Drawbridge Operation Regulations; Okeechobee Waterway, Fort Myers, FL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-95-019]

RIN 2115-AE47

Drawbridge Operation Regulations; Okeechobee Waterway, Fort

Myers, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations governing

the Sanibel Causeway Drawbridge, SR869, over San Carlos Bay at Punta

Rassa. This proposal is being made as a result of complaints about

extensive highway traffic delays caused by bridge openings. This change

is intended to relieve highway congestion while still meeting the

reasonable needs of navigation.

DATES: Comments must be received on or before October 16, 1995.

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

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

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

Monday through Friday, except Federal holidays. The telephone number is

305-536-6546.

The Commander, Seventh Coast Guard District maintains the public

docket for this rulemaking. Comments will become part of this docket

and will be available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:

Mr. Ian MacCartney, Project Manager, Bridge Section, at (305) 536-6546.

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 [CGD07-95-019] 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 comments.

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

public hearing by writing to Mr. Ian MacCartney at the address 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 MacCartney, Project Manager, and

Lieutenant J. M. Losego, Project Counsel.

Background and Purpose

The Sanibel Causeway Drawbridge which crosses San Carlos Bay,

Okeechobee Waterway mile 151, presently opens on signal except that

from 11 a.m. to 6 p.m., the draw opens only on the quarter hour and

from 10 p.m. to 6 a.m., the bridge opens on demand with a 5 minute

delay. In February, 1995, the Director of the Lee County Department of

Transportation requested the bridge opening schedule between 7 a.m. and

7 p.m. daily be changed to open only on the hour and 30 minutes after

the hour. Bridge logs and highway traffic data were provided to the

Coast Guard in support of this request.

A comparison of highway traffic volumes between 1985 and 1993

indicated there has been an overall increase in traffic volume with

current levels periodically exceeding highway capacity 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 Lee County, the Coast Guard has

determined that a change in the bridge opening regulations is

warranted.

Discussion of Proposed Amendments

The Coast Guard proposes to reduce the number of potential openings

by authorizing the drawbridge to open only on the hour, 20 minutes

after the hour and 40 minutes after the hour from 7 a.m. to 7 p.m.

daily instead of the existing 15 minute daily schedule. This change is

intended to relieve highway congestion while still meeting the

reasonable needs of navigation.

Regulatory Evaluation

This proposal 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 not been reviewed 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'' may include (1) small businesses and not-

for-profit organizations that are independently owned and operated and

are not dominant in their fields and (2) governmental jurisdictions

with populations of less than 50,000. Because it expects the impact of

this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.

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

economic impact on a substantial number of small entities. If, however,

you think that your business or organization qualifies as a small

entity and that this proposal will have significant economic impact on

your business or organization, please submit a comment (see ADDRESSES)

explaining why you think it qualifies and in what way and to what

degree this proposal will economically affect it.

Collection of Information

This proposal contains no collection of information requirements

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

[[Page 42827]]

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.e(32) of Commandant

Instruction M16475.1B, this proposal 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); section

117.255 also issued under the authority of Pub. L. 102-587, 106

Stat. 5039.

2. In Sec. 117.317, paragraph (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. to 7 p.m., the draw need

open only on the hour, twenty minutes past the hour, and 40 minutes

past the 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. Exempt vessels shall be

passed at any time.

Dated: July 21, 1995.

R.T. Rufe, Jr.,

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

District.

[FR Doc. 95-20359 Filed 8-16-95; 8:45 am]

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