Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, Broward County, FL, 48088-48091 [05-16180]

Download as PDF 48088 Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Proposed Rules (h) If any cracking is found during any inspection required by paragraph (f) of this AD: Prior to further flight, perform applicable corrective actions (including reaming, drilling, drill-stopping holes, chamfering, performing follow-on inspections, and installing new or oversize fasteners) in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300– 57–6049, Revision 06, dated July 15, 2004, except as required by paragraph (n) of this AD. Inspections for Attachment Holes in the Horizontal Flange of the Internal Corner Angle Fitting of Fuselage Frame FR47, and Corrective Action (i) Perform a rotating probe inspection to detect cracking of the applicable attachment holes in the horizontal flange of the internal corner angle fitting of fuselage frame FR47, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300– 57–6086, Revision 01, dated April 2, 2002. Do the inspection at the applicable time specified in paragraph 1.E., Compliance, of Airbus Service Bulletin A300–57–6086, Revision 01, dated April 2, 2002, except as provided by paragraph (m) of this AD; or within 1,500 flight cycles after July 8, 2002 (the effective date of AD 2002–11–04, amendment 39–12765); whichever occurs later. Repeat the rotating probe inspection specified in this paragraph thereafter at intervals not to exceed the applicable interval specified in Airbus Service Bulletin A300– 57–6086, dated June 6, 2000, except that all touch-and-go landings must be counted in determining the total number of flight cycles between consecutive inspections. (j) If no cracking is found during any inspection required by paragraph (i) of this AD: Prior to further flight, install new fasteners in accordance with the service bulletin. (k) If any cracking is found during any inspection required by paragraph (i) of this AD: Prior to further flight, perform applicable corrective actions (including inspecting hole T, reaming the holes, and installing oversize fasteners) in accordance with the service bulletin, except as required by paragraph (n) of this AD. Modification of Angle Fittings of the Wing Center Box (l) Modify the left and right internal angle fittings of the wing center box. The modification includes performing a rotating probe inspection to detect cracking, repairing cracks, cold expanding holes, and installing medium interference fitting bolts. Perform the modification in accordance with Revision 03, dated May 31, 2001; and at the applicable time specified by paragraph 1.B.(4), Accomplishment Timescale, of Airbus Service Bulletin A300–57–6050, Revision 03, dated May 31, 2001; except as required by paragraphs (m) and (n) of this AD. period following the effective date of this AD, if the threshold has been exceeded. (n) If any crack is detected during any inspection required by this AD, and the applicable service bulletin specifies to contact the manufacturer for disposition of certain corrective actions: Prior to further flight, repair in accordance with a method approved by either the Manager, International Branch, ANM–116, FAA, Transport Airplane Directorate, or the ´ ´ Direction Generale de l’Aviation Civile (DGAC) (or its delegated agent). DEPARTMENT OF HOMELAND SECURITY Actions Accomplished According to Previous Issue of Service Bulletins AGENCY: (o) Actions accomplished prior to the effective date of this AD in accordance with Airbus Service Bulletin A300–57–6086, dated June 6, 2000, are acceptable for compliance with the requirements of paragraph (i) of this AD. (p) Modifications accomplished prior to the effective date of this AD in accordance with Airbus Service Bulletin A300–57–6050, Revision 02, dated February 10, 2000; are acceptable for compliance with the requirements of paragraph (l) of this AD. No Reporting Requirement (q) Although Airbus Service Bulletin A300–57–6049, Revision 06, dated July 15, 2004; and Airbus Service Bulletin A300–57– 6086, Revision 01, dated April 2, 2002; specify to submit certain information to the manufacturer, this AD does not include that requirement. Alternative Methods of Compliance (AMOCs) (r)(1) The Manager, International Branch, ANM–116, FAA, Transport Airplane Directorate, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) AMOCs approved previously according to AD 2002–11–04, amendment 39–12765, are not approved as AMOCs with this AD. Related Information (s) French airworthiness directive F–2004– 159, dated September 29, 2004, also addresses the subject of this AD. Issued in Renton, Washington, on August 8, 2005. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–16178 Filed 8–15–05; 8:45 am] BILLING CODE 4910–13–P Exceptions to Specifications in Service Bulletins (m) Where the service bulletins specified in paragraphs (f), (i), and (l) of this AD specify a grace period relative to receipt of the service bulletin, this AD requires compliance within the applicable grace VerDate jul<14>2003 10:09 Aug 15, 2005 Jkt 205001 PO 00000 Coast Guard 33 CFR Part 117 [CGD07–04–136] RIN 1625–AA09 Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, Broward County, FL ACTION: Coast Guard, DHS. Notice of proposed rulemaking. SUMMARY: The Coast Guard proposes 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. DATES: Comments and related material must reach the Coast Guard on or before October 1, 2005. ADDRESSES: You may mail comments and related material to Commander (obr), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432, Miami, Florida 33131–3050. Commander (obr) 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 (obr), 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 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Proposed Rules 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 81⁄2 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. 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, Nov. 16, 2004). 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 VerDate jul<14>2003 10:09 Aug 15, 2005 Jkt 205001 48089 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. Regulatory Evaluation 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 117.5 and 33 CFR 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 threequarter 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 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. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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 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 the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for E:\FR\FM\16AUP1.SGM 16AUP1 48090 Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Proposed Rules 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 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. VerDate jul<14>2003 10:09 Aug 15, 2005 Jkt 205001 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. the Instruction, from further environmental documentation. 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. 1. The authority citation for part 117 continues to read as follows: 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 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 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 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 § 117.261, revise paragraph (bb) and remove and reserve paragraphs (cc), (dd), (ee), (ff), (gg), (hh), (jj), and (kk). § 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 halfhour. (4) Commercial Boulevard (SR 870) bridge, mile 1059.0, at Lauderdale-bythe-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. E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 70, No. 157 / Tuesday, August 16, 2005 / Proposed Rules The draw shall open on the quarter-hour and three-quarter hour. Dated: August 2, 2005. D.B. Peterman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 05–16180 Filed 8–15–05; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD07–05–097] RIN 1625–AA09 Coast Guard, DHS. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: The Coast Guard proposes to change the operating regulations governing the Cortez (SR 684) bridge and the Anna Maria (SR 64) bridge across the Gulf Intracoastal Waterway, mile 89.2 in Anna Maria, Manatee County, Florida. This proposed rule would require the drawbridges to open on a 30-minute schedule if vessels are present. However, the drawbridges are not required to open during the morning and afternoon rush hours. This proposed action may improve the movement of vehicular traffic while not unreasonably interfering with the movement of vessel traffic. DATES: Comments and related material must reach the Coast Guard on or before October 17, 2005. ADDRESSES: You may mail comments and related material to Commander (obr), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432, Miami, FL, 33131, who 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 and are available for inspection or copying at the Seventh Coast Guard District Bridge Branch, between 7:30 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: VerDate jul<14>2003 10:09 Aug 15, 2005 Jkt 205001 Request for Comments Regulatory Evaluation 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 (CGD07–05–097), 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 81⁄2 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. 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 (DHS). 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. This proposed rule would revise the existing bridge schedule to allow for improved vehicle traffic flow, while still providing ample scheduled openings for vessel traffic. Public Meeting Drawbridge Operation Regulations; Gulf Intracoastal Waterway, Anna Maria, FL 48091 We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to the Seventh Coast Guard District Bridge Branch 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 The existing regulations of the Cortez (SR 684) bridge, mile 87.4, and Anna Maria (SR 64) bridge, mile 89.2 at Anna Maria, published in 33 CFR 117.287(d)(1) and (2) require the draw to open on signal, except that from 7 a.m. to 6 p.m., the draw need open only on the hour, twenty minutes past the hour and forty minutes past the hour if vessels are present. On June 1, 2005, the City officials of Holmes Beach in cooperation with the cities of Anna Maria and Bradenton Beach and the Town of Longboat Key requested that the Coast Guard review the existing regulations governing the operation of the Cortez and Anna Maria bridges, because they think the current drawbridge regulations are not meeting the needs of vehicle traffic. Discussion of Proposed Rule This proposed rule would require the Cortez (SR 684) and Anna Maria (SR 64) bridges, miles 87.4 and 89.2, at Anna Maria to open on the hour and half-hour if vessels are present, except that the draws need not open from 7:35 a.m. to 8:29 a.m. and from 4:35 p.m. to 5:29 p.m. The objective of this revision is to improve vehicle traffic flow on SR 684 and SR 64, especially during peak periods of increased road congestion. PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 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 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. 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 Cortez and Anna Maria bridges, persons intending to drive over the bridge, and nearby business owners. The revision to the openings schedule would not have a significant impact on a substantial number of small entities for the following reasons. Vehicle traffic and small business owners in the area might benefit from the improved traffic flow that regularly scheduled openings will offer this area. Although bridge openings will be less frequent, vessel traffic will still be able to transit the Intracoastal Waterway in the vicinity of the Cortez and Anna Maria bridges pursuant to the revised openings schedule. 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, E:\FR\FM\16AUP1.SGM 16AUP1

Agencies

[Federal Register Volume 70, Number 157 (Tuesday, August 16, 2005)]
[Proposed Rules]
[Pages 48088-48091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16180]


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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: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes 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.

DATES: Comments and related material must reach the Coast Guard on or 
before October 1, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432, 
Miami, Florida 33131-3050. Commander (obr) 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 (obr), 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

[[Page 48089]]

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.

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, Nov. 16, 2004). 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 117.5 and 33 CFR 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 (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 the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for

[[Page 48090]]

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 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, revise paragraph (bb) and remove and reserve 
paragraphs (cc), (dd), (ee), (ff), (gg), (hh), (jj), and (kk).


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.

[[Page 48091]]

The draw shall open on the quarter-hour and three-quarter hour.

    Dated: August 2, 2005.
D.B. Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 05-16180 Filed 8-15-05; 8:45 am]
BILLING CODE 4910-15-P