Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, FL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-94-051]

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 modifying the regulations governing the

operation of the Hillsboro Boulevard (SR 810) drawbridge, mile 1050.0

at Deerfield Beach, Florida, by permitting the draw to remain closed

for a longer period of time during the winter season. This modification

is being made to relieve highway congestion created by bridge openings

while still meeting the reasonable needs of navigation.

EFFECTIVE DATE: December 1, 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 29406). 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 drawbridge presently opens on signal, except that from October

1 through May 31, from 7 a.m. to 6 p.m., the draw opens only on the

hour, quarter-hour, half-hour and three-quarter hour. The Mayor of

Deerfield Beach requested that the Coast Guard change the operating

regulations to provide for hour and half-hour drawbridge openings. The

bridge owner (Florida Department of Transportation) recommended a

change to a 20-minute opening schedule during the season to reduce

traffic delays.

A Coast Guard analysis of highway traffic and bridge opening data

provided by the bridge owner and four on-site investigations of the

waterway holding conditions and local traffic patterns which were

concluded on May 5, 1994, established that the highway traffic levels

for this four-laned roadway and the frequency of bridge openings did

not justify the proposed hour/half-hour opening schedule. However, in

order to reduce drawbridge openings and periodic traffic congestion

during the tourist season, a 20-minute opening schedule appears to be

warranted.

Discussion of Comments and Changes

We received no comments in response to our public notice. Our

investigation convinces us that vessels can find a safe a holding

position in the vicinity of the bridge so the 20 minute schedule will

not unreasonably interfere with safe navigation. 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 Samll 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 revising paragraph (bb) to read as

follows:

Sec. 117.261 Atlantic Intracoastal Waterway, FL.

* * * * *

(bb) Hillsboro Boulevard drawbridge (SR 810), mile 1050.0, at

Deerfield Beach. The draw shall open on signal; except that from

October 1 to May 31, from 7 a.m. to 6 p.m., the draw need open only on

the hour, 20 minutes after the hour, and 40 minutes after the hour.

* * * * *

Dated: October 13, 1994.

W.P. Leahy,

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

District.

[FR Doc. 94-27044 Filed 10-31-94; 8:45 am]

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