[Federal Register Volume 66, Number 243 (Tuesday, December 18, 2001)]
[Rules and Regulations]
[Pages 65104-65105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31174]



[[Page 65104]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-00-006]
RIN 2115-AE47


Drawbridge Operation Regulations: Longboat Pass and New Pass, 
Longboat Key, Florida

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the regulations governing the 
operation of the Longboat Pass Bridge across Longboat Pass, Manatee 
County, Longboat Key, Florida and changing the regulations governing 
the operation of the New Pass Bridge, Sarasota County, Longboat Key, 
Florida. These changes will decrease vehicle and vessel traffic 
congestion. The removal and change are due to the increased vessel 
traffic at the Longboat Pass Bridge and the decreased vessel traffic at 
the New Pass Bridge.

DATES: This rule is effective January 17, 2002.

ADDRESSES: 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 [CGD07-00-006] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 SE 1st 
Avenue, Room 406, Miami, Florida, 33131 between 7:30 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer, 
Seventh Coast Guard District, Bridge Branch, at (305) 415-6743.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 25, 2000 we published a notice of proposed rulemaking 
entitled Drawbridge Operation Regulations; Longboat Pass and New Pass, 
Longboat Key, FL, in the Federal Register (65 FR 51787). On December 7, 
2000 we published a notice of proposed rulemaking reopening the comment 
period for an additional 60 days, entitled Drawbridge Operation 
Regulations; Longboat Pass and New Pass, Longboat Key, FL, in the 
Federal Register (65 FR 76956).

Background and Purpose

    Based on the increased vessel traffic through Longboat Pass Bridge 
and the decreased vessel traffic through New Pass Bridge, the Coast 
Guard is changing the operating regulations for these two Bridges to 
provide a safer and more efficient transit for vehicles and vessels 
near Longboat Key. The current regulation governing Longboat Pass 
Bridge (SR 789), mile 0.0, between Longboat Key and Anna Maria Key, 
codified in 33 CFR 117.299 states that the draw shall open on signal, 
except that from 6 p.m. to 6 a.m., the draw will open on signal if at 
least 3 hours notice is given. This rule removes the operating 
regulations in 33 CFR 117.299 and requires the draw to open on signal 
in accordance with the general bridge operation provision in 33 CFR 
117.5.
    Due to the number of comments from motor vehicle drivers concerning 
the proposed New Pass Bridge regulation, we are keeping the existing 
part of the regulation in 33 CFR 117.311 which states that the Bridge 
shall open on signal except from 7 a.m. to 6 p.m. the draw need open 
only on the hour, twenty minutes past the hour and forty minutes past 
the hour. The change to the rule allows the Bridge to open on signal 
between 6 p.m. and 7 a.m. if at least 3 hours of notice is given to the 
bridge tender.
    Public vessels of the United States, tugs with tows and vessels in 
a situation where a delay would endanger life or property will, upon 
proper signal, be passed through both bridges at any time.

Discussion of Comments and Changes

    The Coast Guard received seventy-three comment letters addressing 
the notice of proposed rulemaking. Sixty-one of the letters disagreed 
with the proposed rule changes. The comments indicated that the 
proposed changes would create a burden for vehicular traffic. The 
collected data indicates that the New Pass Bridge currently opens 
approximately 3 to 4 times per day, due to the extreme hazards involved 
with transiting through New Pass to the Gulf of Mexico. As a result of 
these conditions, vessel traffic through New Pass at night is sparse. 
To alleviate the concerns expressed in these comments, we decided to 
keep the current regulations in 33 CFR 117.311 governing the New Pass 
Bridge and add to the regulation a provision that the bridge will open 
on signal from 6 p.m. to 7 a.m. if at least 3 hours notice is given to 
the bridge tender.
    Eighteen of these comments also requested a new daytime rule on the 
Longboat Pass Bridge. We forwarded these comments to the Bridge owner/
operator, Florida Department of Transportation, to research and address 
the feasibility of a new daytime rule.
    Twelve comments agreed with the rule change. The comment letters, 
all from the boating public, acknowledged the navigational hazards at 
New Pass including the difficulties involved in nighttime access into 
and out of the Gulf of Mexico. The comments indicated the preferred 
route into and out of the Gulf of Mexico has changed over the years 
from New Pass to Longboat Pass. The current collected data corroborates 
these comments by showing a decrease in vessel traffic at New Pass and 
the increase in vessel traffic at Longboat Pass. We are adopting, 
without change, the proposal placing the Longboat Pass Bridge on a 
twenty-four hour, open on signal, operation schedule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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, 1979).
    The Coast Guard expects 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 because 
the rule allows the Longboat Pass Bridge to open on signal and will 
only slightly modify the existing operating schedule for the New Pass 
Bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this 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.
    This rule may affect the following entities, some of which might be 
small entities: the owners or operators of vessels intending to transit 
under the Longboat Pass and New Pass Bridges. The Coast Guard certifies 
under 5 U.S.C. 605(b) that this rule would not have a significant 
economic impact on a substantial number of small entities because the 
rule allows the Longboat Pass Bridge to open on signal and will only 
slightly modify the existing operating schedule for the New Pass 
Bridge.

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Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

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

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
action and has determined under Figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.1D, that this rule is categorically 
excluded from further environmental documentation.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed 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. Section 117.311 is revised to read as follows:


Sec. 117.311  New Pass

    The draw of the State Road 789 bridge, mile 0.05, at Sarasota, need 
only open on the hour, twenty minutes past the hour, and forty minutes 
past the hour from 7 a.m. to 6 p.m. From 6 p.m. to 7 a.m., the draw 
shall open on signal if at least 3 hours notice is given to the bridge 
tender. Public vessels of the United States, tugs with tows, and 
vessels in a situation where a delay would endanger life or property 
shall, upon proper signal, be passed at any time.


Sec. 117.299  Longboat Pass (Removed)

    Remove Sec. 117.299.

    Dated: December 1, 2001.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 01-31174 Filed 12-17-01; 8:45 am]
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