94-3927. Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, FL  

  • [Federal Register Volume 59, Number 35 (Tuesday, February 22, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-3927]
    
    
    [[Page Unknown]]
    
    [Federal Register: February 22, 1994]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Coast Guard
    
    33 CFR Part 117
    
    [CGD07-93-110]
    
     
    
    Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
    FL
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: The Coast Guard proposes to change regulations governing the 
    operation of the State Road 402, Max Brewer bridge, at mile 878.9, at 
    Titusville, Florida, by permitting the draw to remain closed during 
    different periods. This proposal is being made to synchronize the 
    existing closed periods with the periods of peak vehicular traffic. 
    This action should accommodate the needs of vehicular traffic, while 
    still providing for the reasonable needs of navigation.
    
    DATES: Comments must be received on or before April 25, 1994.
    
    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) 536-4103.
        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 
    inspection or copying at the above address.
    
    FOR FURTHER INFORMATION CONTACT:
    Walter Paskowsky, Project Manager, Bridge Section at (305) 536-4103.
    
    SUPPLEMENTARY INFORMATION: 
    
    Request 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 this rulemaking [CGD07-93-110] and the specific section of 
    this 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 an 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. It may change this proposal in view of the comments.
        The Coast Guard plans no public hearing. Persons may request a 
    public hearing by writing to Mr. Walt Paskowsky at the address under 
    ADDRESSES. The request should include 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.
    
    Drafting Information
    
        The principal persons involved in drafting this document are Walter 
    Paskowsky, Project Manager, and LT J.M. Losego, Project Counsel.
    
    Background and Purpose
    
        This bridge presently opens on signal except that from 6:15 a.m. to 
    7:15 a.m. and 3 p.m. to 4:30 p.m., Monday through Friday, except 
    federal holidays, the draw need not open. NASA, whose employees commute 
    to and from the John F. Kennedy Space Center across the bridge, 
    requested a 30 minute increase in the morning closed period extending 
    from 6 a.m. to 7:30 a.m. This change was requested to ensure continuous 
    uninterrupted flow of highway traffic during the heaviest daily 
    commuter traffic periods. The bridgeowner, Brevard County, concurred 
    with this proposal.
    
    Discussion of Proposed Amendment
    
        A Coast Guard analysis of highway traffic showed the bridge is used 
    almost exclusively by commuter traffic (90% flow in one direction) for 
    about an hour each morning and afternoon. The drawbridge is opened 
    frequently due to its substandard clearance (9 feet closed), especially 
    during the fall and spring vessel migration periods.
        Holding conditions for vessels near the bridge are considered 
    adequate to allow vessels to safely wait for a bridge opening during 
    the commuter closed periods. A review of the traffic data indicates 
    there has been a change in the timing and density of commuter traffic 
    which requires an earlier morning closure period. In addition, the data 
    shows there has been a reduction in the volume of afternoon commuter 
    traffic which would allow a change in the closure periods without 
    requiring an increase in the length of time vessels are required to 
    wait for an opening.
    
    Regulatory Evaluation
    
        This proposal is not considered a significant regulatory action 
    under Executive Order 12866 and is not significant under the Department 
    of Transportation Regulatory Policies and Procedures (44 FR 11040, 
    February 26, 1979). The Coast Guard expects the economic impact of this 
    proposal to be so minimal that a Regulatory Evaluation is unnecessary. 
    We conclude this because the proposed 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 proposal, if adopted, 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 proposed rule exempts tugs with tows, the Coast Guard 
    certifies under 5 U.S.C. 605(b) that this proposal, if adopted, will 
    not have a significant impact on a substantial number of small 
    entities.
    
    Collection of Information
    
        This proposal 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 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.
    
    Environment
    
        The Coast Guard considered the environmental impact of this 
    proposal 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 proposes 
    to amend 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 (k) to read as 
    follows:
    
    
    Sec. 117.261  Atlantic Intracoastal Waterway from St. Marys River to 
    Key Largo.
    
    * * * * *
        (k) State Road 402, Max Brewer bridge, mile 878.9, at Titusville. 
    The draw shall open on signal; except that, from 6 a.m. to 7:15 a.m. 
    and 3:15 p.m. to 4:30 p.m. Monday through Friday, except federal 
    holidays, the draw need not open.
    * * * * *
        Dated: January 26, 1994.
    William P. Leahy,
    Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
    District.
    [FR Doc. 94-3927 Filed 2-18-94; 8:45 am]
    BILLING CODE 4910-14-M
    
    
    

Document Information

Published:
02/22/1994
Department:
Coast Guard
Entry Type:
Uncategorized Document
Action:
Notice of proposed rulemaking.
Document Number:
94-3927
Dates:
Comments must be received on or before April 25, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: February 22, 1994, CGD07-93-110
CFR: (1)
33 CFR 117.261