Drawbridge Regulations; Atlantic Intracoastal Waterway, Florida

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-97-020]

RIN 2115-AE47

Drawbridge Regulations; Atlantic Intracoastal Waterway, Florida

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations governing

the operation of the Flagler Memorial, Royal Park, and Southern

Boulevard drawbridges at Palm Beach. The Coast Guard has reconsidered

its original proposal in the NPRM published on August 12, 1997, to

change both the seasonal weekday and weekend operating imstructions for

the bridges, and now is proposing to change only the seasonal weekday

opening instructions, including eliminating the existing weekday

openings at 8 a.m. on the Flagler Memorial bridge and at 8 a.m. and 5

p.m. on the Royal Park bridge, while retaining the other provisions in

the original NPRM extending the seasonal opening period by one month

and establishing a 30 minutes opening schedule for the Southern

Boulevard Bridge during seasonal weekdays.

DATES: Comments must be received on or before August 31, 1998.

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) 536-6546. 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

[[Page 35553]]

inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Smart, Project Manager,

Bridge Section, (305) 536-6546.

SUPPLEMENTARY INFORMATION:

Requests 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

the rulemaking [CGD07-97-020] and the specific section of this revised

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 any 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. If may change this

proposal in view of the comments received.

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

public hearing by writing to Ms. Evelyn Smart at the address under

ADDRESSES. The request should include the 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.

Regulatory History

On August 12, 1997, the Coast Guard published a Notice of Proposed

Rulemaking (NPRM) in the Federal Register (62 FR 43132). The NPRM

proposed to change the regulations governing the operation of the

Flagler Memorial, Royal Park, and Southern Boulevard drawbridges in

Palm Beach, Florida. In response to the NPRM, the Coast Guard received

objections from the Florida Inland Navigation District, the Marine

Industries of Palm Beach and several local residents, expressing their

concern about seasonal weekend openings being limited to set times vice

opening on signal.

Background and Purpose

The Coast Guard's original proposal included commencing the

seasonal opening schedules for all three bridges a month earlier on 1

October to help reduce traffic congestion and proposed seasonal 30

minute weekend and holiday opening schedules for all three bridges. It

also proposed creating a 30 minute opening schedule for the Southern

Boulevard Bridge during seasonal weekdays.

Discussion of Comments

Four comments were received on the original NPRM stating that the

proposed weekend opening schedules during the winter season would place

an undue burden on the boating public, and that the local community

benefited from an increase in boater traffic. The Coast Guard agreed,

and has eliminated the proposed seasonal weekend opening schedules from

this revised proposal. Therefore, all three bridge will still operate

on signal on the weekends. One comment was received requesting that the

seasonal 8 a.m. opening on the Flagler Memorial bridge and the 8 a.m.

and 5 p.m. openings on the Royal Park bridge be removed because of

their effect upon commuter rush hour traffic. The Coast Guard agreed

that there is a significant increase in commuter traffic during this

period, and is eliminating those rush hour openings in this revised

proposal. Two comments were received requesting the Coast Guard to

extend the winter operating schedule year round. The Coast Guard

disagreed, as there is a not a present need to restrict openings during

the off season because of the decrease in commuter traffic during that

time.

Discussion of the Revised Proposal

The Coast Guard reviewed its original proposal and determined that

the significant increase in vessel traffic on weekends was beneficial

to the local community and should not be unreasonably impacted by

bridge opening instructions which did not provide clearly offsetting

benefits to the seasonal traffic across the bridge. Therefore, the

proposed changes to the weekend opening schedules have been removed

from this revised proposal and the weekend opening schedules have been

modified to remove the existing 8 a.m. opening on the Flagler Memorial

bridge and the 8 a.m. and 5 p.m. openings on the Royal Park Bridge,

which have significantly impacted the flow of highway commuter traffic.

These revised regulations would maintain the existing seasonal

weekday 30 minute opening schedule for Flagler Memorial and Royal Park

Bridges, and add the seasonal weekday 30 minute opening schedule to the

Southern Boulevard Bridge which now operates on signal. The seasonal

restrictions for all three bridges would start one month earlier on 1

October to help reduce traffic congestion created by earlier arrival of

seasonal visitors to the Palm Beach areas. This changes is intended to

relieve seasonal highway congestion while still meeting the reasonable

needs of navigation.

The amended regulations still provide an exception to the opening

schedules for public vessels of the United States, tug vessels with

tows, and vessels in situations where a delay would endanger life or

property.

Regulatory Evaluation

This revised proposal 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 a 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 is unnecessary. We conclude this because

this revised proposal does not effect the exemptions for tugs with tows

and emergency situations already contained in the regulations.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this revised proposal will have a

significant economic impact on a substantial number of small entities.

``Small entities'' include small businesses and not-for-profit

organizations that are independently owned and operated and are not

dominant in their field, and governmental jurisdictions with

populations of less than 50,000.

Because it expects the impact of this revised proposal to be

minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this

proposed rule will not have a significant economic impact on a

substantial number of small entities because of the exemption for tugs

with tows. If however, you think that your business or organization

qualifies as a small entity and that this revised proposal will have a

significant economic impact on your business or organization, please

submit a comment (see ADDRESSES) explaining why you think you qualify

and in what way and to what degree this proposed rule will economically

affect you.

Collection of Information

This revised proposal contains no collection of information

requirements

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under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this revised 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.

Environmental Assessment

The Coast Guard considered the environmental impact of this revised

proposal and has determined pursuant to section 2.B.2.a (CE #32(e)) of

Commandant Instruction M16475.1C, that this action is categorically

excluded from further environmental documentation. A categorical

exclusion determination for this rulemaking is available in the public

docket for inspection and copying.

List of Subjects in 33 CFR Part 117

Bridges.

In consideration of the foregoing, the Coast Guard proposes to

amend 33 CFR part 117 as follows:

PART 117--[AMENDED]

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); section

117.255 also issued under the authority of Pub. L. 102-587, 106

Stat. 5039.

2. In Sec. 117.261 revised paragraphs (u), (v) and (w) to read as

follows:

Sec. 117.261 Atlantic Intracoastal Waterway from St. Mary's River to

Key Largo.

* * * * *

(u) Flagler Memorial (SR A1A) bridge, mile 1021.9 at Palm Beach.

The draw shall open on signal; except that from October 1 to May 31,

Monday through Friday except Federal holidays, from 7:30 a.m. to 9:30

a.m. and from 4 p.m. to 5:45 p.m., the draw need open only at 8:30 a.m.

and 4:45 p.m. From 9:30 a.m. to 4 p.m., the draw need open only on the

hour and half-hour.

(v) Royal Park (SR 704) bridge, mile 1022.6 at Palm Beach. The draw

shall open on signal; except that from October 1 through May 31, Monday

through Friday except Federal holidays, from 7:45 a.m. to 9:45 a.m. and

from 3:30 p.m., to 5:45 p.m., the draw need open only at 8:45 a.m.,

4:30 p.m., and 5:15 p.m. From 9:30 a.m. to 3:30 p.m., the draw need

open only on the quarter-hour and three-quarter hour.

(w) Southern boulevard (SR 700/80) bridge, mile 1024.7 at Palm

Beach. The draw shall open on signal; except that, from October 1

through May 31, Monday through Friday except Federal holidays, from

7:30 a.m. to 9:15 a.m. and from 4:30 p.m. to 6:30 p.m., the draw need

open only at 8:15 a.m. and 5:30 p.m. From 9:15 a.m. to 4:30 p.m., the

draw need open only on the quarter-hour and three-quarter hour.

* * * * *

Dated: June 23, 1998.

Norman T. Saunders,

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

[FR Doc. 98-17370 Filed 6-29-98; 8:45 am]

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