[Federal Register: January 31, 2006 (Volume 71, Number 20)]
[Proposed Rules]
[Page 5030-5032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja06-18]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-04-136]
RIN 1625-AA09
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Broward County, FL
AGENCY: Coast Guard, DHS.
ACTION: Supplemental Notice of proposed rulemaking.
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SUMMARY: On August 16, 2005, the Coast Guard proposed to change the
regulations governing the operation of 10 drawbridges, and establish
operating regulations for 2 drawbridges, all of which cross the
Atlantic Intracoastal Waterway in Broward County, FL. The proposed rule
would require all of these drawbridges to open twice an hour. The
proposed schedule is based on a request from Broward County officials,
a test the Coast Guard conducted from December, 2004, until February,
2005, and comments received from the public based on the test. The
proposed schedule meets the reasonable needs of navigation while
accommodating increased vehicular traffic throughout the county. Due to
the active hurricane season and lack of public comments to the previous
Notice of Proposed Rulemaking we are reissuing the previous Notice of
Proposed Rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before March 15, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpb), Seventh Coast Guard District, 909 SE 1st Avenue, Room 432,
Miami, Florida 33131-3050. Commander (dpb) 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, (CGD07-04-136) and will be
available for inspection or copying at Commander (dpb), Seventh Coast
Guard District, 909 SE 1st Avenue, Room 432, Miami, Florida 33131-3050
between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Seventh Coast Guard
District, Bridge Branch, telephone number 305-415-6747.
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-
136), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. We are
maintaining the comments that were previously submitted as a result of
the prior temporary deviation and it is unnecessary to resubmit the
same comments. 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.
[[Page 5031]]
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Bridge Branch, Seventh Coast Guard
District, 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
At the request of Broward County, the Coast Guard published a
temporary deviation, effective from December 1, 2004 to February 28,
2005, as a test regulation for 11 Broward County drawbridges(69 FR
67055). The following bridges were covered by the temporary deviation:
NE 14th Street, mile 1055.0, Atlantic Boulevard (SR 814), mile 1056.0,
Commercial Boulevard (SR 870), mile 1059.0, Oakland Park Boulevard,
mile 1060.5, East Sunrise Boulevard (SR 838), mile 1062.6, East Las
Olas Boulevard, mile 1064.0, SE 17th Street Causeway, mile 1065.9,
Dania Beach Boulevard, mile 1069.4, Sheridan Street, mile 1070.5,
Hollywood Beach Boulevard (SR 820), mile 1072.2, and Hallandale Beach
Boulevard (SR 824), mile 1074.0. The Dania Beach Boulevard and Sheridan
Street bridges currently do not have codified operating regulations.
The Hillsboro Boulevard Bridge was not covered by the temporary
deviation.
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. Those comments are being
maintained in the docket and will be incorporated in the final
rulemaking.
Public officials in Broward County requested the change in
operating regulations to reduce burdens on county roadways and to
standardize drawbridge openings throughout the county. The proposed
rule would 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 Proposed Rule
The Coast Guard proposes to change the operating regulations of 10
drawbridges, and establish operating regulations for the Dania Beach
Boulevard and Sheridan Street drawbridges, all of which cross the
Atlantic Intracoastal Waterway in Broward County. The existing
regulations that govern the operation of the Broward County drawbridges
are published in 33 CFR Sec. 117.5 and 33 CFR Sec. 117.261.
The proposed rule would stagger the bridge openings from north to
south and allow a vessel traveling south at five knots to significantly
reduce wait times to pass through open drawbridges. Drawbridges will
either open on the hour and half hour or on the quarter and three-
quarter hour. The results are that the following bridges will operate
on the schedules below:
Open on the hour and half hour--
Hillsboro Boulevard (SR 810), mile 1050.0
Atlantic Boulevard (SR 814), mile 1056.0
Commercial Boulevard (SR 870), mile 1059.0
East Sunrise Boulevard (SR 838), mile 1062.6
SE 17th Street Causeway, mile 1065.9
Dania Beach Boulevard, mile 1069.4
Hollywood Beach Boulevard (SR 820), mile 1072.2
Open on the quarter hour and three-quarter hour--
NE 14th Street, mile 1055.0
Oakland Park Boulevard, mile 1060.5
East Las Olas Boulevard, mile 1064.0
Sheridan Street, mile 1070.5
Hallandale Beach Boulevard (SR 824), mile 1074.0
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.
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. The proposed rule would 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 proposed 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 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 the Broward County bridges.
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 rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
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
[[Page 5032]]
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 $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. 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 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.
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. 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. Marys 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.
(7) East Las Olas bridge, mile 1064 at Fort Lauderdale. The draw
shall open on the quarter-hour and three-quarter hour.
(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: January 20, 2006.
D.B. Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E6-1150 Filed 1-30-06; 8:45 am]
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