Drawbridge Operation Regulations; Gulf Intracoastal Waterway, Sarasota, FL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-93-086]

RIN 2115-AE47

Drawbridge Operation Regulations; Gulf Intracoastal Waterway,

Sarasota, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

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 is changing the regulations

governing the Siesta Key Drawbridge on SR758, Gulf Intracoastal

Waterway mile 71.6, across Roberts Bay at Sarasota, Sarasota

[[Page 6659]] County, Florida. This change is intended to relieve

highway congestion while still meeting the reasonable needs of

navigation.

EFFECTIVE DATE: March 6, 1995.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in drafting this document are Ian L.

MacCartney, Project Manager, and LT. J. M. Losego, Project Counsel.

Regulatory History

On September 16, 1994, the Coast Guard published a notice of

proposed rulemaking entitled Drawbridge Operation Regulations; Gulf

Intracoastal Waterway, Sarasota, FL in the Federal Register (59 FR

47577). The Coast Guard received five letters commenting on the

proposal. A public hearing was not requested and one was not held.

Background and Purpose

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

to 6 p.m., on weekend and holidays, the draw need open 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 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. The Coast Guard 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 Comments and Changes

Two commenters were in favor of the year round 20 minute opening

schedule. One commenter opposed any increase in vessel delays due to

unsafe holding conditions near the bridge. He suggested extending the

existing 15 minute schedule to include peak weekday traffic periods and

recommended improving local traffic light coordination with the bridge

openings. One commenter recommended openings on the hour and half hour

similar to the nearby Ringling Causeway Drawbridge. Another commenter

recommended sailboats be required to operate offshore and pay a fee for

each bridge opening to minimize impacts on highway traffic. The Coast

Guard has carefully considered these comments and has concluded the 20

minute schedule will reduce bridge openings without creating unsafe

holding conditions for waiting vessels. FDOT will be encouraged to

install traffic light preemption programs which should help reduce

cross traffic delays and improve vehicular dispersal after each bridge

opening.

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 for inspection or copying at the above address.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out 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).

2. In Sec. 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.

* * * * * [[Page 6660]]

Dated: January 18, 1995.

W.P. Leahy,

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

[FR Doc. 95-2650 Filed 2-2-95; 8:45 am]

BILLING CODE 4910-14-M