[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: 94-23014]


[[Page Unknown]]

[Federal Register: September 16, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD07-93-110]

 

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the State Road 402 Max Brewer Bridge, mile 878.9, at 
Titusville by permitting the draw to remain closed during different 
periods. This change is being made to synchronize the existing closed 
periods with the periods of peak vehicular traffic. This action will 
accommodate the needs of vehicular traffic and still provide for the 
reasonable needs of navigation.

EFFECTIVE DATE: October 17, 1994.

FOR FURTHER INFORMATION CONTACT:
Mr. Walt Paskowsky, Project Manager, Bridge Section, (305) 536-4103.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Walt 
Paskowsky, Project Manager, and LT Jacqueline Losego, Project Counsel.

Regulatory History

    On February 22, 1994, the Coast Guard published a notice of 
proposed rulemaking entitled Drawbridge Operation Regulations, Atlantic 
Intracoastal Waterway, FL in the Federal Register (59 FR 8428). The 
Coast Guard received no comments on the proposal. A public hearing was 
not requested and one was not held.

Background and Purpose

    The 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, requested a 30 minute increase 
in the morning closed period extending from 6 a.m. to 7:30 a.m. This 
was requested to insure uninterrupted flow of highway traffic during 
the heaviest daily commuter traffic periods. The bridgeowner, Brevard 
County, concurred with the proposal. 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 weekday 
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 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 closed period. In 
addition, the data showed there has been a reduction in the amount 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.

Discussion of Comments and Changes

    No comments were received. The owner of the bridge, Brevard County, 
concurred with the proposed change. The final rule is, therefore, 
unchanged from the proposed rule published on February 22, 1994.

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 10 E 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 the rule exempts tugs with tows, 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 final rule will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This rule contains no collection of information requirements.

Federalism

    The Coast Guard has analyzed the rule under 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 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 amends 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: September 1, 1994.
W.P. Leahy,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 94-23014 Filed 9-15-94; 8:45 am]
BILLING CODE 4910-14-M