[Federal Register: March 4, 2004 (Volume 69, Number 43)]
[Rules and Regulations]
[Page 10160-10161]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr04-7]
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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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