Drawbridge Operating Regulation; Massalina Bayou, FL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR PART 117

[CGD08-99-033]

RIN 2115-AE47

Drawbridge Operating Regulation; Massalina Bayou, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Commander, Eighth Coast Guard District is temporarily

changing the regulation governing the operation of the Tarpon Dock

bascule span drawbridge across Massalina Bayou, mile 0.0, at Panama

City, Bay County, Florida. The draw of the bridge may remain closed o

navigation from 9 p.m. until 11 p.m. on July 4, 1999. This temporary

rule is issued to facilitate movement of vehicular traffic associated

with a fireworks display. Presently the draw opens on signal at all

times.

DATES: This rule is effective from 9 p.m. to 11 p.m. on July 4, 1999.

Comments must be received on or before June 28, 1999

ADDRESSES: The public docket and all documents referred to in its

notice are available for inspection or copying at the office of the

Eighth Coast Guard District, Bridge Administration Branch, Hale Boggs

Federal Building, room 1313, 501 Magazine Street, New Orleans,

Louisiana 70130-34396 between 7 a.m. and 4 p.m. Monday through Friday,

except Federal holidays. You may also mail comments to the address

given above or deliver them to the same address between 7 a.m. and 4

p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Phil Johnson, Bridge Administration

Branch, at the address given above. Telephone (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Requests for Comments

The Coast Guard encourages interested parties to participate in

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

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD08-99-033) and the specific section of

this document to which each comment applies, and give the reason for

each comment. Please submit two copies of all comments and attachments

in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes. The Coast Guard will consider all comments received during

the comment period. This temporary rule may be changed in view of the

comments.

Background

The City of Panama City, Florida requested a temporary rule,

changing the operation of the Tarpon Dock bascule span drawbridge. The

rule is needed to accommodate the additional volume of vehicular

traffic that the fireworks display is expected to generate.

Discussion of Temporary Rule

The Tarpon Dock bascule span drawbridge across Massalina Bayou has

a vertical clearance of 7 feet above mean high water in the closed-to-

navigation position and unlimited in the open-to-navigation position.

Navigation on the waterway consists primarily of commercial fishing

vessels, sailing vessels and other recreational craft.

A comment period is being provided for interested parties to

express their views. If comments are received, the Coast Guard may

change this rule.

Regulatory Evaluation

This temporary rule is not a significant regulatory action under

section 3(f) of Executive Order 12866 and does not require an

assessment of potential cost 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 temporary rule

to be so minimal that a full Regulatory Evaluation under paragraph

10(e) of the regulatory policies and procedures of DOT is unnecessary.

This is because the number of vessels impaired during the closed-to-

navigation period is minimal.

All commercial vessels still have ample opportunity to transit this

waterway before and after the two-hour closure on July 4, 1999.

Small Entities

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

Coast Guard must consider whether this temporary rule will have a

significant economic impact on a substantial number of small entities.

``Small entities'' may include small businesses, not-for-profit

organizations that are independently owned and operated and are not

[[Page 29559]]

dominant in their fields and governmental jurisdictions with

populations of less than 50,000.

Local commercial fishing vessels will only be inconvenienced for

two hours on one evening. Thus, the economic impact is expected to be

minimal. there is no indication that other waterway users would suffer

any type of economic hardship if they are precluded from transiting the

waterway during the two hours that the draw is scheduled to remain in

the closed-to-navigation position. Therefore, the Coast Guard certifies

under 5 U.S.C. 605(b) that this temporary rule will not have a

significant economic impact on a substantial number of small entities.

Collection of Information

This temporary rule does not provide for a collection-of-

information requirement under the Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this temporary rule under the

principles and criteria contained in Executive Order 12612 and has

determined that this temporary rule does not have sufficient

implications for federalism to warrant the preparation of a Federalism

Assessment. The authority to regulate the permits of bridges over the

navigable waters of the U.S. belongs to the Coast Guard by Federal

statutes.

Environmental

The Coast Guard considered the environmental impact of this

temporary rule and concluded that under Figure 2-1, paragraph 32(e) of

Commandant Instruction M16475.1C, this temporary rule 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 is

amending part 117 of title 33, Code of Federal Regulations, as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

1. The authority citation for part 117 continues to read as

follows:

Authority: 33 U.S.C. Sec. 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. Effective 9 p.m. to 11 p.m. on July 4, 1999, Sec. 117.301 is

temporarily added to read as follows:

Sec. 117.301 Massalina Bayou.

The draw of the Tarpon Dock bascule span bridge, Massalina Bayou,

mile 0.0 at Panama City, shall open on signal, except that from 9 p.m.

until 11 p.m. on July 4, 1999, the draw need not open for vessel

traffic and may be maintained in the closed-to-navigation position.

Dated: May 20, 1999.

Paul J. Pluta

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

[FR Doc. 99-13939 Filed 6-1-99; 8:45 am]

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