[Federal Register Volume 60, Number 198 (Friday, October 13, 1995)]
[Rules and Regulations]
[Pages 53274-53275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25458]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD07-94-087]
RIN 2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Florida

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the State Road 100 bridge, mile 810.6, at Flagler Beach by 
permitting the number of openings to be limited during certain periods. 
This action will accommodate the needs of vehicular traffic and still 
provide for the reasonable needs of navigation.

EFFECTIVE DATE: October 13, 1995.

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 LTJG Julia Diaz, Project Counsel.

Regulatory History

    On December 15, 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. The City of Flagler Beach be 
opened only on the hour to ease vehicle congestion. The bridge owner, 
the Florida Department of Transportation, requested openings on the 
hour and half hour. A Coast Guard analysis of highway traffic completed 
on July 8, 1994 showed that the normally light highway traffic is 
affected by significant increases in bridge openings during the fall 
and spring vessel migrations. During these periods the drawbridge may 
open as many as 5 times per hour which does not allow the waiting 
traffic to disperse before the next opening. This action 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 safely maneuver while awaiting the next bridge opening.

Discussion of Comments and Changes

    No comments were received. The final rule is therefore unchanged 
from the proposed rule published on November 28, 1994. Since no 
comments were received, and the new bridge opening schedule applies to 
the fall vessel migration period, which began October 1, this rule will 
reduce the burden on the bridge owner if it is made effective for the 
remainder of this period. Therefore, under 5 U.S.C. 553(b), good cause 
exists to make this rule effective immediately upon publication.

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 

[[Page 53275]]
and procedures of the Department of Transportation. (DOT) (44 FR 11040; 
February 26, 1979). The 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 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 under 
the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.

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.2e.(32) 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); section 
117.255 also issued under the authority of Pub.L. 102-587, 106 Stat. 
5039.

    2. Section 117.261 is amended by redesignating paragraphs (e) and 
(f) as paragraphs (f) and (g) and adding a new paragraph (e) to read as 
follows:


Sec. 117.261  Atlantic Intracoastal Waterway from St. Mary's River to 
Key Largo.

* * * * *
    (e) Flagler Beach bridge, (SR 100), 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: September 8, 1995.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 95-25458 Filed 10-12-95; 8:45 am]
BILLING CODE 4910-14-M