[Federal Register Volume 63, Number 234 (Monday, December 7, 1998)]
[Rules and Regulations]
[Page 67402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32405]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-98-009]
RIN 2115-AE47


Drawbridge Operation Regulations; Billy's Creek, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the State Road 80 bridge, across Billy's Creek, Fort 
Myers, Lee County by changing the operating regulations to allow the 
drawbridge to remain closed. This action will accommodate the needs of 
auto traffic and still provide for the reasonable needs of navigation.

DATES: The rule becomes effective January 6, 1999.

FOR FURTHER INFORMATION CONTACT:
Mr. Walt Paskowsky, Project Manager, Bridge Section, (305) 536-4103.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On June 1, 1998, the Coast Guard published a notice of proposed 
rulemaking entitled Drawbridge Operations Regulations, Billy's Creek, 
FL in the Federal Register (63 FR 29676). The Coast Guard received one 
comment on the proposal. A public hearing was not requested and one was 
not held.

Background and Purpose

    The State Road 80 bridge across Billy's Creek near Fort Myers 
currently is required to open with 24 hours advance notice. However, no 
requests for bridge opening have been received since 1987.

 Discussion of Comments and Changes

    One comment was received from a property owner along the river 
requesting that the bridge not be permanently closed, as there is a 
potential for increased traffic in the area as the property is zoned 
for commercial use and it could be developed as a marine facility. The 
Coast Guard agrees, and a provision has been added to restore the 
bridge to operable condition within 6 months of notification by the 
District Commander to do so.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of the 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 is 
unnecessary. We conclude this because of the lack of requests to open 
the draw.

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 may 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 the proposal to be minimal, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this final 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 the 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 concluded under Figure 2-1, paragraph 32 of Commandant Instruction 
M16475.1C, that the promulgation of operating requirements or 
procedures for drawbridges is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
has been prepared and is available in the docket for inspection or 
copying.

List of Subjects in 33 CFR Part 117

    Bridges.
    Final Regulations: In consideration of the foregoing, the Coast 
Guard amends 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).

    2. Section 117.268 is added to read as follows:


Sec. 117.268  Billy's Creek.

    The draw of the State Road 80 bridge at Fort Myers need not be 
opened for the passage of vessels; however, the draw shall be restored 
to operable condition within 6 months after notification by the 
District Commander to do so.

    Dated: November 2, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 98-32405 Filed 12-4-98; 8:45 am]
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