[Federal Register Volume 62, Number 155 (Tuesday, August 12, 1997)]
[Proposed Rules]
[Pages 43131-43132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21256]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-97-020]
RIN-2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Florida

AGENCY: Coast Guard, DOT.

ACTION: 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 proposal is being made as a 
result of complaints about extensive highway traffic delays caused by 
bridge openings. This change is intended to relieve highway congestion 
while still meeting the reasonable needs of navigation.

DATES: Comments must be received on or before October 14, 1997.

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 4:00 
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 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 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 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.

Background and Purpose

    The present opening schedules for the three drawbridges to Palm 
Beach are as follows:
    <r-arrow>The Flagler Memorial (SR A1A) Drawbridge which crosses the 
Atlantic Intracoastal Waterway, mile 1021.9 at Palm Beach presently 
opens on signal; except that, from November 1 to May 31, Monday through 
Friday except Federal holidays, from 8 a.m. to 9:30

[[Page 43132]]

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.
    The Royal Park (SR 704) Drawbridge which crosses the Atlantic 
Intracoastal Waterway, mile 1022.6 at Palm Beach presently opens on 
signal; except that, from November 1 through May 31, Monday through 
Friday except Federal holidays, from 8 a.m. to 9:30 a.m. and from 3:30 
p.m. to 5:45 p.m., the draw need open only at 8:45 a.m., 4:15 p.m., and 
5 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.
    The Southern Boulevard (SR 700/80) Drawbridge which crosses the 
Atlantic Intracoastal Waterway, mile 1024.7 at Palm Beach presently 
opens on signal; except that, from November 1 through May 31, Monday 
through Friday except Federal holidays, from 7:30 a.m. to 9 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.
    In 1995, the Florida Department of Transportation provided bridge 
logs, highway traffic data and traffic analysis to support extending 
the seasonal timed openings year round.
    The Coast Guard's analysis of the traffic data indicated 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. However, the data 
does show that highway traffic levels increase significantly during the 
month of October at all three bridges. In addition, the heavy weekend 
traffic level and increased number of bridge openings during seasonal 
months warrants additional opening restriction during weekends and 
holidays.

Discussion of Proposed Rules

    The proposal would add seasonal 30 minute weekend and holiday 
opening restrictions for all three drawbridges similar to the existing 
weekday restrictions at the Flagler and Royal Park bridges. In 
addition, a 30 minute opening schedule would be established at the 
Southern Boulevard Bridge during weekdays in the winter season. The 
seasonal restrictions for all three bridges would also commence a month 
earlier on 1 October to help reduce traffic congestion created by 
earlier arrival of seasonal visitors to the Palm Beach area.
    This change is intended to relieve seasonal highway congestion 
while still meeting the reasonable needs of navigation.

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 not been reviewed 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 is 
unnecessary. We conclude this because the proposal would exempt tugs 
with tows.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Caost Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. Small 
entities may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field and (2) governmental jurisdictions with 
populations of less than 50,000.
    Because it expects the impact of the 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. If, however, you think that your business or 
organization qualifies as a small entity and that this proposal will 
have a significant economic impact on your business or organization, 
please submit a comment (see ADDRESSES) explaining why you think it 
qualifies and in what way, and to what degree this proposal will 
economically affect it.

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 the 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.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and has determined pursuant to section 2.B.2.e(32) of 
Commandant Instruction M16475.1B, that this action is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination is available in the 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. Section 117.261 is amended by revising paragraph (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, 
from 9:30 a.m. to 4 p.m., the draw need open only on the hour and half-
hour. On Monday through Friday, except Federal holidays, from 8 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.
    (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, from 
9:30 a.m. to 3:30 p.m., to draw need open only on the quarter-hour and 
three-quarter hour. On Monday through Friday, except Federal holidays, 
from 8 a.m. to 9:30 a.m. and from 3:30 p.m. to 5:45 p.m., the draw need 
open only at 8:45 a.m., 4:15 p.m., and 5 p.m.
    (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, from 9 a.m. to 4:30 p.m., the draw need open only on 
the quarter-hour and three-quarter hour. On Monday through Friday 
except Federal holidays, from 7:30 a.m. to 9 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.
* * * * *
    Dated: June 30, 1997.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 97-21256 Filed 8-11-97; 8:45 am]
BILLING CODE 4910-14-M