[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Rules and Regulations]
[Pages 40606-40608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14968]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-01-144]
RIN 2115-AE47


Drawbridge Operation Regulations; Sanibel Causeway Bridge, 
Okeechobee Waterway, Punta Rassa, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the Sanibel Causeway bridge, Okeechobee Waterway, mile 
151, Punta Rassa, Florida. This rule requires the draw 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. From 10 
p.m. until 6 a.m. daily, the draw will open on signal if at

[[Page 40607]]

least five minutes advance notice is given. This action is intended to 
improve movement of vehicular traffic while not unreasonably 
interfering with the movement of vessel traffic.

DATES: This rule is effective July 15, 2002.

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 [CGD7-01-144] and are available for inspection or 
copying at Commander (obr) Seventh Coast Guard District, 909 SE 1st 
Ave, 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 Manager, 
Seventh Coast Guard District, Bridge Branch, (305) 415-6743.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 4, 2002 we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations, Sanibel Causeway 
Drawbridge, Okeechobee Waterway, Florida in the Federal Register (67 FR 
23). We received three letters commenting on the proposed rule. No 
public hearing was requested, and none was held.

Background and Purpose

    The Sanibel Causeway bascule bridge is part of a two-lane narrow, 
undivided arterial roadway, which is the only roadway on and off 
Sanibel Island. This roadway is severely congested due to insufficient 
vehicular capacity. The existing regulation is published in 33 CFR 
117.317(j) and allows the bridge to open on signal, except from 11 a.m. 
until 6 p.m. daily, the draw need only open 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 new rule will allow the bridge to open on signal, except that from 
7 a.m. until 6 p.m., Monday through Friday, except Federal holidays, 
the draw only need open on the hour and half hour. On Saturday, Sunday, 
and Federal holidays the draw shall open on signal except that from 
7a.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. the draw 
will open on signal if at least five minutes advance notice is given.

Discussion of Comments and Changes

    We received three letters of comment concerning this proposed rule. 
All the letters supported the proposal. No changes were made to the 
proposed rule as a result of the comments.

Regulatory Evaluation

    This 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).
    The economic impact of this rule will be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary because this rule only slightly 
modifies the existing bridge schedule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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.
    This rule may affect the following entities, some of which might be 
small entities: the owners or operators of vessels intending to transit 
under the Sanibel Causeway bridge between the hours of 7 a.m. to 6 
p.m., Monday through Friday, except Federal holidays. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities. 
This rule will not have a significant economic impact on a substantial 
number of small entities because this rule only slightly modifies the 
existing operation schedule and the maximum waiting time for vessels to 
pass will be about 25 minutes.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 
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

    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 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 may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Although this 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 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 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 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.

[[Page 40608]]

Indian Tribal Governments

    This 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 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.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.


    For the reasons discussed in the preamble, the Coast Guard amends 
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 117.317(j) is revised to read as follows:


Sec. 117.317  Okeechobee Waterway

* * * * *
    (j) Sanibel Causeway bridge, mile 151 at Punta Rassa. The draw 
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 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. 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: May 26, 2002.
John E. Crowley, Jr.,
Captain, Coast Guard, Acting Commander, Seventh Coast Guard District.
[FR Doc. 02-14968 Filed 6-12-02; 8:45 am]
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