[Federal Register Volume 66, Number 134 (Thursday, July 12, 2001)]
[Rules and Regulations]
[Pages 36466-36467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17413]



[[Page 36466]]

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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: Final rule.

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SUMMARY: The Coast Guard is changing 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 rule allows 
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: This rule is effective on July 4, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD08-01-009 and are 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.

FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration 
Branch, Eighth Coast Guard District at the address given above, 
telephone 504-589-2965.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 9, 2001, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Drawbridge Operation Regulation; Massalina 
Bayou, Florida in Federal Register (66 FR 23640). The Coast Guard 
received no letters in response to the NPRM. No public hearing was 
requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This rule is required to be 
implemented in less than 30 days because the event will occur in less 
than 30 days.

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 Comments and Changes

    No comments regarding the temporary deviation or the NPRM were 
received.

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. 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 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 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 rule 
would not have a significant economic impact on a substantial number of 
small entities. The small entities concerned with this rule are the 
local commercial fishermen who transit the bridge. This rule will only 
delay transiting the bridge for two hours on one evening per year.

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 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 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 rule under Executive Order 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 rule will not impose an unfunded mandate.

Taking of Private Property

    This 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 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

    The Coast Guard analyzed this 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination

[[Page 36467]]

with Indian Tribal Governments, because it does not have a substantial 
direct effect on one or more Indian tribes, on the relationship between 
the Federal Government and Indian tribes, or on the distribution of 
power and responsibilities between the Federal Government and Indian 
tribes.

Environment

    The Coast Guard considered the environmental impact of this 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. This will change the existing 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 amends 
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: June 28, 2001.
Roy J. Casto,
RADM, USCG, Commander, 8th CG District.
[FR Doc. 01-17413 Filed 7-11-01; 8:45 am]
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