[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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