Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, FL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 07-94-087]

RIN 2115-AE47

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,

FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations governing

the operation of the State Road 100 drawbridge at mile 810.6, at

Flagler Beach, Florida, by permitting the number of openings to be

limited during certain months of the year. This action should

accommodate the needs of vehicle traffic, while still providing for the

reasonable needs of navigation.

DATES: Comments must be received on or before February 13, 1995.

ADDRESSES: Comments may be mailed to Commander (oan), Seventh Coast

Guard District, 909 SE 1st Avenue, Miami, Florida 33131-3050, or may be

delivered to room 406 at the above address between 7:30 a.m. and 4

p.m., Monday through Friday, except federal holidays. The telephone

number is (305) 536-4103.

The Commander, Seventh Coast Guard District maintains the public

docket for this rulemaking. Comments will become part of this docket

and will be available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:

Walter Paskowsky, Project Manager, Bridge Section at (305) 536-4103.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking [CGD 07-93-110] and the specific section of

this proposal to which each comment applies, and give the reason for

each comment. The Coast Guard requests that all comments and

attachments be submitted in an unbound format suitable for copying. If

not practical, a second copy of any bound material is requested.

Persons wanting acknowledgment of receipt of comments should enclose a

stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to Mr. Walt Paskowsky at the address under

ADDRESSES. The request should include reasons why a hearing would be

beneficial. If it determines that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announced by a later notice in the

Federal Register.

Drafting Information

The principal persons involved in drafting this document are Walter

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

Background and Purpose

This bridge presently opens on signal. The City of Flagler Beach

submitted a resolution to the Coast Guard requesting that the bridge be

opened only on the hour to ease vehicle congestion. The bridgeowner,

the Florida Department of Transportation requested openings on the hour

and half hour.

Discussion of Proposed Amendment

A Coast Guard analysis of the traffic counts and bridge logs which

was completed on July 8, 1994, showed that the normally light highway

traffic is affected by the significant increase in bridge openings

during the fall and spring vessel migrations. During these periods the

drawbridge may open up to 5 times in an hour which does not allow the

waiting traffic to disperse before the next opening. This proposal will

reduce the number of back-to-back openings to reduce the impact to

vehicular traffic. Holding conditions near the bridge are considered

adequate for vessels to safety maneuver while awaiting the next bridge

opening.

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

proposal 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

proposed 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 proposal, if adopted, 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 the proposed rule exempts

tugs with tows, the Coast Guard certifies under 5 U.S.C. 605(b) that

this proposal, if adopted, will not have a significant impact on a

substantial number of small entities.

Collection of Information

This proposal 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 proposal under the principles and

criteria contained in Executive Order 12612, and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal 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 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: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g).

2. In Sec. 117.261 paragraphs (e) and (f) are redesignated (f) and

(g) and a new paragraph (e) is added to read as follows:

Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to

Key Largo.

* * * * *

(e) State Road 100, Flagler Beach bridge, mile 810.6, at Flagler

Beach. The draw shall open on signal; except that, from April 1 to May

31, and October 1 to November 30, from 7 a.m. to 6 p.m. daily, the draw

need open only on the hour, 20 minutes after the hour and 40 minutes

after the hour.

* * * * *

Dated: November 28, 1994.

William P. Leahy,

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

District.

[FR Doc. 94-30479 Filed 12-14-94; 8:45 am]

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