Drawbridge Operation Regulations; Gulf Intracoastal Waterway, Sarasota, FL

DEPARTMENT OF TRANSPORTATION

33 CFR Part 117

[CGD07-93-086]

RIN 2115-AE47

Drawbridge Operation Regulations; Gulf Intracoastal Waterway,

Sarasota, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: At the request of the Sarasota/Manatee Metropolitan Planning

Organization (MPO) and the Florida Department of Transportation (FDOT),

(the bridge owner), the Coast Guard proposes to change the regulations

governing the Siesta Key Drawbridge on SR758, Gulf Intracoastal

Waterway mile 71.6, across Roberts Bay at Sarasota, Sarasota County,

Florida. This change is intended to relieve highway congestion while

still meeting the reasonable needs of navigation.

DATES: Comments must be received on or before November 15, 1994.

ADDRESSES: Comments may be mailed to Commander (oan), Seventh Coast

Guard District, 909 SE. 1st Avenue, Miami, FL 33131-3050, or be may be

delivered to Room 406 at the above address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal holidays. For information

concerning comments the telephone number is 305-536-4103.

FOR FURTHER INFORMATION CONTACT:

Ian L. MacCartney, Project Manager, Bridge Section, at (305) 536-5646.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking [CGD7-93-086] and the specific section of this

proposal to which each comment applies, and give the reason for each

comment. The Coast Guard requests that all comments and attachments be

submitted in an unbound format suitable for copying. If not practical,

a second copy of any bound material is requested. Persons wanting

acknowledgment of receipt of comments should enclose a stamped, self-

addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to Mr. Ian MacCartney under ADDRESSES. The

request should include reasons why a hearing would be beneficial. If it

determines that the opportunity for oral presentations will aid this

rulemaking, the Coast Guard will hold a public hearing at a time and

place announced by a later notice in the Federal Register.

Drafting Information

The principal persons involved in drafting this document are Mr.

Ian L. MacCartney, Project Manager, and LT. J.M. Losego, Project

Counsel.

Background and Purpose

This drawbridge presently opens on signal except that from 11 a.m.

to 6 p.m. on weekends and holidays, the draw opens only on the hour,

quarter-hour, half-hour and three quarter-hour. The MPO and FDOT

requested that the bridge open only on the hour and half-hour during

certain periods of each day to help reduce traffic delays, particularly

during morning and afternoon commuter hours and on busy weekends. A

comparison of highway traffic volumes between 1985 and 1993 indicated

there has been an overall increase in traffic volume with current

levels exceeding highway capacity (LOS F--parking lot conditions) on

weekday afternoons during the winter season without any bridge

openings. The number of bridge openings continue to average less than

two per hour with a maximum of 4 openings per hour being experienced

periodically during the winter season. Based on analysis of the highway

traffic and bridge opening data provided by FDOT on June 28, 1993, the

Coast Guard determined that most of the weekday delays were caused by

back to back bridge openings which did not allow accumulated vehicle

traffic to clear before the next opening.

We concluded that a 30 minute opening schedule was not warranted,

but, as a compromise, tested a 20 minute opening schedule which would

limit openings to 3 times per hour daily, year around. This test was

conducted from January 1, 1994, to February 23, 1994. The results

demonstrated that strong cross winds, heavy currents and shallow water

adjacent to the channel near the bridge create holding conditions for

northbound vessels that could become unsafe for navigation if the

opening schedule is extended to 30 minutes. A daily 20 minute schedule

would help reduce traffic delays without significantly increasing the

danger to vessels caused by the potentially unsafe holding conditions.

Discussion of Proposed Amendments

The proposed change would limit the maximum number of openings to 3

per hour with a 20 minute opening schedule. Since the highway traffic

data shows roadway congestion starts to increase in mid morning, the

regulated period will be from 11 a.m. to 6 p.m. daily. This change

should reduce traffic delays without unreasonably impacting navigation.

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. It

has been exempted from review by the Office of Management and Budget

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 Coast Guard expects the economic impact of this

proposal to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT (44 FR

11040; February 26, 1979) is unnecessary. We conclude this because the

rule exempts tugs with tows.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small entities'' include independently owned and operated

small businesses that are not dominant in their field and that

otherwise qualify as ``small business concerns'' under section 3 of the

Small Business Act (15 U.S.C. 632). Because it expects the impact of

this proposal to be minimal, the Coast Guard certifies under section

605(b) that this proposal, if adopted, will not have a significant

impact on a substantial number of small entities.

Collection of Information

This rule contains no collection of information requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612, and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that, under section 2.B.2.g.(5) of Commandant

Instruction M16475.1B, promulgation of operating requirements or

procedures for drawbridges is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination is

available in the docket for inspection or copying 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 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. In section 117.287, paragraph (b-1) is revised to read as

follows:

Sec. 117.287 Gulf Intracoastal Waterway.

* * * * *

(b-1) The draw of the Siesta Key bridge, mile 71.6 at Sarasota,

shall open on signal, except that, from 11 a.m. to 6 p.m. daily, the

draw need open only on the hour, 20 minutes past the hour, and 40

minutes past the hour.

* * * * *

Dated: September 1, 1994.

W.P. Leahy,

Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard

District.

[FR Doc. 94-23018 Filed 9-15-94; 8:45 am]

BILLING CODE 4910-14-M