[Federal Register Volume 59, Number 240 (Thursday, December 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30479]


[[Page Unknown]]

[Federal Register: December 15, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 07-94-087]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations governing 
the operation of the State Road 100 drawbridge at mile 810.6, at 
Flagler Beach, Florida, by permitting the number of openings to be 
limited during certain months of the year. This action should 
accommodate the needs of vehicle traffic, while still providing for the 
reasonable needs of navigation.

DATES: Comments must be received on or before February 13, 1995.

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) 536-4103.
    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 inspection or copying at the above address.

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

SUPPLEMENTARY INFORMATION:

Request 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 this rulemaking [CGD 07-93-110] and the specific section of 
this 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 an 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. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Mr. Walt Paskowsky at the address under 
ADDRESSES. The request should include 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.

Drafting Information

    The principal persons involved in drafting this document are Walter 
Paskowsky, Project Manager, and LT J.M. Losego, Project Counsel.

Background and Purpose

    This bridge presently opens on signal. The City of Flagler Beach 
submitted a resolution to the Coast Guard requesting that the bridge be 
opened only on the hour to ease vehicle congestion. The bridgeowner, 
the Florida Department of Transportation requested openings on the hour 
and half hour.

Discussion of Proposed Amendment

    A Coast Guard analysis of the traffic counts and bridge logs which 
was completed on July 8, 1994, showed that the normally light highway 
traffic is affected by the significant increase in bridge openings 
during the fall and spring vessel migrations. During these periods the 
drawbridge may open up to 5 times in an hour which does not allow the 
waiting traffic to disperse before the next opening. This proposal will 
reduce the number of back-to-back openings to reduce the impact to 
vehicular traffic. Holding conditions near the bridge are considered 
adequate for vessels to safety maneuver while awaiting the next bridge 
opening.

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 10e of the regulatory policies and procedures of DOT (44 FR 
11040; February 26, 1979) is unnecessary. We conclude this because the 
proposed 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 proposal, if adopted, 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 proposed rule exempts 
tugs with tows, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposal, if adopted, will not have a significant impact on a 
substantial number of small entities.

Collection of Information

    This proposal 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 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.

Environment

    The Coast Guard considered the environmental impact of this 
proposal 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 proposes 
to amend 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. In Sec. 117.261 paragraphs (e) and (f) are redesignated (f) and 
(g) and a new paragraph (e) is added to read as follows:


Sec. 117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (e) State Road 100, Flagler Beach bridge, mile 810.6, at Flagler 
Beach. The draw shall open on signal; except that, from April 1 to May 
31, and October 1 to November 30, from 7 a.m. to 6 p.m. daily, the draw 
need open only on the hour, 20 minutes after the hour and 40 minutes 
after the hour.
* * * * *
    Dated: November 28, 1994.
William P. Leahy,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 94-30479 Filed 12-14-94; 8:45 am]
BILLING CODE 4910-14-M