[Federal Register Volume 68, Number 137 (Thursday, July 17, 2003)]
[Proposed Rules]
[Pages 42331-42333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18136]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-03-072]
RIN 1625-AA09


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the operating regulations 
and the name of the Gasparilla Island Causeway bridge, across the Gulf 
Intracoastal Waterway, mile 34.3, in Boca Grande, Florida. The proposed 
rule would require the bridge to open only two times an hour during the 
weekdays and four times an hour during certain times on the weekends 
and Federal holidays. This change would improve the flow of vehicular 
traffic while not significantly impacting navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before September 15, 2003.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 SE. 1st Ave, Room 432, Miami, 
Florida, 33131. Comments and material received from the public, as well 
as documents indicated in the preamble as being available in the 
docket, will become part of this docket and are available for 
inspection or copying at Commander (obr), Seventh Coast Guard District, 
909 SE. 1st Avenue, Room 432, Miami, Florida, 33131, between 8 a.m. and 
4:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Seventh Coast Guard 
District, Bridge Branch, 909 SE. 1st Ave Miami, Florida, 33131, 
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 [CGD07-03-
072], 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. However, you may 
submit a request for a meeting by writing to Bridge Branch, Seventh 
Coast Guard District, 909 SE. 1st Ave, Room 432, Miami, Florida, 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 bridge across the Gulf Intracoastal 
Waterway, mile 34.3, is a swingbridge with a vertical clearance of 9 
feet at mean high water and a horizontal clearance of 81 feet. The 
current operating regulations published in 33 CFR 117.287(a-1), require 
the bridge to open on signal; except that, from January 1 to May 31, 
from 7 a.m. to 5 p.m., the bridge need open only on the hour, quarter 
hour, half hour and three quarter hour. The bridge owner requested a 
change to the bridge operating schedule so that the bridge must open on 
signal, except that from 7 a.m. to 6 p.m., Monday through Friday, 
except Federal holidays, the bridge need open only on the hour and half 
hour, and, from 7 a.m. to 6 p.m. on weekends and Federal holidays, the 
bridge need open only on the hour, quarter hour, half hour and three 
quarter hour. This regulatory proposal would ease vehicular traffic 
congestion while providing for the reasonable needs of navigation. The 
bridge currently opens less than two times per hour on both weekdays 
and weekends.
    In addition, the owner requested that the name of the bridge be 
changed to the Boca Grande Swingbridge, as it is known locally. The 
local name is more

[[Page 42332]]

descriptive of the bridge's swingbridge design.

Discussion of Proposed Rule

    The proposed rule would require the bridge to open on signal, 
except that, from 7 a.m. to 6 p.m., Monday through Friday, except 
Federal holidays, the bridge need open only on the hour and half hour, 
and from 7 a.m. to 6 p.m. on weekends and Federal holidays, the bridge 
need open only on the hour, quarter hour, half hour and three quarter 
hour. This proposed rule would also change the name of the bridge to 
the Boca Grande Swingbridge.

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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary because the proposed rule provides 
for regular openings that will accommodate the reasonable needs of 
navigation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 allows for regular 
bridge openings and would meet the reasonable needs of navigation.
    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 proposed 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 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 proposed rule would 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.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the

[[Page 42333]]

Instruction from further environmental documentation. Under figure 2-1, 
paragraph (32)(e), of the Instruction, an ``Environmental Analysis 
Check List'' and a ``Categorical Exclusion Determination'' are not 
required for this rule. Comments on this section will be considered 
before we make the final decision on whether to categorically exclude 
this rule from further environmental review.

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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); Section 117.255 also issued 
under 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 Boca Grande Swingbridge, mile 34.3, shall 
open on signal; except that, from 7 a.m. to 6 p.m., Monday through 
Friday, except Federal holidays, the draw need open only on the hour 
and half hour. On Saturday, Sunday and Federal holidays from 7 a.m. to 
6 p.m., the draw need open only on the hour, quarter hour, half hour 
and three quarter hour.
* * * * *

    Dated: July 3, 2003.
Harvey Johnson Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-18136 Filed 7-16-03; 8:45 am]
BILLING CODE 4910-15-P