[Federal Register Volume 63, Number 125 (Tuesday, June 30, 1998)]
[Proposed Rules]
[Pages 35552-35554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17370]
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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: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulations governing
the operation of the Flagler Memorial, Royal Park, and Southern
Boulevard drawbridges at Palm Beach. The Coast Guard has reconsidered
its original proposal in the NPRM published on August 12, 1997, to
change both the seasonal weekday and weekend operating imstructions for
the bridges, and now is proposing to change only the seasonal weekday
opening instructions, including eliminating the existing weekday
openings at 8 a.m. on the Flagler Memorial bridge and at 8 a.m. and 5
p.m. on the Royal Park bridge, while retaining the other provisions in
the original NPRM extending the seasonal opening period by one month
and establishing a 30 minutes opening schedule for the Southern
Boulevard Bridge during seasonal weekdays.
DATES: Comments must be received on or before August 31, 1998.
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) 536-6546. 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
[[Page 35553]]
inspection or copying at the above address.
FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Smart, Project Manager,
Bridge Section, (305) 536-6546.
SUPPLEMENTARY INFORMATION:
Requests 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
the rulemaking [CGD07-97-020] and the specific section of this revised
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 any 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. If may change this
proposal in view of the comments received.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to Ms. Evelyn Smart at the address under
ADDRESSES. The request should include the 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.
Regulatory History
On August 12, 1997, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) in the Federal Register (62 FR 43132). The NPRM
proposed to change the regulations governing the operation of the
Flagler Memorial, Royal Park, and Southern Boulevard drawbridges in
Palm Beach, Florida. In response to the NPRM, the Coast Guard received
objections from the Florida Inland Navigation District, the Marine
Industries of Palm Beach and several local residents, expressing their
concern about seasonal weekend openings being limited to set times vice
opening on signal.
Background and Purpose
The Coast Guard's original proposal included commencing the
seasonal opening schedules for all three bridges a month earlier on 1
October to help reduce traffic congestion and proposed seasonal 30
minute weekend and holiday opening schedules for all three bridges. It
also proposed creating a 30 minute opening schedule for the Southern
Boulevard Bridge during seasonal weekdays.
Discussion of Comments
Four comments were received on the original NPRM stating that the
proposed weekend opening schedules during the winter season would place
an undue burden on the boating public, and that the local community
benefited from an increase in boater traffic. The Coast Guard agreed,
and has eliminated the proposed seasonal weekend opening schedules from
this revised proposal. Therefore, all three bridge will still operate
on signal on the weekends. One comment was received requesting that the
seasonal 8 a.m. opening on the Flagler Memorial bridge and the 8 a.m.
and 5 p.m. openings on the Royal Park bridge be removed because of
their effect upon commuter rush hour traffic. The Coast Guard agreed
that there is a significant increase in commuter traffic during this
period, and is eliminating those rush hour openings in this revised
proposal. Two comments were received requesting the Coast Guard to
extend the winter operating schedule year round. The Coast Guard
disagreed, as there is a not a present need to restrict openings during
the off season because of the decrease in commuter traffic during that
time.
Discussion of the Revised Proposal
The Coast Guard reviewed its original proposal and determined that
the significant increase in vessel traffic on weekends was beneficial
to the local community and should not be unreasonably impacted by
bridge opening instructions which did not provide clearly offsetting
benefits to the seasonal traffic across the bridge. Therefore, the
proposed changes to the weekend opening schedules have been removed
from this revised proposal and the weekend 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 have significantly impacted the flow of highway commuter traffic.
These revised regulations would maintain the existing seasonal
weekday 30 minute opening schedule for Flagler Memorial and Royal Park
Bridges, and add the seasonal weekday 30 minute opening schedule to the
Southern Boulevard Bridge which now operates on signal. The seasonal
restrictions for all three bridges would start one month earlier on 1
October to help reduce traffic congestion created by earlier arrival of
seasonal visitors to the Palm Beach areas. This changes is intended to
relieve seasonal highway congestion while still meeting the reasonable
needs of navigation.
The amended regulations still provide an exception to the opening
schedules for public vessels of the United States, tug vessels with
tows, and vessels in situations where a delay would endanger life or
property.
Regulatory Evaluation
This revised proposal 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 a 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 is unnecessary. We conclude this because
this revised proposal 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 proposal 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 proposal to be
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities because of the exemption for tugs
with tows. If however, you think that your business or organization
qualifies as a small entity and that this revised proposal will have a
significant economic impact on your business or organization, please
submit a comment (see ADDRESSES) explaining why you think you qualify
and in what way and to what degree this proposed rule will economically
affect you.
Collection of Information
This revised proposal contains no collection of information
requirements
[[Page 35554]]
under the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this revised 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.
Environmental Assessment
The Coast Guard considered the environmental impact of this revised
proposal and has determined pursuant to section 2.B.2.a (CE #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.
In consideration of the foregoing, the Coast Guard proposes to
amend 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. In Sec. 117.261 revised 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. 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. 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. From 9:15 a.m. to 4:30 p.m., the
draw need open only on the quarter-hour and three-quarter hour.
* * * * *
Dated: June 23, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 98-17370 Filed 6-29-98; 8:45 am]
BILLING CODE 4910-15-M
