[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Proposed Rules]
[Pages 5030-5032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1150]


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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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