65104 Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations

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.

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 seventythree comment letters addressing the

notice of proposed rulemaking. Sixtyone 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.

Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations 65105

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:

§ 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.

§ 117.299 Longboat Pass (Removed)

Remove § 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]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–01–206]

RIN 2115–AA97

Security Zone: Maine Yankee Nuclear

Power Plant, Wiscasset, Maine

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary security zone

around the Maine Yankee Power Plant

in Wiscasset, Maine, temporarily closing

all land and waters surrounding Bailey

Point and Foxbird Island. This security

zone prohibits entry into or movement

within a portion of the Back River and

adjacent land areas and is needed to

ensure public safety and prevent

sabotage or terrorist acts. Entry into this

security zone is prohibited unless

authorized by the Captain of the Port,

Portland, Maine.

DATES: This rule is effective from

December 10, 2001 until June15, 2002.

ADDRESSES: Documents indicated in this

preamble as being available in the