[Federal Register Volume 65, Number 97 (Thursday, May 18, 2000)]
[Rules and Regulations]
[Pages 31478-31479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12571]



[[Page 31478]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

(CGD08-00-011)
RIN 2115-AE47


Drawbridge Operating Regulation; Massalina Bayou, Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Commander, Eighth Coast Guard District has temporarily 
changed the regulation governing the operation of the Tarpon Dock 
bascule span drawbridge across Massalina Bayou, mile 0.0, at Panama 
City, Bay County, Florida. The draw of the bridge may remain closed to 
navigation from 9 p.m. until 11 p.m. on July 4, 2000. This temporary 
rule is issued to facilitate movement of vehicular traffic associated 
with a fireworks display. Presently the draw opens on signal at all 
times.

DATES: This rule is effective from 9 p.m. to 11 p.m. on July 4, 2000.

ADDRESSES: Material received from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket CGD08-00-011 and are available for inspection or copying at 
the Bridge Administration Branch, Eighth Coast Guard District, 501 
Magazine Street, Room 1313, New Orleans, Louisiana, 70130-3396 between 
7 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration 
Branch, at the address given above. Telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds good cause 
exists for not publishing an NPRM. This temporary bridge closure has 
become an annual event in conjunction with the 4th of July fireworks 
celebration. The closure is for two hours and does not significantly 
affect marine traffic.

Background and Purpose

    The City of Panama City, Florida requested a temporary rule, 
changing the operation of the Tarpon Dock bascule span drawbridge. The 
rule is needed to accommodate the additional volume of vehicular 
traffic that the fireworks display is expected to generate. The Tarpon 
Dock bascule span drawbridge across Massalina Bayou has a vertical 
clearance of 7 feet above mean high water in the closed-to-navigation 
position and unlimited in the open-to-navigation position. Navigation 
on the waterway consists primarily of commercial fishing vessels, 
sailing vessels and other recreational craft.

Regulatory Evaluation

    This temporary 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. The Office of Management and Budget has not reviewed it 
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).
    We expect the economic impact of this temporary rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    This is because the number of vessels impaired by the closed-to-
navigation period is minimal. All commercial vessels still have ample 
opportunity to transit this waterway before and after the two-hour 
closure on July 4, 2000.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this temporary rule will have a 
significant economic impact on a substantial number of small entities. 
The term ``small entities'' comprises small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this temporary 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
through the Tarpon dock bridge across Massalina Bayou from 9 p.m. to 11 
p.m. on July 4, 2000.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding the temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
If the rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the Bridge 
Administration Branch, Eighth Coast Guard District at the address 
above.

Collection of Information

    This temporary rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    We have analyzed this temporary rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This temporary rule would not impose an unfunded mandate.

Taking of Private Property

    This temporary rule would not effect a taking of private property 
or otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This temporary rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This temporary rule 
is not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environmental

    The Coast Guard considered the environmental impact of this 
temporary rule and concluded that under Figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.1C, this temporary rule is categorically 
excluded from further environmental documentation. Bridge 
Administration Program actions that can be categorically excluded 
include promulgation of operating

[[Page 31479]]

regulations or procedures for drawbridges. 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 is 
amending Part 117 of Title 33, Code of Federal Regulations, 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. From 9 p.m. until 11 p.m. on July 4, 2000, a new temporary 
Sec. 117.T301 is added to read as follows:


Sec. 117.T301  Massalina Bayou.

    The draw of the Tarpon Dock bascule span bridge, Massalina Bayou, 
mile 0.0 at Panama City, shall open on signal; except that from 9 p.m. 
until 11 p.m. on July 4, 2000, the draw need not open for the passage 
of vessels.

    Dated: May 5, 2000.
K.J. Eldridge,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 00-12571 Filed 5-17-00; 8:45 am]
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