[Federal Register Volume 59, Number 210 (Tuesday, November 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27044]
[[Page Unknown]]
[Federal Register: November 1, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD07-94-051]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
FL
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying the regulations governing the
operation of the Hillsboro Boulevard (SR 810) drawbridge, mile 1050.0
at Deerfield Beach, Florida, by permitting the draw to remain closed
for a longer period of time during the winter season. This modification
is being made to relieve highway congestion created by bridge openings
while still meeting the reasonable needs of navigation.
EFFECTIVE DATE: December 1, 1994.
FOR FURTHER INFORMATION CONTACT: Brodie Rich, Project Manager, Bridge
Section at (305) 536-5117.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Brodie
Rich, Project Manager, and LT. J.M. Losego, Project Counsel.
Regulatory History
On June 7, 1994, the Coast Guard published a notice of proposed
rulemaking entitled Drawbridge Operation Regulations in the Federal
Register (59 FR 29406). The Coast Guard received no letters commenting
on the proposal. A public hearing was not requested and one was not
held.
Background and Purpose
This drawbridge presently opens on signal, except that from October
1 through May 31, from 7 a.m. to 6 p.m., the draw opens only on the
hour, quarter-hour, half-hour and three-quarter hour. The Mayor of
Deerfield Beach requested that the Coast Guard change the operating
regulations to provide for hour and half-hour drawbridge openings. The
bridge owner (Florida Department of Transportation) recommended a
change to a 20-minute opening schedule during the season to reduce
traffic delays.
A Coast Guard analysis of highway traffic and bridge opening data
provided by the bridge owner and four on-site investigations of the
waterway holding conditions and local traffic patterns which were
concluded on May 5, 1994, established that the highway traffic levels
for this four-laned roadway and the frequency of bridge openings did
not justify the proposed hour/half-hour opening schedule. However, in
order to reduce drawbridge openings and periodic traffic congestion
during the tourist season, a 20-minute opening schedule appears to be
warranted.
Discussion of Comments and Changes
We received no comments in response to our public notice. Our
investigation convinces us that vessels can find a safe a holding
position in the vicinity of the bridge so the 20 minute schedule will
not unreasonably interfere with safe navigation. The Final rule is
unchanged from the Notice of Proposed Rulemaking.
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
rule 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 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 Samll Business Act
(15 U.S.C. 632).
Since tugs with tows are exempt from this rule, the economic impact
is expected to be so minimal, 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 rule will not have a significant 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 this 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.
Environment
The Coast Guard considered the environmental impact of this rule
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 is
amending 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. Section 117.261 is amended by revising paragraph (bb) to read as
follows:
Sec. 117.261 Atlantic Intracoastal Waterway, FL.
* * * * *
(bb) Hillsboro Boulevard drawbridge (SR 810), mile 1050.0, at
Deerfield Beach. The draw shall open on signal; except that from
October 1 to May 31, from 7 a.m. to 6 p.m., the draw need open only on
the hour, 20 minutes after the hour, and 40 minutes after the hour.
* * * * *
Dated: October 13, 1994.
W.P. Leahy,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 94-27044 Filed 10-31-94; 8:45 am]
BILLING CODE 4910-14-M
