Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, FL

DEPARTMENT OF TRANSPORTATION

33 CFR Part 117

[CGD07-93-026]

RIN 2115-AE47

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,

FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a new operating regulation to

limit the number of openings of the East Sunrise Boulevard Drawbridge,

mile 1062.6 at Fort Lauderdale during certain periods. This rule is

being made to relieve highway congestion created by back-to-back bridge

openings while still meeting the reasonable needs of navigation.

EFFECTIVE DATE: October 17, 1994.

FOR FURTHER INFORMATION CONTACT: Brodie Rich, Project Manager, Bridge

Section at (305) 536-5117.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in drafting this document are Brodie

Rich, Project Manager, and LT. J.M. Losego, Project Counsel.

Regulatory History

On June 7, 1994, the Coast Guard published a notice of proposed

rulemaking entitled Drawbridge Operation Regulations in the Federal

Register (59 FR 29405). The Coast Guard received no letters commenting

on the proposal. A public hearing was not requested and one was not

held.

Background and Purpose

This new drawbridge presently opens on signal. Congressman E. Clay

Shaw, Jr. requested that the Coast Guard conduct a study to determine

whether scheduled openings would improve traffic conditions in the

area. The bridge owner (Florida Department of Transportation)

recommended hour and half-hour openings on weekdays and 20-minute

openings on weekends during the season to reduce traffic delays. A

Coast Guard evaluation of the proposal concluded that the very light

highway traffic levels for this six-laned roadway and the frequency of

bridge openings did not justify the proposed opening schedules.

However, in order to eliminate back-to-back openings during the tourist

season, the Coast Guard tested a 15-minute opening schedule between 10

a.m. and 6 p.m. daily from December 1, 1993 through January 30, 1994,

pursuant to a published Notice of Deviation (58 FR 65668; December 16,

1993). No comments were received in response to the Notice of

Deviation. The results of the test indicated that traffic backups

created by back-to-back openings were reduced.

The rule allows for a 15-minute opening schedule to cover the

period from 10 a.m. to 6 p.m. daily during the season (November 15th

through May 15th). This schedule should eliminate back-to-back openings

and help to reduce traffic delays without unreasonably impacting

navigation.

Discussion of Comments and Changes

We received no comments in response to our public notice. The Final

rule is unchanged from the Notice of Proposed Rulemaking.

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 (44 FR 11040;

February 26, 1979) is unnecessary. We conclude this because the rule

exempts tugs with tows.

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 independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under section 3 of the Small Business Act

(15 U.S.C. 632). Since tugs with tows are exempt from this rule, the

economic impact is expected to be so minimal, the Coast Guard certifies

under 5 U.S.C. 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601

et seq.), that this rule will not have a significant 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.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that, under section 2.b.2.g(5) of Commandant Instruction

M16475.1B, promulgation of operating requirements or procedures for

drawbridges is categorically excluded from further environmental

documentation. A Categorical Exclusion Determination is available in

the docket.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the preamble, the Coast Guard is

amending 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 117.261 is amended by adding a new paragraph (gg) to

read as follows:

Sec. 117.261 Atlantic Intracoastal Waterway.

* * * * *

(gg) The draw of the East Sunrise Boulevard drawbridge (SR 838),

mile 1062.6, at Fort Lauderdale shall open on signal; except that from

November 15 to May 15, from 10 a.m. to 6 p.m., the draw need open only

on the hour, quarter-hour, half-hour and three-quarter hour.

* * * * *

Dated: September 6, 1994.

W.P. Leahy,

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

[FR Doc. 94-23013 Filed 9-15-94; 8:45 am]

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