[Federal Register Volume 59, Number 121 (Friday, June 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15388]
[[Page Unknown]]
[Federal Register: June 24, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD07-93-114]
RIN 2115-AE47
Drawbridge Operation Regulations; Gulf Intracoastal Waterway,
Treasure Island, FL
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the City of Treasure Island (the bridge
owner), the Coast Guard is modifying the regulations governing the
Treasure Island drawbridge over the Gulf Intracoastal Waterway, mile
119.0, Pinellas County, Florida. This modification is being made to
relieve highway congestion caused by back-to-back openings, while still
meeting the reasonable needs of navigation.
EFFECTIVE DATE: August 8, 1994.
FOR FURTHER INFORMATION CONTACT: Ian MacCartney, Project Manager,
Bridge Section, at (305) 536-4103.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Ian
MacCartney, Project Manager, and LT. J.M. Losego, Project Counsel.
Regulatory History
On December 23, 1993, the Coast Guard published a notice of
proposed rulemaking entitled Drawbridge Operation Regulations in the
Federal Register (58 FR 68093). The Coast Guard received 2 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 3 p.m.
to 6 p.m. Monday through Friday, and from 11 a.m. to 6 p.m. Saturdays,
Sundays and federal holidays, the draw need be opened only on the hour,
quarter hour, half hour and three quarter hour. From 11 p.m. to 7 a.m.
the draw shall open on signal if at least 10 minutes advance notice is
given. The City of Treasure Island requested that the bridge open only
on the hour and half hour during certain periods of each day to help
reduce traffic delays, particularly during morning and afternoon
commuter hours and on weekends. Although highway traffic use of this
bridge does not justify the change requested by the city, the change
implemented by this final rule will relieve highway congestion while
still meeting the reasonable needs of navigation.
Discussion of Comments and Changes
In response to our public notice, we received 2 comments. Both
commenters were in favor of maintaining the existing 15 minute
schedule. One felt that the only solution to vehicular congestion would
be a high level fixed bridge. The other believed that increasing the
number of openings would expose navigation to intensified danger. Both
comments were considered, however, neither provided any additional data
to support their opinions. A test of the proposed 15 minute schedule
was conducted from January 1, 1994, to February 23, 1994. The results
confirmed highway traffic delays were reduced because the back to back
openings were eliminated. Waterway holding conditions near the bridge
were sufficient to maintain the safety of navigation under this
expanded 15 minute schedule.
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
proposal 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 Small Business Act
(15 U.S.C. 632). Since tugs with tows are exempt from this rule, the
Coast Guard certifies under section 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 in accordance with 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 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).
2. In Sec. 117.287, paragraph (g) is revised to read as follows:
Sec. 117.287 Gulf Intracoastal Waterway.
* * * * *
(g) The draw of the Treasure Island Causeway bridge, mile 119.0,
shall open on signal, except that from 7 a.m. to 7 p.m. the draw need
open only on the hour, quarter hour, half hour and three quarter hour.
From 11 p.m. to 7 a.m. the draw shall open on signal if at least 10
minutes advance notice is given.
* * * * *
Dated: June 3, 1994.
W.P. Leahy,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 94-15388 Filed 6-23-94; 8:45 am]
BILLING CODE 4910-14-M
