[Federal Register Volume 64, Number 26 (Tuesday, February 9, 1999)]
[Proposed Rules]
[Pages 6290-6292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3133]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-98-048]
RIN 2115-AE47


Drawbridge Regulations: Grand Canal, FL

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulation governing 
the operation of the Tortoise Island drawbridge across the Grand Canal 
at Tortoise Island, Brevard County, Florida. The Coast Guard has 
reconsidered its original proposal in the NPRM published on August 28, 
1998, extending the 2 hours advance notice for opening on signal to 
include Friday and Saturday nights and evenings preceding federal 
holidays, and now is proposing only 30 minutes advance notice for 
opening the bridge on Friday and Saturday nights and evenings preceding 
federal holidays. This rule is intended to reduce the requirement to 
maintain bridgetender service on the bridge during evening hours while 
still meeting the reasonable needs of navigation on Grand Canal.

DATES: Comments must be received on or before April 12, 1999.

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 Coast Guard District, 
maintains the

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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: Miss 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 
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 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.

Regulatory History

    On August 28, 1998, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) in the Federal Register (63 FR 45978). The NPRM 
proposed to change the regulations governing the operation of the 
Tortoise Island drawbridge. In response to the NPRM, the Coast Guard 
received objections from local waterway users stating that Grand Canal 
provides a well lit, deep water alternative to the shallow main channel 
of the Banana River. The Banana River is not regularly maintained and 
has unlighted day marks that are far apart. The local waterway users 
expressed their concerns about weekend night openings being delayed 2 
hours vice opening on signal.

Background and Purpose

    The Coast Guard's original proposal included extension of 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 rule was intended 
to reduce the requirement to maintain bridgetender service on the 
bridge during weekend evening hours due to the low volume of boat 
traffic analyzed over an extended period of time.

Discussion of Comments

    Four objections were received to the original NPRM stating that the 
proposed weekend opening restriction would place an undue burden on the 
boating public. They were in opposition of the proposed rule because 
they felt that the bridge owner is not abiding by their original 
agreement that boaters would have access to the waterway at all times. 
The National Marine Fisheries Service stated in their letter that the 
proposal would not affect resources for which the NMFS is responsible 
and offered neither support nor objection.

Discussion of the Revised Proposal

    The Coast Guard reviewed its original proposal and continues to 
believe that the lack of boat use during the evening hours on weekends 
justifies placing additional restrictions on bridge openings. However, 
in order to minimize the impact on navigation, the Coast Guard has 
decreased the proposed restriction to require only 30 minutes advance 
notice for a bridge opening on Friday and Saturday nights and evenings 
preceding federal holidays.
    This revised regulation proposal would maintain the existing 2 
hours advance notice for openings during evening hours Sunday through 
Thursday and would add the 30 minute advance notice for bridge openings 
on Friday and Saturday nights and evenings preceding federal holidays. 
This change is intended to reduce the requirement to maintain 
bridgetender service while still meeting the reasonable needs of 
navigation.

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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary.

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'' 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 rule to be minimal, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this 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 this 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 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.

Proposed Regulations

    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

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

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


Sec. 117.285  Grand Canal.

* * * * *
    (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. 
from Sunday evening until Friday morning, the draw shall open on signal 
if at least 2 hours advance notice is given. On Friday and Saturday 
evening hours and evenings preceding federal holidays, from 10 p.m. to 
6 a.m., the draw shall open on signal if at least 30 minutes advance 
notice is given.

    Dated: January 21, 1999.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 99-3133 Filed 2-8-99; 8:45 am]
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