Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, Broward County, FL, 48088-48091 [05-16180]
Download as PDF
<![CDATA[
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]
=======================================================================
-----------------------------------------------------------------------
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
