[Federal Register Volume 69, Number 43 (Thursday, March 4, 2004)]
[Rules and Regulations]
[Pages 10160-10161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4780]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-02-147]
RIN 1625-AA09


Drawbridge Operation Regulations; Commercial Boulevard Bridge (SR 
870), Atlantic Intracoastal Waterway, Mile 1059.0, Lauderdale-by-the-
Sea, 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 the Commercial Boulevard Bridge (SR 870), Intracoastal 
Waterway, mile 1059.0, Lauderdale-by-the-Sea, Florida. This rule 
requires the bridge to open on signal, except that from 7 a.m. to 6 
p.m. each day of the week, the bridge need only open on the hour, 
twenty minutes past the hour and forty minutes past the hour. This 
action is intended to improve vehicular traffic movement while not 
unreasonably interfering with vessel traffic movement.

DATES: This rule is effective April 5, 2004.

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 [CGD07-02-147] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 SE. 1st 
Avenue, Room 432, Miami, Florida 33131 between 7:30 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The Bridge Branch, 
Seventh District maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Project Manager, 
Seventh Coast Guard District, Bridge Branch, (305) 415-6744.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On March 18, 2003, we published a temporary deviation (TD) entitled 
Drawbridge Operation Regulations; Commercial Boulevard Bridge (SR 870), 
Atlantic Intracoastal Waterway, mile 1059.0, Lauderdale-by-the-Sea, 
Broward County, Florida in the Federal Register (67 FR 11919). We 
received 38 letters commenting on the temporary deviation. No public 
meeting was requested, and none was held. On February 28, 2003, we 
published a notice of proposed rulemaking (NPRM) entitled Drawbridge 
Operation Regulations; Commercial Boulevard Bridge (SR 870), Atlantic 
Intracoastal Waterway, mile 1059.0, Lauderdale-by-the-Sea, Broward 
County, Florida in the Federal Register (68 FR 9609). We received three 
letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    The City of Fort Lauderdale requested a change in regulations 
governing the operation of the Commercial Boulevard Bridge (SR 870) to 
ease vehicular traffic congestion approaching the bridge and in the 
surrounding beachside intersections and roadways. Commercial Boulevard 
is congested in this area due to an abundance of condominiums on the 
beach and an increase of non-seasonal tourism. The existing regulations 
for this bridge are published in 33 CFR 117.261(ee) and require the 
bridge to open on signal, except that, from November 1 through May 15, 
from 8 a.m. to 6 p.m., Monday through Friday, the draw need only open 
on the hour, quarter-hour, half-hour, and three-quarter hour, and from 
8 a.m. to 6 p.m. on Saturday, Sunday, and Federal holidays, the draw 
need open only on the hour, twenty minutes after the hour, and forty 
minutes after the hour. The bridge has a vertical clearance of 15 feet 
and a horizontal clearance of 90 feet. This rule will improve vehicular 
traffic movement by placing the bridge on a twenty minute schedule from 
7 a.m. to 6 p.m., each day of the week.

Discussion of Comments and Changes

    We received thirty-eight comments on the temporary deviation; 
thirty-one were in favor of the twenty minute schedule, and seven 
comments requested that the schedule be changed to an hour and half-
hour schedule. We also received three comments on the notice of 
proposed rulemaking, which were all in favor of the twenty minute 
schedule.
    We have carefully considered the comments and decided not to change 
the proposed rule. A thirty minute schedule is not practicable as 
vessels would experience a greater delay in traversing the waterway, 
especially due to other bridge operating schedules in the area.

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). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary, 
because the rule provides for regularly scheduled openings and only 
differs from the current operating schedule by several minutes per 
opening per hour.

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.

[[Page 10161]]

    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, because the regulation will only affect the bridge's current 
operation by several minutes per opening per hour and continue to 
provide for navigational needs.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 the 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. 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 analyzed this rule under Commandant Instruction M16475.1D, 
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 rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation. Under figure 2-1, paragraph (32)(e), 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 revise paragraph (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., the draws need open only on the hour, 20 minutes 
after the hour, and 40 minutes after the hour.
* * * * *

    Dated: February 23, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-4780 Filed 3-3-04; 8:45 am]
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