Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, FL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-93-110]

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 regulations governing the

operation of the State Road 402, Max Brewer bridge, at mile 878.9, at

Titusville, Florida, by permitting the draw to remain closed during

different periods. This proposal is being made to synchronize the

existing closed periods with the periods of peak vehicular traffic.

This action should accommodate the needs of vehicular traffic, while

still providing for the reasonable needs of navigation.

DATES: Comments must be received on or before April 25, 1994.

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 [CGD07-93-110] 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 except that from 6:15 a.m. to

7:15 a.m. and 3 p.m. to 4:30 p.m., Monday through Friday, except

federal holidays, the draw need not open. NASA, whose employees commute

to and from the John F. Kennedy Space Center across the bridge,

requested a 30 minute increase in the morning closed period extending

from 6 a.m. to 7:30 a.m. This change was requested to ensure continuous

uninterrupted flow of highway traffic during the heaviest daily

commuter traffic periods. The bridgeowner, Brevard County, concurred

with this proposal.

Discussion of Proposed Amendment

A Coast Guard analysis of highway traffic showed the bridge is used

almost exclusively by commuter traffic (90% flow in one direction) for

about an hour each morning and afternoon. The drawbridge is opened

frequently due to its substandard clearance (9 feet closed), especially

during the fall and spring vessel migration periods.

Holding conditions for vessels near the bridge are considered

adequate to allow vessels to safely wait for a bridge opening during

the commuter closed periods. A review of the traffic data indicates

there has been a change in the timing and density of commuter traffic

which requires an earlier morning closure period. In addition, the data

shows there has been a reduction in the volume of afternoon commuter

traffic which would allow a change in the closure periods without

requiring an increase in the length of time vessels are required to

wait for an opening.

Regulatory Evaluation

This proposal is not considered a significant regulatory action

under Executive Order 12866 and is not significant under the Department

of Transportation Regulatory Policies and Procedures (44 FR 11040,

February 26, 1979). The Coast Guard expects the economic impact of this

proposal to be so minimal that a Regulatory Evaluation 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. Section 117.261 is amended by revising paragraph (k) to read as

follows:

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

Key Largo.

* * * * *

(k) State Road 402, Max Brewer bridge, mile 878.9, at Titusville.

The draw shall open on signal; except that, from 6 a.m. to 7:15 a.m.

and 3:15 p.m. to 4:30 p.m. Monday through Friday, except federal

holidays, the draw need not open.

* * * * *

Dated: January 26, 1994.

William P. Leahy,

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

District.

[FR Doc. 94-3927 Filed 2-18-94; 8:45 am]

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