[Federal Register Volume 59, Number 108 (Tuesday, June 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13798]
[[Page Unknown]]
[Federal Register: June 7, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD07-93-026]
RIN 2115-AE47
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 limit the number of openings of
the East Sunrise Boulevard Drawbridge, mile 1062.6 at Fort Lauderdale
during certain periods. This proposal is being made to relieve highway
congestion created by back-to-back bridge openings while still meeting
the reasonable needs of navigation.
DATES: Comments must be received on or before August 8, 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. For information
concerning comments, 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:
Brodie Rich, Project Manager 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 [CGD07-93-026] 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 comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to Mr. Brodie Rich 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.
Drafing Information
The principal persons involved in drafting this document are Brodie
Rich, Project Manager and LT J. M. Losego, Project Counsel.
Background and Purpose
This new drawbridge presently opens on signal. Congressman E. Clay
Shaw, Jr. requested that the Coast Guard conduct a study to determine
whether scheduled openings would improve traffic conditions in the
area. The bridge owner (Florida Department of Transportation)
recommended hour and half-hour openings on weekdays and 20-minute
openings on weekends during the season to reduce traffic delays. A
Coast Guard evaluation of the proposal concluded that the very light
highway traffic levels for this six-laned roadway and the frequency of
bridge openings did not justify the proposed opening schedules.
However, in order to eliminate back-to-back openings during the tourist
season which create traffic congestion, a 15-minute opening schedule
appears to be warranted.
Discussion of Proposed Amendments
The Coast Guard tested a 15-minute opening schedule between 10 a.m.
and 6 p.m. daily from December 1, 1993 through January 30, 1994,
pursuant to a published Notice of Deviation (58 FR 65668; December 16,
1993). No comments were received in response to the Notice of
Deviation. The results of the test indicated traffic backups created by
back-to-back openings were reduced. The proposed rule would allow for a
15-minute opening schedule to cover the period from 10 a.m. to 6 p.m.
daily during the season (November 15th through May 15th).
This schedule should eliminate back-to-back openings and help to
reduce traffic delays without unreasonably impacting navigation.
Regulatory Evaluation
This 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 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 proposal 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 proposal, the economic
impact is expected to be so minimal, 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 for inspection or copying where indicated under
ADDRESSES.
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 adding a new paragraph (gg) to
read as follows:
Sec. 117.261 Atlantic intracoastal waterway.
* * * * *
(gg) The draw of the East Sunrise Boulevard drawbridge (SR 838),
mile 1062.6, at Fort Lauderdale shall open on signal; except that from
November 15 to May 15, from 10 a.m. to 6 p.m., the draw need open only
on the hour, quarter-hour, half-hour and three-quarter hour.
* * * * *
Dated: May 18, 1994.
W.P. Leahy,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 94-13798 Filed 6-6-94; 8:45 am]
BILLING CODE 4910-14-M
