[Federal Register Volume 66, Number 54 (Tuesday, March 20, 2001)]
[Proposed Rules]
[Pages 15677-15678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6905]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-00-129]
RIN 2115-AE47


Drawbridge Operation Regulations; Gulf Intracoastal Waterway, 
Boca Grande, Charlotte County, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to permanently change the operating 
regulations of the Gasparilla Island Causeway Drawbridge across the 
Gulf Intracoastal Waterway, mile 34.3, in Boca Grande, FL. This 
proposed rule would increase the current opening schedule by three 
hours, moving the starting hour from 10 a.m. to 7 a.m., January 1 to 
May 31. During the scheduled opening period, the draw may open on the 
hour, quarter hour, half hour and three quarter hour. This change would 
improve the flow of vehicular traffic during the daytime hours in the 
winter tourist season.

DATES: Comments and related material must reach the Coast Guard on or 
before May 21, 2001.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 S.E. 1st Avenue, Miami, FL 
33131. Commander (obr) 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 or 
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st 
Avenue, Room 406, Miami, FL 33131 between 7:30 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, Bridge Branch, at (305) 415-6743.

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 [CGD07-00-
129], 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 and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Bridge Branch, Seventh Coast Guard 
District, 909 SE. 1st Avenue, Room 406, Miami, FL 33131, 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

    The Gasparilla Island Causeway Drawbridge across the Gulf 
Intracoastal Waterway, mile 34.3, has a vertical clearance of 9 feet at 
mean high water and a horizontal clearance of 81 feet. The owner of the 
bridge requested a change to current operating schedule in effect from 
January 1 through May 31. The owner requested that scheduled openings 
start at 7 a.m., three hours earlier than the current regulations 
provide, to ease the flow of seasonal vehicular traffic during the 
morning.

Discussion of Proposed Rule

    The current operating regulations provide for the draw to open on 
signal, except from January 1 through May 31, from 10 a.m. until 5 
p.m., the draw need only open on the hour, quarter hour, half hour, and 
three quarter hour. The bridge owner requested a change to the 
regulations so scheduled openings will begin at 7 a.m. and finish at 5 
p.m. This proposed change would ease the flow of increased seasonal 
vehicular traffic over the bridge during the morning rush hour and 
would have little or no impact on vessel traffic. Vehicular traffic has 
steadily increased in volume since 1983, from approximately 1700 
vehicles per day to approximately 2200 per day during the winter 
tourist season, while vessel traffic has remained constant.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866

[[Page 15678]]

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 proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary because it 
only extends the scheduled openings by three hours during the winter 
season.

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 would not have a significant economic impact on a substantial 
number of small entities because the proposed rule only extends the 
scheduled openings by three hours each day during the winter season.
    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 qualifies and how and to 
what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact Mr. Barry Dragon 
at (305) 415-6743 for assistance in understanding and participating in 
this rulemaking.

Collection of Information

    This proposed 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 proposed rule under Executive Order 13132 and 
have determined that this proposed rule would not have implications 
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 proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would 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 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

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph 32(e), of Commandant 
Instruction M16475.lC, this proposed rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket 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.

    2. Section 117.287(a-1) is revised to read as follows:


Sec. 117.287  Gulf Intracoastal Waterway.

* * * * *
    (a-1) The draw of the Gasparilla Island Causeway drawbridge, mile 
34.3, at Boca Grande shall open on signal; except that from January 1 
to May 31, from 7 a.m. to 5 p.m., the draw need open only on the hour, 
quarter hour, half hour, and three quarter hour.
* * * * *

    Dated: December 21, 2000.
T.W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 01-6905 Filed 3-19-01; 8:45 am]
BILLING CODE 4910-15-P