[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Proposed Rules]
[Pages 9609-9611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4760]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-02-147]
RIN 2115-AE47


Drawbridge Operation Regulations; Commercial Boulevard Bridge (SR 
870), Atlantic Intracoastal Waterway, mile 1059.0, Lauderdale-by-the-
Sea, Broward County, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating regulations 
of the Commercial Boulevard bridge (SR 870) across the Atlantic 
Intracoastal Waterway, mile 1059.0 in Lauderdale-by-the-Sea, Florida. 
This proposed rule would require the bridge to open on signal, except 
that from 7 a.m. to 6 p.m. daily, the bridge would be required to open 
only on the hour, 20 minutes after the hour, and 40 minutes after the 
hour. This action is intended to improve the movement of vehicular 
traffic while providing for the reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before April 29, 2003.

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. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, are part of the docket and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st 
Avenue, Room 432, Miami, FL 33131 between 8 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 [CGD07-02-
147], 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 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. You may submit a 
request for a meeting by writing to Bridge Branch, Seventh Coast Guard 
District, 909 S.E. 1st Avenue, Room 432, Miami, FL 33131, 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.

[[Page 9610]]

Background and Purpose

    On January 3, 2002, the City of Fort Lauderdale requested that the 
Coast Guard review the existing regulation of the Commercial Boulevard 
bridge (SR 870) because the City believed the existing regulations were 
not meeting the needs of vehicle traffic.
    The existing regulation of the Commercial Boulevard bridge (SR 
870), mile 1059.0, at Lauderdale-by-the-Sea, published in 33 CFR 
117.261(ee), requires the draws to open on signal, except that, from 
November 1 through May 15, from 8 a.m. to 6 pm., Monday through Friday, 
the draws need open only on the hour, quarter-hour, half-hour, and 
three-quarter-hour, and from 8 a.m. to 6 p.m. on Saturdays, Sundays, 
and Federal holidays, the draws need open only on the hour, 20 minutes 
after the hour, and 40 minutes after the hour.
    This proposed rule would make the seasonal openings effective year 
round. Traffic studies have shown that vehicular traffic has increased 
at this location year round and a seasonal schedule is no longer 
appropriate.
    On March 18, 2002, the Coast Guard issued a temporary deviation 
published in the Federal Register (67 FR 11919, March 18, 2002). This 
deviation was effective from April 17, 2002 until July 16, 2002, and 
from 7 a.m. to 6 p.m., allowed the bridge to open on the hour, 20 
minutes after the hour, and 40 minutes after the hour. We received 38 
comments on this deviation, 31 were in favor of the 20-minute schedule 
and seven comments requested that the schedule be changed to an hour 
and half-hour schedule. Based on our evaluation of the comments 
received and neighboring bridge schedules, the Coast Guard proposes to 
make the 20-minute schedule permanent. A 20-minute schedule is 
necessary to keep vessel traffic on the waterway moving because the 
bridge immediately to the north of this bridge is on a 30-minute 
schedule and the bridge immediately to the south of this bridge is on a 
20-minute schedule. If this bridge were placed on a 30-minute schedule, 
vessels would experience a greater delay in traversing the waterway.

Discussion of Proposed Rule

    This proposed rule would require the Commercial Boulevard bridge 
(SR 870), mile 1059.0, at Lauderdale-by-the-Sea, to open on signal; 
except that, from 7 a.m. to 6 p.m. daily, the draws 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 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 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 10(e) of the regulatory policies and procedures of DOT 
is unnecessary because this proposed rule only slightly modifies the 
existing bridge schedule and still provides for regular openings.

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 
effect upon 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.
    This proposed rule may affect the following entities, some of which 
may be small entities: the owners or operators of vessels intending to 
transit the Intracoastal Waterway in the vicinity of Commercial 
Boulevard bridge, persons intending to drive over the bridge, and 
nearby business owners. The Coast Guard certifies under 5 U.S.C. 605(b) 
that this proposed rule will not have a significant economic impact on 
a substantial number of small entities, because this proposed rule 
would only slightly modify the existing schedule and would still 
provide for regular openings.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 effect 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 this 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult the person listed 
under FOR FURTHER INFORMATION CONTACT. We also have a point of contact 
for commenting on actions by employees of the Coast Guard. 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. 
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 proposed rule calls for no new collection of information 
requirements 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 this rule 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 an 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. Although 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 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation,

[[Page 9611]]

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 proposed 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 considered the environmental impact of this proposed rule 
and concluded that under figure 2-1, paragraph 32(e) of Commandant 
Instruction M16475.1D, this proposed rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reason 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; 49 CFR 1.46; 33 CFR 1.05-1(g); Section 
117.255 also issued under authority of Pub. L. 102-587, 106 Stat. 
5039.

    2. Revise Sec.  117.261(ee) to read as follows:


Sec.  117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (ee) Commercial Boulevard bridge (SR 870), mile 1059.0, at 
Lauderdale-by-the-Sea. The draws shall open on signal, except that, 
from 7 a.m. to 6 p.m. daily, the draws need open only on the hour, 20 
minutes after the hour, and 40 minutes after the hour.
* * * * *

    Dated: February 10, 2003.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-4760 Filed 2-27-03; 8:45 am]
BILLING CODE 4910-15-P