[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
