[Federal Register Volume 59, Number 210 (Tuesday, November 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27044]


[[Page Unknown]]

[Federal Register: November 1, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-94-051]
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 modifying the regulations governing the 
operation of the Hillsboro Boulevard (SR 810) drawbridge, mile 1050.0 
at Deerfield Beach, Florida, by permitting the draw to remain closed 
for a longer period of time during the winter season. This modification 
is being made to relieve highway congestion created by bridge openings 
while still meeting the reasonable needs of navigation.

EFFECTIVE DATE: December 1, 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 29406). 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 drawbridge presently opens on signal, except that from October 
1 through May 31, from 7 a.m. to 6 p.m., the draw opens only on the 
hour, quarter-hour, half-hour and three-quarter hour. The Mayor of 
Deerfield Beach requested that the Coast Guard change the operating 
regulations to provide for hour and half-hour drawbridge openings. The 
bridge owner (Florida Department of Transportation) recommended a 
change to a 20-minute opening schedule during the season to reduce 
traffic delays.
    A Coast Guard analysis of highway traffic and bridge opening data 
provided by the bridge owner and four on-site investigations of the 
waterway holding conditions and local traffic patterns which were 
concluded on May 5, 1994, established that the highway traffic levels 
for this four-laned roadway and the frequency of bridge openings did 
not justify the proposed hour/half-hour opening schedule. However, in 
order to reduce drawbridge openings and periodic traffic congestion 
during the tourist season, a 20-minute opening schedule appears to be 
warranted.

Discussion of Comments and Changes

    We received no comments in response to our public notice. Our 
investigation convinces us that vessels can find a safe a holding 
position in the vicinity of the bridge so the 20 minute schedule will 
not unreasonably interfere with safe navigation. 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 Samll 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 revising paragraph (bb) to read as 
follows:


Sec. 117.261  Atlantic Intracoastal Waterway, FL.

 * * * * *
    (bb) Hillsboro Boulevard drawbridge (SR 810), mile 1050.0, at 
Deerfield Beach. The draw shall open on signal; except that from 
October 1 to May 31, from 7 a.m. to 6 p.m., the draw need open only on 
the hour, 20 minutes after the hour, and 40 minutes after the hour.
 * * * * *
    Dated: October 13, 1994.
W.P. Leahy,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 94-27044 Filed 10-31-94; 8:45 am]
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