[Federal Register Volume 59, Number 108 (Tuesday, June 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13799]


[[Page Unknown]]

[Federal Register: June 7, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD07-94-051]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rule making.

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SUMMARY: The Coast Guard proposes to change regulations governing the 
operation of the Hillsboro Boulevard (SR 810) drawbridge, mile 1050.0 
at Deerfield Beach, Florida, by permitting the draw to remain closed 
for a longer period of time during the winter season. This proposal is 
being made to relieve highway congestion created by bridge openings 
while still meeting the reasonable needs of navigation.

DATES: Comments must be received on or before August 8, 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. For information 
concerning comments, the telephone number is 305-536-4103.

    The Commander, Seventh Coast Guard District maintains the public 
docket for this rule making. Comments will become part of this docket 
and will be available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT:
Brodie Rich, Project Manager at (305) 536-4103.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rule making by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rule making (CGD07-94-051) 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. Comments regarding the 
potential impact of this proposal on the safety of navigation are 
particularly solicited.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Mr. Brodie Rich 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 rule making, 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 Brodie 
Rich, Project Manager, and LT. J. M. Losego, Project Counsel.

Background and Purpose

    This drawbridge presently opens on signal, except that from October 
1 through May 31, from 7 a.m. to 6 p.m., the draw opens only on the 
hour, quarter-hour, half-hour and three-quarter hour. Mayor Sussman 
requested that the Coast Guard change the operating regulations to 
provide for hour and half-hour drawbridge openings. The bridge owner 
(Florida Department of Transportation) recommended a change to a 20-
minute opening schedule during the season to reduce traffic delays.
    A Coast Guard analysis of highway traffic and bridge opening data 
provided by the bridge owner and four on-site investigations of the 
waterway holding conditions and local traffic patterns which were 
concluded on May 5, 1994, established that the highway traffic levels 
for this four-laned roadway and the frequency of bridge openings did 
not justify the proposed hour/half-hour opening schedule. However, in 
order to reduce drawbridge openings and periodic traffic congestion 
during the tourist season, a 20-minute opening schedule appears to be 
warranted.

Discussion of Proposed Amendments

    The proposed rule would allow for a 20-minute opening schedule to 
cover the period from 7 a.m. to 6 p.m. daily during the season (October 
1st through May 31st).
    This schedule would reduce the number of bridge openings and help 
to reduce highway traffic delays. The Coast Guard has a continuing 
concern for the safety of navigation while vessels are waiting for a 
bridge opening. As noted in the ``Coast Pilot'', the Hillsboro Drainage 
Canal immediately north of the bridge creates strong cross currents in 
the Intracoastal Waterway channel during certain tidal conditions. 
These currents could cause a vessel to strike the northeast fender 
system if a mariner is unaware of the local currents or if the vessel 
is underpowered and had to come about in the stream. Mariners are 
encouraged to comment on this navigational safety issue.

Regulatory Evaluation

    This proposal 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. It 
has been exempted from review by the Office of Management and Budget 
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 10e of the regulatory policies and procedures of DOT (44 FR 
11040; February 26, 1979) is unnecessary. We conclude this because the 
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 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 tugs with tows are exempt from this proposal, the economic 
impact is expected to be so minimal, 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 for inspection or copying where indicated under 
ADDRESSES.

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 (bb) to read as 
follows:


Sec. 117.261  Atlantic Intracoastal Waterway.

* * * * *
    (bb) The draw of the Hillsboro Boulevard drawbridge (SR 810), mile 
1050.0, at Deerfield Beach shall open on signal; except that from 
October 1 to May 31, 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: May 18, 1994.
W.P. Leahy,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 94-13799 Filed 6-6-94; 8:45 am]
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