[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]
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