[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Proposed Rules]
[Pages 6513-6514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1544]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD7-00-123]
RIN 2115-AE47


Drawbridge Operation Regulations: Siesta Drive Drawbridge, Gulf 
Intracoastal Waterway, Florida

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating regulations 
of the Siesta Drive drawbridge across the Gulf Intracoastal Waterway, 
mile 71.6 at Sarasota, Florida. This rule would allow the drawbridge to 
open only every 20 minutes between the hours of 7 a.m. and 6 p.m., 
Monday through Friday, except Federal holidays. This action is intended 
to improve the movement of morning commuter traffic while not 
unreasonably interfering with the movement of vessel traffic.

DATES: Comments and related material must reach the Coast Guard on or 
before March 23, 2001.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 SE 1st Avenue, Room 406, 
Miami, FL 33131. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, are part of docket [CGD07-00-123] and are available for 
inspection or copying at Commander (obr), Seventh Coast Guard District, 
909 SE 1st Avenue, Room 406, Miami, FL 33131 between 8 a.m. and 4:30 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Bridge Branch, 909 
SE 1st Ave., Miami, FL 33130, telephone number 305-415-6743.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD07-00-
123], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Bridge Branch, Seventh Coast Guard 
District, 909 SE 1st Ave., Room 406, Miami, FL 33131, explaining why 
one would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    The Siesta Drive bascule bridge is a two lane narrow undivided 
urban arterial roadway, which is already severely congested due to 
insufficient capacity. The proposed rule would extend the existing 20 
minute weekday schedule to cover the morning commuter period. The 
bridge opens less than once per hour during this period so the effect 
on vessels is not considered unreasonable.

Discussion of Proposed Rule

    The proposed rule would allow the bridge to start its scheduled 
openings at 7 a.m. weekdays instead of the present 11 a.m. to 6 p.m. 
schedule. This should facilitate the movement of commuter traffic 
across the drawbridge while not unreasonably interfering with the 
movement of vessel traffic through the drawspans.

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. The Office of Management and Budget has not reviewed it 
under that Order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT)(44 FR 11040, 
February 26, l979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. The number of 
openings that occur during the proposed period of additional 
regulations is less than once per hour and the maximum waiting time 
would be 20 minutes

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels intending to transit under the Siesta Key bridge 
during the hours of 7 a.m. to 11 a.m. on weekdays. This proposed rule 
would not have a significant economic impact on a substantial number of 
small entities because the number of openings that occur during the 
proposed period of additional regulations is less than once per hour 
and the maximum waiting time would be 20 minutes.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that

[[Page 6514]]

they can better evaluate its effects on them and participate in the 
rulemaking. If the proposed rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please contact the 
Bridge Branch, Seventh Coast Guard District.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.lC, this proposed rule is categorically excluded 
from further environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.
    For the reasons discussed 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: 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. Section 117.287(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 7 a.m. to 6 p.m. Monday through 
Friday, except Federal holidays, the draw need open only on the hour, 
twenty minutes past the hour, and 40 minutes past the hour. On weekends 
and federal holidays from 11 am to 6 pm the draw need open only on the 
hour, 20 minutes past the hour, and 40 minutes past the hour.
* * * * *

    Dated: December 27, 2000.
G.W. Sutton,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 01-1544 Filed 1-19-01; 8:45 am]
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