[Federal Register Volume 65, Number 166 (Friday, August 25, 2000)]
[Proposed Rules]
[Pages 51787-51788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21823]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-00-006]
RIN 2115-AE 47


Drawbridge Operation Regulations; Longboat Pass and New Pass, 
Longboat Key, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In response to a request from Manatee County and after 
reviewing opening data for the bridges, the Coast Guard proposes to 
change the regulations governing the operation of the State Road 789 
drawbridge across Longboat Pass, Manatee County and New Pass, Sarasota 
County, in Longboat Key, Florida. The changes would provide continuous 
drawtender attendance at Longboat Pass Bridge and remove the existing 
timed opening schedule for the New Pass Bridge. This action should 
accommodate the needs of vehicle traffic and better provide for the 
reasonable needs of navigation.

DATES: Comments and related material must be received by October 24, 
2000.

ADDRESSES: You may mail comments and related material to Commander 
(obr), 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 p.m. Monday through Friday, except Federal 
holidays. The Commander, Seventh Coast Guard District, maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection and will be available for inspection or 
copying at Commander (obr), Seventh Coast Guard District 909 SE 1st 
Avenue, room 406, Miami, FL 33131, between 8 a.m. and 4 p.m. Monday 
through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer, 
Seventh Coast Guard District, at (305) 415-6730.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking, [CGD7-00-
006], and indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments received during the comment 
period. We may change this proposal in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to us at Seventh Coast Guard District 
(obr), 909 SE 1st Avenue, Room 406, Miami, FL 33133-3050 at the address 
under ADDRESSES, explaining why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    Existing regulations in 33 CFR 117.299 require the Longboat Pass 
Bridge to open on signal from 6 a.m. to 6 p.m.. From 6 p.m. to 6 a.m. 
the bridge is not tended and requires 3 hours advance notice to open. 
The number of openings has increased at the bridge from 3,825 in 1997 
to 4,499 in 1999. In addition, some boaters have reported difficulties 
obtaining openings at night when the bridge is not tended. Manatee 
County asked that the bridge be required to open on signal at all 
times.
    Existing regulations in 33 CFR 117.311 require the New Pass Bridge 
to be attended at all times and provide for timed openings from 7 a.m. 
to 6 p.m. on the hour, 20 minutes past the hour, and forty minutes past 
the hour. Continual shoaling of New Pass has rendered it not navigable 
except for shallowest draft vessels. Consequently, the number of 
openings has continually decreased from 6942 in 1975, to 3847 in 1982 
to 1367 in 1998. Manatee County asks that the bridge no longer operate 
on timed openings and that the bridge not be tended from 6 p.m. to 6 
a.m.

Discussion of Rule

    This proposal would amend 33 CFR 117.299 to require constant, on 
signal bridgetender service. The proposal would amend 33 CFR 117.311 to 
require on signal openings between 6 a.m. and 6 p.m. with 3 hours 
advance notice required between 6 p.m. and 6 a.m. These changes meet 
the increased need for openings at the Longboat Pass bridge because of 
the increased vessel traffic there, while allowing for less openings 
and untended periods at the New Pass bridge because of the significant 
decrease in vessel traffic there. The telephone number to call for an 
after-hours opening would be (941-359-5666).

Regulatory Evaluation

    This proposed 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 polices 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). We expect the economic impact of this proposal to 
be so minimal that a full Regulatory Evaluation under paragraph 10(e) 
of the regulatory policies and procedures of DOT is unnecessary. We 
conclude this because there are no economic impacts in this proposal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would 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 proposed 
rule will not have a significant economic impact on a substantial 
number of small

[[Page 51788]]

entities. Operators of small to medium sized recreational and 
commercial craft will benefit from the proposal by having easier access 
through the drawbridges. If you think that your business, organization, 
or governmental jurisdiction qualifies as a small entity and that this 
proposed rule would have a significant economic impact on it, please 
submit a comment (see addresses) explaining why you think it qualities 
and how to what degree this proposed rule would economically affected 
it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees of the Coast Guard. Small businesses may send comments on 
the actions of Federal employees who enforce, or otherwise determine 
compliance with, Federal regulations to the Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of the Coast 
Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

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

Federalism

    We have analyzed this proposed rule under Executive Order 12612, 
and have determined that this rule does not have sufficient federalism 
implications to warrant the preparation of Federalism Assessment.

Unfunded Mandates Reform Act

    The unfunded Mandates Reform Act of 1995 (2 U.S.C.) (1531-1538) and 
Executive Order 12875, Enhancing the Intergovernmental Partnership, (58 
FR 58093, October 28, 1993) govern 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 proposed rule would 
not impose an unfunded mandate.

Taking of Private Property

    This proposed rule will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

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

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that under figure 2-1, paragraph (32)(e), 
of Commandant Instruction M16475.lC, this rule 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 discussed 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.


Sec. 117.299  [Removed]

    2. Section 117.299 is removed.
    3. Revise Sec. 117.311 to read as follows:


Sec. 117.311  New Pass

    The draw of the State Road 789 bridge, mile 0.5 at Sarasota, shall 
open on signal; except that, from 6 p.m. to 6 a.m., the draw shall open 
on signal if at least three hours notice is given.

    Dated: August 10, 2000.
Thad W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 00-21823 Filed 8-24-00; 8:45 am]
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