would remain unchanged during the evening 
hours Sunday through Thursday.
    This change is intended to alleviate manning the bridge 24 hours a 
day on the weekends and holidays. The bridge owner currently provides 
full time security at the main entrance gate to Tortoise Island and 
full time bridgetender services on the drawbridge during weekends 
despite the low volume of nighttime vessel traffic. In addition, there 
is a roving security patrol available 24 hours each day. Under this 
proposal, the drawbridge would be tended during each day and the 
security patrol would respond to vessel calls on VHF radiotelephone or 
telephone calls during each evening between 10 p.m. and 6 a.m., and 
would provide an opening within 2 hours of notification. Emergency 
opening would be provided as rapidly as possible.

Regulatory Evaluation

    This revised 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. The Office of Management and Budget has exempted it from 
review 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 is unnecessary. We conclude this because commercial 
vessels do not use this waterway and recreational vessels would only be 
delayed a maximum of two hours for an opening.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this revised proposal 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 revised proposal to be 
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities because of the limited usage of 
the bridge during the effected hours, and the exemption for tugs and 
tows. If, however, you think that your business or organization 
qualifies as a small entity and that this revised proposal will have a 
significant economic impact on your business or organization, please 
submit a comment (see  ADDRESSES) explaining why you think you qualify 
and in what way and to what degree this proposed rule will economically 
affect you.

Collection of Information

    This revised proposal 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 revised 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.

Environmental Assessment

    The Coast Guard considered the environmental impact of this revised 
proposal 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.

    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 under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. In Sec. 117.285 revise paragraph (b) to read as follows:


Sec. 117.285  Grand Canal.

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[[Page 45980]]

    (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. the 
draw shall open if at least 2 hours notice is given.

    Dated: August 12, 1998.
R.C. Olsen, Jr.,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 98-23220 Filed 8-27-98; 8:45 am]
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