[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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