[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Proposed Rules]
[Pages 35552-35554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17370]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-97-020]
RIN 2115-AE47


Drawbridge Regulations; Atlantic Intracoastal Waterway, Florida

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations governing 
the operation of the Flagler Memorial, Royal Park, and Southern 
Boulevard drawbridges at Palm Beach. The Coast Guard has reconsidered 
its original proposal in the NPRM published on August 12, 1997, to 
change both the seasonal weekday and weekend operating imstructions for 
the bridges, and now is proposing to change only the seasonal weekday 
opening instructions, including eliminating the existing weekday 
openings at 8 a.m. on the Flagler Memorial bridge and at 8 a.m. and 5 
p.m. on the Royal Park bridge, while retaining the other provisions in 
the original NPRM extending the seasonal opening period by one month 
and establishing a 30 minutes opening schedule for the Southern 
Boulevard Bridge during seasonal weekdays.

DATES: Comments must be received on or before August 31, 1998.

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) 536-6546. 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

[[Page 35553]]

inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Smart, Project Manager, 
Bridge Section, (305) 536-6546.

SUPPLEMENTARY INFORMATION:

Requests 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 
the rulemaking [CGD07-97-020] and the specific section of this revised 
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 any 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. If may change this 
proposal in view of the comments received.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Ms. Evelyn Smart at the address under 
ADDRESSES. The request should include the 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.

Regulatory History

    On August 12, 1997, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) in the Federal Register (62 FR 43132). The NPRM 
proposed to change the regulations governing the operation of the 
Flagler Memorial, Royal Park, and Southern Boulevard drawbridges in 
Palm Beach, Florida. In response to the NPRM, the Coast Guard received 
objections from the Florida Inland Navigation District, the Marine 
Industries of Palm Beach and several local residents, expressing their 
concern about seasonal weekend openings being limited to set times vice 
opening on signal.

Background and Purpose

    The Coast Guard's original proposal included commencing the 
seasonal opening schedules for all three bridges a month earlier on 1 
October to help reduce traffic congestion and proposed seasonal 30 
minute weekend and holiday opening schedules for all three bridges. It 
also proposed creating a 30 minute opening schedule for the Southern 
Boulevard Bridge during seasonal weekdays.

Discussion of Comments

    Four comments were received on the original NPRM stating that the 
proposed weekend opening schedules during the winter season would place 
an undue burden on the boating public, and that the local community 
benefited from an increase in boater traffic. The Coast Guard agreed, 
and has eliminated the proposed seasonal weekend opening schedules from 
this revised proposal. Therefore, all three bridge will still operate 
on signal on the weekends. One comment was received requesting that the 
seasonal 8 a.m. opening on the Flagler Memorial bridge and the 8 a.m. 
and 5 p.m. openings on the Royal Park bridge be removed because of 
their effect upon commuter rush hour traffic. The Coast Guard agreed 
that there is a significant increase in commuter traffic during this 
period, and is eliminating those rush hour openings in this revised 
proposal. Two comments were received requesting the Coast Guard to 
extend the winter operating schedule year round. The Coast Guard 
disagreed, as there is a not a present need to restrict openings during 
the off season because of the decrease in commuter traffic during that 
time.

Discussion of the Revised Proposal

    The Coast Guard reviewed its original proposal and determined that 
the significant increase in vessel traffic on weekends was beneficial 
to the local community and should not be unreasonably impacted by 
bridge opening instructions which did not provide clearly offsetting 
benefits to the seasonal traffic across the bridge. Therefore, the 
proposed changes to the weekend opening schedules have been removed 
from this revised proposal and the weekend opening schedules have been 
modified to remove the existing 8 a.m. opening on the Flagler Memorial 
bridge and the 8 a.m. and 5 p.m. openings on the Royal Park Bridge, 
which have significantly impacted the flow of highway commuter traffic.
    These revised regulations would maintain the existing seasonal 
weekday 30 minute opening schedule for Flagler Memorial and Royal Park 
Bridges, and add the seasonal weekday 30 minute opening schedule to the 
Southern Boulevard Bridge which now operates on signal. The seasonal 
restrictions for all three bridges would start one month earlier on 1 
October to help reduce traffic congestion created by earlier arrival of 
seasonal visitors to the Palm Beach areas. This changes is intended to 
relieve seasonal highway congestion while still meeting the reasonable 
needs of navigation.
    The amended regulations still provide an exception to the opening 
schedules for public vessels of the United States, tug vessels with 
tows, and vessels in situations where a delay would endanger life or 
property.

Regulatory Evaluation

    This revised proposal 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 a 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 is unnecessary. We conclude this because 
this revised proposal does not effect the exemptions for tugs with tows 
and emergency situations already contained in the regulations.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this revised proposal will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field, and governmental jurisdictions with 
populations of less than 50,000.
    Because it expects the impact of this revised proposal to be 
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule will not have a significant economic impact on a 
substantial number of small entities because of the exemption for tugs 
with tows. If however, you think that your business or organization 
qualifies as a small entity and that this revised proposal will have a 
significant economic impact on your business or organization, please 
submit a comment (see ADDRESSES) explaining why you think you qualify 
and in what way and to what degree this proposed rule will economically 
affect you.

Collection of Information

    This revised proposal contains no collection of information 
requirements

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under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this revised 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.

Environmental Assessment

    The Coast Guard considered the environmental impact of this revised 
proposal and has determined pursuant to section 2.B.2.a (CE #32(e)) of 
Commandant Instruction M16475.1C, that this action is categorically 
excluded from further environmental documentation. A categorical 
exclusion determination for this rulemaking is available in the public 
docket for inspection and copying.

List of Subjects in 33 CFR Part 117

    Bridges.

    In consideration of the foregoing, the Coast Guard proposes to 
amend 33 CFR part 117 as follows:

PART 117--[AMENDED]

    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. In Sec. 117.261 revised paragraphs (u), (v) and (w) to read as 
follows:


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

* * * * *
    (u) Flagler Memorial (SR A1A) bridge, mile 1021.9 at Palm Beach. 
The draw shall open on signal; except that from October 1 to May 31, 
Monday through Friday except Federal holidays, from 7:30 a.m. to 9:30 
a.m. and from 4 p.m. to 5:45 p.m., the draw need open only at 8:30 a.m. 
and 4:45 p.m. From 9:30 a.m. to 4 p.m., the draw need open only on the 
hour and half-hour.
    (v) Royal Park (SR 704) bridge, mile 1022.6 at Palm Beach. The draw 
shall open on signal; except that from October 1 through May 31, Monday 
through Friday except Federal holidays, from 7:45 a.m. to 9:45 a.m. and 
from 3:30 p.m., to 5:45 p.m., the draw need open only at 8:45 a.m., 
4:30 p.m., and 5:15 p.m. From 9:30 a.m. to 3:30 p.m., the draw need 
open only on the quarter-hour and three-quarter hour.
    (w) Southern boulevard (SR 700/80) bridge, mile 1024.7 at Palm 
Beach. The draw shall open on signal; except that, from October 1 
through May 31, Monday through Friday except Federal holidays, from 
7:30 a.m. to 9:15 a.m. and from 4:30 p.m. to 6:30 p.m., the draw need 
open only at 8:15 a.m. and 5:30 p.m. From 9:15 a.m. to 4:30 p.m., the 
draw need open only on the quarter-hour and three-quarter hour.
* * * * *
    Dated: June 23, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 98-17370 Filed 6-29-98; 8:45 am]
BILLING CODE 4910-15-M