Drawbridge Regulations: Grand Canal, FL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-98-048]

RIN 2115-AE47

Drawbridge Regulations: Grand Canal, FL

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulation governing

the operation of the Tortoise Island drawbridge across the Grand Canal

at Tortoise Island, Brevard County, Florida. The Coast Guard has

reconsidered its original proposal in the NPRM published on August 28,

1998, extending the 2 hours advance notice for opening on signal to

include Friday and Saturday nights and evenings preceding federal

holidays, and now is proposing only 30 minutes advance notice for

opening the bridge on Friday and Saturday nights and evenings preceding

federal holidays. This rule is intended to reduce the requirement to

maintain bridgetender service on the bridge during evening hours while

still meeting the reasonable needs of navigation on Grand Canal.

DATES: Comments must be received on or before April 12, 1999.

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

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

delivered to room 406 at the above address between 7:30 a.m. and 4:00

p.m. Monday through Friday, except federal holidays. The telephone

number is (305) 536-6546. The Commander, Seventh Coast Guard District,

maintains the

[[Page 6291]]

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: Miss Evelyn Smart, Project Manager,

Bridge Section, (305) 536-6546.

SUPPLEMENTARY INFORMATION:

Requests 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

the rulemaking [CGD07-98-048] and the specific section of this revised

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 received.

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

public hearing by writing to Ms. Evelyn Smart at the address under

ADDRESSES. The request should include the 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.

Regulatory History

On August 28, 1998, the Coast Guard published a Notice of Proposed

Rulemaking (NPRM) in the Federal Register (63 FR 45978). The NPRM

proposed to change the regulations governing the operation of the

Tortoise Island drawbridge. In response to the NPRM, the Coast Guard

received objections from local waterway users stating that Grand Canal

provides a well lit, deep water alternative to the shallow main channel

of the Banana River. The Banana River is not regularly maintained and

has unlighted day marks that are far apart. The local waterway users

expressed their concerns about weekend night openings being delayed 2

hours vice opening on signal.

Background and Purpose

The Coast Guard's original proposal included extension of the 2

hours advance notice for opening on signal now authorized during

evening hours Sunday through Thursday, to include Friday and Saturday

nights and evenings preceding federal holidays. This rule was intended

to reduce the requirement to maintain bridgetender service on the

bridge during weekend evening hours due to the low volume of boat

traffic analyzed over an extended period of time.

Discussion of Comments

Four objections were received to the original NPRM stating that the

proposed weekend opening restriction would place an undue burden on the

boating public. They were in opposition of the proposed rule because

they felt that the bridge owner is not abiding by their original

agreement that boaters would have access to the waterway at all times.

The National Marine Fisheries Service stated in their letter that the

proposal would not affect resources for which the NMFS is responsible

and offered neither support nor objection.

Discussion of the Revised Proposal

The Coast Guard reviewed its original proposal and continues to

believe that the lack of boat use during the evening hours on weekends

justifies placing additional restrictions on bridge openings. However,

in order to minimize the impact on navigation, the Coast Guard has

decreased the proposed restriction to require only 30 minutes advance

notice for a bridge opening on Friday and Saturday nights and evenings

preceding federal holidays.

This revised regulation proposal would maintain the existing 2

hours advance notice for openings during evening hours Sunday through

Thursday and would add the 30 minute advance notice for bridge openings

on Friday and Saturday nights and evenings preceding federal holidays.

This change is intended to reduce the requirement to maintain

bridgetender service while still meeting the reasonable needs of

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

rule to be so minimal that a full Regulatory Evaluation under paragraph

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

Small Entities

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

Coast Guard must consider whether this rule will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include small businesses and not-for-profit organizations

that are independently owned and operated and are not dominant in their

field, and governmental jurisdictions with populations of less than

50,000.

Because it expects the impact of this rule to be minimal, the Coast

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

significant economic 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 rule under the principles and

criteria contained in Executive Order 12612, and has determined that

this rule does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the environmental impact of this rule

and has determined pursuant to Figure 2-1, paragraph 32(e) of

Commandant Instruction M16475.1C, that this action is categorically

excluded from further environmental documentation. A categorical

exclusion determination for this rulemaking is available in the public

docket for inspection and copying.

List of Subjects in 33 CFR Part 117

Bridges.

Proposed Regulations

In consideration of the foregoing, the Coast Guard proposes to

amend 33 CFR part 117, as follows:

PART 117--[AMENDED]

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

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under the authority of Pub. L. 102-587, 106 Stat. 5039.

2. Revise Sec. 117.285 paragraph (b) to read as follows:

Sec. 117.285 Grand Canal.

* * * * *

(b) The draw of the Tortoise Island bridge, mile 2.6, shall open on

signal; except that during the evening hours from 10 p.m. to 6 a.m.

from Sunday evening until Friday morning, the draw shall open on signal

if at least 2 hours advance notice is given. On Friday and Saturday

evening hours and evenings preceding federal holidays, from 10 p.m. to

6 a.m., the draw shall open on signal if at least 30 minutes advance

notice is given.

Dated: January 21, 1999.

Norman T. Saunders,

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

District.

[FR Doc. 99-3133 Filed 2-8-99; 8:45 am]

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