[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Rules and Regulations]
[Pages 67947-67948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32847]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD07-96-064]
RIN 2115-AE 47


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Florida

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the J.D. Butler (Hillsboro Boulevard/SR 810) drawbridge, 
mile 1050.0 at Deerfield Beach, by limiting the number of openings 
during certain periods. This change is being made because of complaints 
of delays to vehicular traffic during the heavy tourist season period. 
This action is necessary to accommodate the needs of vehicular traffic 
flow and provide for the reasonable needs of navigation.

DATES: This rule is effective December 26, 1996. Comments must be 
received on or before February 24, 1997.

ADDRESSES: Comments may be mailed to the Commander(oan), Seventh Coast 
Guard District, Bridge Section, Brickell Plaza Federal Building, 909 
S.e. First Avenue, Miami, Florida 33131-3050, or may be delivered to 
room 406 at the same address between 7:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (305) 
536-5117.

FOR FURTHER INFORMATION CONTACT:
Mr. Brodie Rich, Project Manager, Seventh Coast Guard District, Bridge 
Section at (305) 536-5117.

SUPPLEMENTARY INFORMATION: This rule is being published as an interim 
rule and is being made effective on the date of publication. This rule 
is being promulgated without an NPRM because this proposed regulation 
change is needed immediately due to the large increase in seasonal 
highway traffic on Hillsboro Boulevard and the greater number of bridge 
openings being caused by increased vessel traffic along this reach of 
the Atlantic Intracoastal Waterway. This interim rule was tested with 
request for comments (61 FR 1524, January 22, 1996) from December 1, 
1995 through February 28, 1996. The change in opening schedules helped 
to relieve seasonal traffic congestion without unreasonably impacting 
navigation. The Coast Guard did not receive any objections to the 
temporary deviation during the test period. The interim rule has not 
changed from the previously tested temporary deviation.

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD07-96-064) and the specific section of 
this rule to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for coping 
and electronic filing. Persons wanting acknowledgement of receipt of 
comments should enclose stamped, self-addressed postcards or envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this rule or the assessment in view of 
the comments received.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the District Commander at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If it determines that the opportunity for oral 
presentation will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The Coast Guard is changing the regulations governing the operation 
of the J.D. Butler (Hillsboro Boulevard/SR 810) drawbridge, mile 1050.0 
at Deerfield Beach, by limiting the number of openings during certain 
periods. This change is being made because of complaints of delays to 
vehicular traffic during the heavy tourist season period. This change 
is being made because of complaints of delays to vehicular traffic 
during the heavy tourist season period. This four lane roadway which 
intersects with highway A-1-A, a two-lane roadway immediately east of 
the drawbridge, becomes extremely congested as vehicles enter and leave 
the popular beach area. The weekend bridge openings exacerbate this 
congestion especially during peak periods. This action is necessary to 
accommodate the needs of vehicular traffic flow and provide for the 
reasonable needs of the vessel navigation.
    On January 30, 1996, the Coast Guard issued Public Notice 8-96 
soliciting comments on the test of this regulation from December 1, 
1995 through February 28, 1996. No objections were received. This 
interim rule is unchanged from the temporary deviation with comments 
published on January 22, 1996.
    The interim rule reduces the number of draw openings by changing 
the existing 20 minute schedule to hour and half-hour openings from 7 
a.m. to 6 p.m. on Friday through Sunday and federal holidays. From 
Monday through Thursday, from 7 a.m. to 6 p.m., the draw will continue 
to open on the hour, 20 minutes after the hour, and 40 minutes after 
the hour.

Regulatory Evaluation

    This 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. It 
has not been reviewed 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 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. We 
conclude this because of the infrequent operation of the draw, and 
public vessels of the United States, tugs with tows, and vessels in a 
situation where a delay would endanger life or property will continue 
to be passed through the draw at any time.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field and governmental jurisdictions with populations 
of less than 50,000. This rule does not require a general notice of 
proposed rulemaking and, therefore, is exempt from the requirements of 
the Act. Although this rule is exempt, the Coast Guard has reviewed it 
for potential impacts on small entities.

[[Page 67948]]

    The economic impact will not affect a substantial number of small 
entities since tugs with tows are exempt and local excursion vessels 
will be able to plan their passage during the scheduled opening 
periods.
    Therefore, the Coast Guard's position is that this rule will not 
have a significant economic impact on a substantial number of small 
entities. If, however, you think that your business or organization 
qualifies as a small entity and that this rule will have a significant 
economic impact on your business or organization, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this rule will economically affect it.

Collection of Information

    This rule contains no collection-of-information requirements under 
the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)

Federalism

    The Coast Guard has analyzed the rule that under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2.e.(32) 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.

Final Regulations

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 117 as follows:

PART 117--[AMENDED]

    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 the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.261 is amended by revising paragraph (bb) to read as 
follows:


Sec. 117.261  Atlantic Intracoastal Waterway from St. Mary's River to 
Key Largo, FL.

* * * * *
    (bb) Hillsboro Boulevard (SR 810) bridge, mile 1050.0 at Deerfield 
Beach. The draw shall open on signal; except that, from October 1 
through May 31, from 7 a.m. to 6 p.m., on Monday through Thursday, the 
draw need open only on the hour, 20 minutes after the hour, and 40 
minutes after the hour; and from 7 a.m. to 6 p.m., on Friday through 
Sunday and federal holidays, the draw need open only on the hour and 
half-hour.
* * * * *
    Dated: December 9, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 96-32847 Filed 12-24-96; 8:45 am]
BILLING CODE 4910-14-M