[Federal Register: March 17, 2004 (Volume 69, Number 52)]
[Proposed Rules]
[Page 12601-12603]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr04-24]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-04-037]
RIN 1625-AA09
Drawbridge Operation Regulations; Hobe Sound Bridge (SR 708),
Atlantic Intracoastal Waterway, mile 996.0, Hobe Sound, Martin County,
FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating regulations
of the Hobe Sound Bridge (SR 708) across the Atlantic Intracoastal
Waterway, mile 996.0 in Hobe Sound, Florida. This proposed rule would
require the drawbridge to open on a 20-minute schedule from 7 a.m. to 6
p.m., daily. This proposed action would improve the movement of
vehicular traffic while not unreasonably interfering with the movement
of vessel traffic.
DATES: Comments and related material must reach the Coast Guard on or
before May 17, 2004.
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, who maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and are available for inspection or copying
at Commander (obr), Seventh Coast Guard District, between 7:30 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 [CGD07-04-
037], 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
[[Page 12602]]
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. But you may submit a
request for a meeting by writing to the Bridge Branch at the address
under ADDRESSES 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.
Background and Purpose
The existing regulations of the Hobe Sound Bridge (SR 708), mile
996.0, at Hobe Sound, published in 33 CFR 117.5 require the draw to
open on signal.
On June 18, 2002, the Town of Jupiter Island requested that the
Coast Guard review the existing regulations governing the operation of
the Hobe Sound Bridge, because the Town contended that those
regulations were not meeting the needs of vehicle and vessel traffic.
On August 28, 2002, the Coast Guard issued a test deviation
published in the Federal Register (67 FR 55115). This test deviation
was effective from November 1, 2002, until January 27, 2003. The test
deviation allowed a change to the current bridge regulations by
allowing the bridge to open on the hour, 20 minutes after the hour, and
40 minutes after the hour from 7 a.m. to 6 p.m. daily. We received 67
comments in reference to this deviation. Sixty comments were for the 20
minute schedule; three comments requested that the schedule be changed
to an hour and half-hour; two comments were against the proposed
schedule; and one of those requested that, if it were to be made
permanent, it be limited to the winter season. One comment requested a
permanent exemption from the regulations for all commercial vessels and
one comment suggested enforcement of current regulations.
The Coast Guard proposes to make the 20-minute schedule published
in the test deviation permanent, based on prior bridge logs, which
indicated that the bridge opened two to three times an hour, and
comments received from the public during the test deviation period.
This proposed schedule may benefit both vessel and vehicle traffic by
allowing for the opportunity to plan trips in conjunction with the 20-
minute scheduled bridge openings. The hour and half schedule suggested
by three comments appears to place additional unnecessary restrictions
on navigation. The need for a seasonal summer and winter schedule does
not appear to have any additional benefits for either vehicle or vessel
traffic in this area as the prior traffic counts did not significantly
differ between the summer and winter seasons. However, we may request
additional traffic counts based on comments related to this NPRM. One
comment requested an exemption for commercial vessels. However, with
the exception of tugs and tugs with tows and Public Vessels of the
United States, the Coast Guard does not normally exempt classes of
vessels from regulations governing bridge operations.
Discussion of Proposed Rule
This proposed rule would require the Hobe Sound Bridge (SR 708),
mile 996.0, at Hobe Sound to open on signal; except that, from 7 a.m.
to 6 p.m., the draw 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, Regulatory Planning and Review,
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
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. This proposed rule would modify
the existing bridge schedule to allow for efficient vehicle traffic
flow and provide scheduled openings for vessel traffic.
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
impact on 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.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which may be small entities: the owners or operators
of vessels needing to transit the Intracoastal Waterway in the vicinity
of Hobe Sound Bridge, persons intending to drive over the bridge and
nearby business owners. The proposed rule offers frequent, scheduled
openings for vessel traffic, 3 times per hour from 7 a.m. to 6 p.m.,
and will meet the reasonable needs of navigation throughout the
affected times. Vehicle traffic and small business owners in the area
will benefit from the increased traffic flow that regularly scheduled
openings will offer this area.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 affect 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 the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Collection of Information
This proposed rule would call for no new collection of information
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 it 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 the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of
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$100,000,000 or more in any one year. Though 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 would 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, 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 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 analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation. Under figure 2-1, paragraph (32)(e) of the
Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this
proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Add Sec. 117.261(q) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(q) Hobe Sound Bridge (SR 708), mile 996.0, at Hobe Sound. The draw
shall open on signal; except that, from 7 a.m. to 6 p.m., the draw need
open only on the hour, 20 minutes after the hour, and 40 minutes after
the hour.
* * * * *
Dated: February 13, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-6049 Filed 3-16-04; 8:45 am]
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