[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23013]
[[Page Unknown]]
[Federal Register: September 16, 1994]
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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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