[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Proposed Rules]
[Pages 23640-23642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11714]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-01-009]
RIN 2115-AE47


Drawbridge Operation Regulation; Massalina Bayou, Florida

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a change to 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 proposed rule would allow the draw of the bridge to remain closed 
to navigation from 9 p.m. until 11 p.m. on July 4 of each year. This 
rule will facilitate movement of vehicular traffic associated with a 
fireworks display which is conducted annually on July 4. Presently the 
draw opens on signal at all times.

DATES: Comments and related material must reach the Coast Guard on or 
before May 22, 2001.

ADDRESSES: You may mail comments to Commander (ob), Eighth Coast Guard 
District, 501 Magazine Street, New Orleans, Louisiana 70130-3396, or 
deliver them to room 1313 at the same address between 7 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The Commander, 
Eighth Coast Guard District, Bridge Administration Branch 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 the Bridge Administration 
Branch, Eighth Coast Guard District between 7 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays.

[[Page 23641]]


FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration 
Branch, 504-589-2965.

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 (CGD08-01-
009), 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 now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Commander, Eighth Coast Guard 
District, Bridge Administration Branch 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

    The City of Panama City, Florida requested a change in the 
drawbridge operating regulation, governing 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 
normally generates. This 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. 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.

Discussion of Proposed Rule

    This proposed rule would allow the bridge to remain closed to 
navigation from 9 p.m. until 11 p.m. on July 4 of each year. The 
closure of the bridge would affect vessel traffic for a two-hour period 
on one evening per year. This closure is necessary to accommodate an 
increase in volume of vehicular traffic, crossing the bridge resulting 
from the annual fireworks display, an event of public interest. The 
rule would allow the bridge to open during this period for a vessel in 
distress.

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 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.

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. The small entities concerned with this 
proposed rule are the local commercial fishermen who transit the 
bridge. This proposed rule will only delay transiting the bridge for 
two hours on one evening per year.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 (Pub. L. 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 
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 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 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 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 Eexecutive 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

[[Page 23642]]

further environmental documentation. This proposal will change an 
existing special drawbridge operating regulation promulgated by a Coast 
Guard Bridge Administration Program action. 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 set out in the preamble, the Coast Guard proposes 
to amend 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. Section 117.301 is added to read as follows:


Sec. 117.301  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, each year, the draw need not open for the 
passage of vessels. The draw will open at any time for a vessel in 
distress.

    Dated: April 13, 2001.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-11714 Filed 5-8-01; 8:45 am]
BILLING CODE 4910-15-P