[Federal Register Volume 67, Number 23 (Monday, February 4, 2002)]
[Proposed Rules]
[Pages 5076-5078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2636]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD7-01-144]
RIN 2115-AE47


Drawbridge Operation Regulations; Sanibel Causeway Drawbridge, 
Okeechobee Waterway, Fort Myers, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to change the operating regulations 
of the Sanibel Causeway Drawbridge, mile 151, Okeechobee Waterway, Fort 
Myers, Florida. This proposed rule would allow the drawbridge to open 
on signal, except that from 7 a.m. until 6 p.m., Monday through Friday 
except Federal holidays, the draw need only open on the hour and half 
hour. On Saturday, Sunday and Federal holidays the draw shall open on 
signal, except that from 7 a.m. until 6 p.m., the draw need only open 
on the hour, quarter hour, half hour and three quarter hour. This 
action is intended to improve the movement of vehicular traffic while 
not unreasonably interfering with the needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before April 5, 2002.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 S. E. 1st Avenue, Room 406, 
Miami, FL 33131. 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 [CGD07-01-144] and are available for 
inspection or copying at Commander (obr), Seventh Coast Guard District, 
909 S. E. 1st Avenue, Miami, FL 33131 between 8 a.m. and 4:30 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Bridge Branch, 909 
SE 1st Ave, Miami, FL 33130, telephone number 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 [CGD07-01-
144], 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 Bridge Branch, Seventh Coast Guard 
District, 909 SE 1st Ave, 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 Sanibel Causeway bascule bridge is a two lane, narrow, 
undivided arterial roadway which is the only roadway onto and off of 
Sanibel Island. This roadway is severely congested due to insufficient 
vehicular capacity. The existing operating schedule is published in 33 
CFR 117.317(j). The existing regulation allows the draw to open on 
signal; except that from 11 a.m. to 6

[[Page 5077]]

p.m., the draw need open only on the hour, quarter hour, half hour, and 
three quarter hour. From 10 p.m. to 6 a.m., the draw will open on 
signal if at least a five minute advance notice is given. The proposed 
rule will allow the bridge to open the bridge on the hour and half hour 
during the heavy vehicle traffic period from 7 a.m. until 6 p.m. each 
weekday.
    From March 1, 2001 to April 30, 2001, the Coast Guard authorized a 
temporary deviation from the published regulations to determine the 
impacts of a change in the current operating regulation. The temporary 
deviation entitled Notice of temporary deviation from regulations 
(CGD07-01-005) was published on February 9, 2001 in 66 FR 9660. This 
temporary deviation allowed the bridge to open on signal, except that 
from 7 a.m. to 6 p.m. daily, the draw only had to open on the hour and 
half-hour. The five-minute advanced notice from 10 p.m. until 6 a.m. in 
33 CFR 117.317(j) remained in effect during the deviation. This test 
resulted in a minor improvement for vehicular traffic; however, during 
weekends and Federal holidays there was a significant increase in 
vessel traffic congestion while awaiting the timed bridge openings. Due 
to the strong currents and sea conditions in the immediate area where 
vessels were required to standby for the next bridge opening, vessel 
safety was reduced.
    We received 72 timely comments from the public concerning the 
temporary deviation. Sixty-one of the comments supported the half-hour 
opening on the weekdays and 11 supported the quarter-hour opening on 
weekends during the testing period of March 1, 2001 to April 30, 2001. 
The 61 comments were from motorists and the 11 comments were from 
vessels owners.

Discussion of Proposed Rule

    In order to meet the reasonable needs of navigation while not 
significantly impacting vehicular traffic, the Coast Guard proposes to 
allow the Sanibel Causeway bridge to open on signal, except that from 7 
a.m. until 6 p.m., Monday through Friday except Federal holidays the 
bridge need open only on the hour and half hour. On Saturday, Sunday 
and Federal holidays the draw shall open on signal, except from 7 a.m. 
until 6 p.m., the draw need only open on the hour, quarter hour, half 
hour, and three quarter hour. From 10 p.m. until 6 a.m. daily, the draw 
shall open on signal if at least five minutes advance notice is given 
to the bridge tender. This proposed rule will facilitate the movement 
of vehicle traffic across the bridge while not unreasonably interfering 
with or decreasing vessel safety while awaiting passage through the 
draw.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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) because this 
proposed rule only slightly modifies the existing bridge operation 
schedule.

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.
    This proposed rule may affect the following entities, some of which 
might be small entities: the owners or operators of vessels and 
vehicles intending to transit under and over the Sanibel Causeway 
bridge during the hours of 7 a.m. to 6 p.m. 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 this proposed rule only slightly modifies the existing bridge 
operation schedule.
    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 (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 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT.
    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 proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that my 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $1,000,000 or more in any 
one year. Though this proposed rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

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.

[[Page 5078]]

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 
create 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 M16475.1D, this proposed rule is categorically excluded 
from further environmental documentation.

Indian Tribal Governments

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

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

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).

    2. Section 117.317(j) is revised to read as follows:


Sec. 117.317  Okeechobee Waterway.

* * * * *
    (j) The draw of the Sanibel Causeway bridge, mile 151, shall open 
on signal, except that from 7 a.m. until 6 p.m., Monday through Friday 
except Federal holidays, the draw need only open on the hour and half 
hour. On Saturday, Sunday and Federal holidays the draw shall open on 
signal, except from 7 a.m. until 6 p.m., the draw need only open on the 
hour, quarter hour, half hour, and three quarter hour. From 10 p.m. 
until 6 a.m. daily, the draw shall open on signal if at least five 
minutes advance notice is given to the bridge tender.

    Dated: January 16, 2002.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 02-2636 Filed 2-1-02; 8:45 am]
BILLING CODE 4910-15-U