[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Proposed Rules]
[Pages 29676-29677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14395]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-98-009]
RIN 2115-AE47


Drawbridge Operation Regulations; Billy's Creek, Florida

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to create regulations governing the 
operation of the State Road 80 drawbridge across Billy's Creek, Fort 
Myers, Lee County, Florida. The proposed regulations would allow the 
draw to remain closed permanently. The bridge has not received an 
opening notice since 1987. This action should accommodate the needs of 
vehicle traffic and still provide for the reasonable needs of 
navigation.

DATES: Comments must be received on or before July 31, 1998.

ADDRESSES: Comments must 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 am and 4:00 
p.m. Monday through Friday, except federal highways. The telephone 
number is (305) 536-4103. Comments will become part of this docket and 
will be available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:
Mr. Walt Paskowsky, Project Manager, Bridge Section, (305) 536-4103.

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 
the rulemaking [CGD08-98-009] and the specific section of this proposal 
to which each comment applies, and give the reason for each comment. 
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 the address listed in 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 notice in the Federal Register.

Background and Purpose

    The State Road 80 bridge over Billy's Creek near Fort Myers Florida 
currently opens with 24 hours advance notice. However no requests for 
bridge openings have been received since 1987. The Florida Department 
of Transportation (DOT) has stated that the bridge currently handles 
two lanes of one way land traffic going into the city, and that there 
is no practical way to reroute traffic around the bridge if it were 
opened.
    Additionally, the Florida DOT found that there is no boat traffic 
in the area that requires an opening. Therefore, the Coast Guard has 
agreed to propose permanent regulations stating that the draw need not 
be opened for the passage of vessels.

Regulatory Evaluation

    This proposed 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 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 10 e of the regulatory policies and 
procedures of DOT is unnecessary as there has not been a demand for an 
opening in the last 10 years.

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'' may 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 the proposal to be minimal, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposal will not 
have a significant economic impact on a substantial number of small 
entities due to the lack of any vessel traffic in the area that would 
require the bridge to be opened. If, however, you think that your 
business or organization qualifies as a small entity and that this 
proposed rule will have a significant economic impact

[[Page 29677]]

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 proposed rule will economically affect it.

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 the 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 has considered the environmental impact of this 
rule and concluded that under section 2.B.2.a (CE#32(e)) of Commandant 
Instruction M16475.1C, that the 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 and copying.

List of Subjects in 33 CFR Part 117

    Bridges.

    In consideration of the foregoing, the Coast Guard proposes to 
amend Part 117 of Title 33, Code of Federal Regulations, 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 under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. A new section 117.268 is added to read as follows:


Sec. 117.268  Billy's Creek.

    The draw of the State Road 80 bridge over Billy's Creek at Fort 
Myers need not be opened for the passage of vessels.

    Dated: April 23, 1998.
N.T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 98-14395 Filed 5-29-98; 8:45 am]
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