[Federal Register Volume 63, Number 216 (Monday, November 9, 1998)]
[Rules and Regulations]
[Pages 60213-60214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29948]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the Flagler Memorial, Royal Park, and Southern Boulevard 
drawbridges across the Atlantic Intracoastal Waterway at Palm Beach 
County, Florida. This rule has been established as a result of 
complaints about extensive highway traffic delays caused by bridge 
openings. This rule is intended to relieve highway congestion while 
still meeting the reasonable needs of navigation.

DATES: This rule becomes effective on October 26, 1998.

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

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On August 12, 1997, the Coast Guard published a Notice of Proposed 
Rulemaking entitled Drawbridge Operation Regulations; Atlantic 
Intracoastal Waterway, Florida, in the Federal Register (62 FR 43131). 
On June 30, 1998, the Coast Guard published a Supplemental Notice of 
Proposed Rulemaking entitled Drawbridge Operation Regulations; Atlantic 
Intracoastal Waterway, Florida, in the Federal Register (63 FR 35552). 
The Coast Guard received 14 letters commenting on the supplemental 
proposal. No public hearing was requested, and none was held.

Background and Purpose

    The Coast Guard completed an analysis of highway traffic data, 
traffic analysis and bridge logs provided by the Florida Department of 
Transportation in 1997. The analysis indicated that the reduced highway 
level of service and limited number of bridge openings for all three 
bridges does not warrant additional bridge opening restrictions during 
the off season summer months. In addition, the analysis and subsequent 
investigations during 1998 indicate the significant increase in vessel 
traffic experienced on weekends during the Winter season is beneficial 
to the local community and should not be unreasonably impacted by 
bridge opening restrictions which do not provide clearly offsetting 
benefits to the seasonal traffic across the bridge. The changes to the 
seasonal weekday 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 will reduce highway 
traffic delays during commuter periods.
    These revised regulations will maintain the existing seasonal 
weekday 30 minute opening schedules for Flagler Memorial and Royal Park 
Bridges, and will add a seasonal weekday 30 minute opening schedule to 
the Southern Boulevard Bridge which now operates on signal. The 
seasonal restriction for all three bridges will start one month earlier 
on 1 October to help reduce traffic congestion created by earlier 
arrival of seasonal visitors to the Palm Beach areas. These changes 
will relieve seasonal highway congestion while still meeting the 
reasonable needs of navigation. The amended regulations will still 
provide an exception to the opening schedules for public vessels of the 
United States, tugs with tows, and vessels in situations where a delay 
would endanger life or property.
    In accordance with 5 U.S.C. 553, good cause exists for making these 
regulations effective in less than 30 days from the date of 
publication. Following normal rulemaking procedures would have been 
impracticable. The regulations were changed to allow for seasonal 
bridge schedules to begin on October 1 each year, and there was not 
sufficient time remaining after the comment period to provide for a 
delayed effective date.

Discussion of Comments and Changes

    Fourteen letters were received in response to the public notice. 
The National Marine Fisheries Service and the U.S. Fish and Wildlife 
Service stated in their letters that the proposal would not adversely 
affect fishery resources and offered neither support nor objection. 
U.S. Environmental Protection Agency concluded in their letter that 
this rulemaking would not negatively impact the principal water source 
in the vicinity of the bridge. The Florida State Historic Preservation 
Officer stated that the rulemaking would have no effect on any sites 
listed, or eligible for listing in the National Register. Four letters 
were in opposition to the proposed rule because they felt that the 
bridge should not open to the passage of vessels at any time during 
morning and afternoon rush hours. Although complete closure of 3 
bridges over the Intracoastal Waterway for over 3 hours each weekday is 
considered unreasonable to navigation, two openings during peak traffic 
periods have been eliminated with this rulemaking. In addition, a 30 
minute schedule has been established at the Southern Boulevard Bridge 
because of increased in-season traffic demands during morning and 
afternoon rush hour. Four letters were in opposition to the proposed 
rule because they felt that the existing in-season weekday regulations 
should be extended to the off-season. However, the lack of highway 
traffic levels (LOS C) during the off-season and only one opening or 
less per hour doesn't justify placing additional restrictions on 
navigation. Two letters were in favor of the rulemaking and recommended 
that these changes be enforced.

Regulatory Evaluation

    This revised 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 is unnecessary. We conclude this

[[Page 60214]]

because this revised rule 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 rule 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 rule to be minimal, 
the Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not 
have a significant economic impact on a substantial number of small 
entities because of the exemption for tugs with tows.

Collection of Information

    This revised 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 revised 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.

Environmental Assessment

    The Coast Guard considered the environmental impact of this revised 
rule and has determined pursuant to Figure 2-1, paragraph 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.

Final Regulations

    In consideration of the foregoing, the Coast Guard amends 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. Sec. 117.261 is amended by revising 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.; and 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. and 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. and from 9:15 a.m. to 4:30 p.m., 
the draw need open only on the quarter-hour and three-quarter hour.
* * * * *
    Dated: October 20, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 98-29948 Filed 11-6-98; 8:45 am]
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