[Federal Register: June 29, 2006 (Volume 71, Number 125)]
[Rules and Regulations]
[Page 36993-36995]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn06-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-04-136]
RIN 1625-AA09
Drawbridge Operation Regulation; Broward County Bridges, Atlantic
Intracoastal Waterway, Broward County, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations governing the
operation of all Broward County drawbridges across the Atlantic
Intracoastal Waterway, Broward County, Florida. This rule will require
these drawbridges to open twice an hour. This schedule will meet the
reasonable needs of navigation while accommodating increased vehicular
traffic flow throughout the county.
DATES: This rule is effective July 31, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD07-04-136] and are available for inspection or
copying at Commander (dpb), Seventh Coast Guard District, 909 SE 1st
Ave., Ste 432 Miami, Florida 33131-3050 between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Seventh Coast Guard
District Bridge Branch, (305) 415-6747.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On August 16, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Broward County
Bridges, Atlantic Intracoastal Waterway, Broward County, Florida in the
Federal Register (70 FR 157). We received 86 letters commenting on the
proposed rule. No public meeting was requested, and none was held
Background and Purpose
At the request of Broward County, the Coast Guard published a
temporary deviation as a test regulation for Broward County drawbridges
in the Federal Register (69 FR 67055). The test was conducted for
approximately 90 days to collect data to determine the feasibility of
changing the regulations on all drawbridges in Broward County crossing
the Atlantic Intracoastal Waterway, to meet the increased demands of
vehicular traffic and still provide for the reasonable needs of
navigation. The test results indicated that the proposed schedule
allowed both vehicular and vessel traffic the opportunity to predict,
on a scheduled basis, when the bridges might be in the open position.
We received 205 comments, 182 were in favor of the test schedules, 13
were in favor of keeping the existing schedules, 8 comments provided
other recommended opening schedules, and 2 were general in nature.
In light of the test period, the Coast Guard published a Notice of
Proposed Rulemaking in the Federal Register on August 16, 2005 (70 FR
48088) [CGD07-04-136], delineating this proposed new schedule. Due to
the active hurricane season and lack of public comments to the previous
Notice of Proposed Rulemaking, we issued a Supplemental Notice of
Proposed Rulemaking in the Federal Register on January 31, 2006 (71 FR
5030) [CGD07-04-136]. We received 89 comments: 2 petitions with 58
signatures in favor of the schedules, 79 letters from individual
citizens in favor of the schedules, 2 letters from municipalities in
favor of the schedules, 5 letters from condominium associations in
favor of the schedules, and 1 letter opposing the new schedules.
The change in operating regulations was requested by Broward County
to reduce burdens on county roadways and to standardize drawbridge
openings throughout the county. The rule will allow all drawbridges
crossing the Atlantic Intracoastal Waterway in Broward County to
operate on a standardized schedule that would meet the reasonable needs
of navigation and address vehicular traffic congestion.
Discussion of Comments and Changes
We received 89 comments: 2 petitions with 58 signatures in favor of
the schedules, 79 letters from individual
[[Page 36994]]
citizens in favor of the schedules, 2 letters from municipalities in
favor of the schedules, 5 letters from condominium associations in
favor of the schedules, and 1 letter opposing the new schedules. One
commenter felt that changing on-demand openings to timed openings would
be hazardous to vessels. The Coast Guard disagrees, as the previous
test period and extensive study disclosed that having the bridges
placed on a schedule would enable vessel traffic to predict when a
drawbridge might open, thereby allowing trips to be timed so as to
reach a drawbridge when it is in the open position.
Regulatory Evaluation
This 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 rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. The rule will provide timed openings for
vehicular traffic and sequenced openings for vessel traffic and should
have little economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, 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 rule will
not have a significant economic impact on a substantial number of small
entities, as the rule will provide timed openings for vehicular traffic
and sequenced openings for vessel traffic.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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 and
the Regional Small Business Regulatory Fairness Boards. 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 rule calls 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 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 $100,000,000 or more in any
one year. Though this 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 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 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 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 rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
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
[[Page 36995]]
a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation. Under figure 2-1, paragraph (32) (3), of the
Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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.
0
2. In Sec. 117.261, remove and reserve paragraphs (cc), (dd), (ee),
(ff), (gg), (hh), (jj), and (kk) and revise paragraph (bb) to read as
follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Mary's River to
Key Largo.
* * * * *
(bb) Broward County (1) Hillsboro Boulevard bridge (SR 810), mile
1050.0 at Deerfield Beach. The draw shall open on the hour and half-
hour.
(2) NE 14th Street bridge, mile 1055.0 at Pompano. The draw shall
open on the quarter-hour and three-quarter hour.
(3) Atlantic Boulevard (SR 814) bridge, mile 1056.0 at Pompano. The
draw shall open on the hour and half-hour.
(4) Commercial Boulevard (SR 870) bridge, mile 1059.0, at
Lauderdale-by-the-Sea. The draw shall open on the hour and half-hour.
(5) Oakland Park Boulevard bridge, mile 1060.5 at Fort Lauderdale.
The draw shall open on the quarter-hour and three-quarter hour.
(6) East Sunrise Boulevard (SR 838) bridge, mile 1062.6, at Fort
Lauderdale. The draw shall open on the hour and half-hour. On the first
weekend in May, the draw need not open from 4 p.m. to 6 p.m on Saturday
and Sunday, and, on the first Saturday in May, the draw need not open
from 9:45 p.m. to 10:45 p.m.
(7) East Las Olas bridge, mile 1064 at Fort Lauderdale. The draw
shall open on the quarter-hour and three-quarter hour. On the first
weekend in May, the draw need not open from 4 p.m. to 6 p.m on Saturday
and Sunday, and, on the first Saturday in May, the draw need not open
from 9:45 p.m. to 10:45 p.m.
(8) SE 17th Street (Brooks Memorial) bridge, mile 1065.9 at Fort
Lauderdale. The draw shall open on the hour and half-hour.
(9) Dania Beach Boulevard bridge, mile 1069.4 at Dania Beach. The
draw shall open on the hour and half-hour.
(10) Sheridan Street bridge, mile 1070.5, at Fort Lauderdale. The
draw shall open on the quarter-hour and three-quarter hour.
(11) Hollywood Beach Boulevard (SR 820) bridge, mile 1072.2 at
Hollywood. The draw shall open on the hour and half-hour.
(12) Hallandale Beach Boulevard (SR 824) bridge, mile 1074.0 at
Hallandale. The draw shall open on the quarter-hour and three-quarter
hour.
* * * * *
Dated: June 20, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E6-10252 Filed 6-28-06; 8:45 am]
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