[Federal Register: February 28, 2003 (Volume 68, Number 40)]
[Proposed Rules]
[Page 9609-9611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe03-43]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD07-02-147]
RIN 2115-AE47
Drawbridge Operation Regulations; Commercial Boulevard Bridge (SR
870), Atlantic Intracoastal Waterway, mile 1059.0, Lauderdale-by-the-
Sea, Broward County, FL
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating regulations
of the Commercial Boulevard bridge (SR 870) across the Atlantic
Intracoastal Waterway, mile 1059.0 in Lauderdale-by-the-Sea, Florida.
This proposed rule would require the bridge to open on signal, except
that from 7 a.m. to 6 p.m. daily, the bridge would be required to open
only on the hour, 20 minutes after the hour, and 40 minutes after the
hour. This action is intended to improve the movement of vehicular
traffic while providing for the reasonable needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before April 29, 2003.
ADDRESSES: You may mail comments and related material to Commander
(obr), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 432,
Miami, FL 33131. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, are part of the docket and are available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st
Avenue, Room 432, Miami, FL 33131 between 8 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Project Officer,
Seventh Coast Guard District, Bridge Branch, at (305) 415-6744.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD07-02-
147], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. You may submit a
request for a meeting by writing to Bridge Branch, Seventh Coast Guard
District, 909 S.E. 1st Avenue, Room 432, Miami, FL 33131, explaining
why one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
[[Page 9610]]
Background and Purpose
On January 3, 2002, the City of Fort Lauderdale requested that the
Coast Guard review the existing regulation of the Commercial Boulevard
bridge (SR 870) because the City believed the existing regulations were
not meeting the needs of vehicle traffic.
The existing regulation of the Commercial Boulevard bridge (SR
870), mile 1059.0, at Lauderdale-by-the-Sea, published in 33 CFR
117.261(ee), requires the draws to open on signal, except that, from
November 1 through May 15, from 8 a.m. to 6 pm., Monday through Friday,
the draws need open only on the hour, quarter-hour, half-hour, and
three-quarter-hour, and from 8 a.m. to 6 p.m. on Saturdays, Sundays,
and Federal holidays, the draws need open only on the hour, 20 minutes
after the hour, and 40 minutes after the hour.
This proposed rule would make the seasonal openings effective year
round. Traffic studies have shown that vehicular traffic has increased
at this location year round and a seasonal schedule is no longer
appropriate.
On March 18, 2002, the Coast Guard issued a temporary deviation
published in the Federal Register (67 FR 11919, March 18, 2002). This
deviation was effective from April 17, 2002 until July 16, 2002, and
from 7 a.m. to 6 p.m., allowed the bridge to open on the hour, 20
minutes after the hour, and 40 minutes after the hour. We received 38
comments on this deviation, 31 were in favor of the 20-minute schedule
and seven comments requested that the schedule be changed to an hour
and half-hour schedule. Based on our evaluation of the comments
received and neighboring bridge schedules, the Coast Guard proposes to
make the 20-minute schedule permanent. A 20-minute schedule is
necessary to keep vessel traffic on the waterway moving because the
bridge immediately to the north of this bridge is on a 30-minute
schedule and the bridge immediately to the south of this bridge is on a
20-minute schedule. If this bridge were placed on a 30-minute schedule,
vessels would experience a greater delay in traversing the waterway.
Discussion of Proposed Rule
This proposed rule would require the Commercial Boulevard bridge
(SR 870), mile 1059.0, at Lauderdale-by-the-Sea, to open on signal;
except that, from 7 a.m. to 6 p.m. daily, the draws need open only on
the hour, 20 minutes after the hour, and 40 minutes after the hour.
Regulatory Evaluation
This proposed 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. The Office of Management and Budget has not reviewed it
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 10(e) of the regulatory policies and procedures of DOT
is unnecessary because this proposed rule only slightly modifies the
existing bridge schedule and still provides for regular openings.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
effect upon a substantial number of small entities. The term ``small
entities'' comprises small business, not-for-profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
This proposed rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit the Intracoastal Waterway in the vicinity of Commercial
Boulevard bridge, persons intending to drive over the bridge, and
nearby business owners. 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 this proposed rule
would only slightly modify the existing schedule and would still
provide for regular openings.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically effect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If this
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the person listed
under FOR FURTHER INFORMATION CONTACT. We also have a point of contact
for commenting on actions by employees of the Coast Guard. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman.
The Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This proposed rule calls for no new collection of information
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that this rule does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in an expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector, of $100,000,000 or more in any
one year. Although this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule will not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation,
[[Page 9611]]
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded that under figure 2-1, paragraph 32(e) of Commandant
Instruction M16475.1D, this proposed rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
For the reason discussed 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); Section
117.255 also issued under authority of Pub. L. 102-587, 106 Stat.
5039.
2. Revise Sec. 117.261(ee) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(ee) Commercial Boulevard bridge (SR 870), mile 1059.0, at
Lauderdale-by-the-Sea. The draws shall open on signal, except that,
from 7 a.m. to 6 p.m. daily, the draws need open only on the hour, 20
minutes after the hour, and 40 minutes after the hour.
* * * * *
Dated: February 10, 2003.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 03-4760 Filed 2-27-03; 8:45 am]
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