[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Rules and Regulations]
[Pages 67947-67948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32847]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD07-96-064]
RIN 2115-AE 47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Florida
AGENCY: Coast Guard, DOT.
ACTION: Interim rule with request for comments.
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SUMMARY: The Coast Guard is changing the regulations governing the
operation of the J.D. Butler (Hillsboro Boulevard/SR 810) drawbridge,
mile 1050.0 at Deerfield Beach, by limiting the number of openings
during certain periods. This change is being made because of complaints
of delays to vehicular traffic during the heavy tourist season period.
This action is necessary to accommodate the needs of vehicular traffic
flow and provide for the reasonable needs of navigation.
DATES: This rule is effective December 26, 1996. Comments must be
received on or before February 24, 1997.
ADDRESSES: Comments may be mailed to the Commander(oan), Seventh Coast
Guard District, Bridge Section, Brickell Plaza Federal Building, 909
S.e. First Avenue, Miami, Florida 33131-3050, or may be delivered to
room 406 at the same address between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. The telephone number is (305)
536-5117.
FOR FURTHER INFORMATION CONTACT:
Mr. Brodie Rich, Project Manager, Seventh Coast Guard District, Bridge
Section at (305) 536-5117.
SUPPLEMENTARY INFORMATION: This rule is being published as an interim
rule and is being made effective on the date of publication. This rule
is being promulgated without an NPRM because this proposed regulation
change is needed immediately due to the large increase in seasonal
highway traffic on Hillsboro Boulevard and the greater number of bridge
openings being caused by increased vessel traffic along this reach of
the Atlantic Intracoastal Waterway. This interim rule was tested with
request for comments (61 FR 1524, January 22, 1996) from December 1,
1995 through February 28, 1996. The change in opening schedules helped
to relieve seasonal traffic congestion without unreasonably impacting
navigation. The Coast Guard did not receive any objections to the
temporary deviation during the test period. The interim rule has not
changed from the previously tested temporary deviation.
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD07-96-064) and the specific section of
this rule to which each comment applies, and give the reason for each
comment. Please submit two copies of all comments and attachments in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for coping
and electronic filing. Persons wanting acknowledgement of receipt of
comments should enclose stamped, self-addressed postcards or envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this rule or the assessment in view of
the comments received.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the District Commander at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it determines that the opportunity for oral
presentation will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
The Coast Guard is changing the regulations governing the operation
of the J.D. Butler (Hillsboro Boulevard/SR 810) drawbridge, mile 1050.0
at Deerfield Beach, by limiting the number of openings during certain
periods. This change is being made because of complaints of delays to
vehicular traffic during the heavy tourist season period. This change
is being made because of complaints of delays to vehicular traffic
during the heavy tourist season period. This four lane roadway which
intersects with highway A-1-A, a two-lane roadway immediately east of
the drawbridge, becomes extremely congested as vehicles enter and leave
the popular beach area. The weekend bridge openings exacerbate this
congestion especially during peak periods. This action is necessary to
accommodate the needs of vehicular traffic flow and provide for the
reasonable needs of the vessel navigation.
On January 30, 1996, the Coast Guard issued Public Notice 8-96
soliciting comments on the test of this regulation from December 1,
1995 through February 28, 1996. No objections were received. This
interim rule is unchanged from the temporary deviation with comments
published on January 22, 1996.
The interim rule reduces the number of draw openings by changing
the existing 20 minute schedule to hour and half-hour openings from 7
a.m. to 6 p.m. on Friday through Sunday and federal holidays. From
Monday through Thursday, from 7 a.m. to 6 p.m., the draw will continue
to open on the hour, 20 minutes after the hour, and 40 minutes after
the hour.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of executive order 12866 and does not require an assessment of
potential costs and benefits under section 6(a) (3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary. We
conclude this because of the infrequent operation of the draw, and
public vessels of the United States, tugs with tows, and vessels in a
situation where a delay would endanger life or property will continue
to be passed through the draw at any time.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their field and governmental jurisdictions with populations
of less than 50,000. This rule does not require a general notice of
proposed rulemaking and, therefore, is exempt from the requirements of
the Act. Although this rule is exempt, the Coast Guard has reviewed it
for potential impacts on small entities.
[[Page 67948]]
The economic impact will not affect a substantial number of small
entities since tugs with tows are exempt and local excursion vessels
will be able to plan their passage during the scheduled opening
periods.
Therefore, the Coast Guard's position is that this rule will not
have a significant economic impact on a substantial number of small
entities. If, however, you think that your business or organization
qualifies as a small entity and that this rule will have a significant
economic impact on your business or organization, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and in
what way and to what degree this rule will economically affect it.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.)
Federalism
The Coast Guard has analyzed the rule that under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under section 2.B.2.e.(32) of Commandant Instruction
M16475.1B, promulgation of operating requirements or procedures for
drawbridges is categorically excluded from further environmental
documentation. A ``Categorical Exclusion Determination'' is available
in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Final Regulations
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 117 as follows:
PART 117--[AMENDED]
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.261 is amended by revising paragraph (bb) to read as
follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Mary's River to
Key Largo, FL.
* * * * *
(bb) Hillsboro Boulevard (SR 810) bridge, mile 1050.0 at Deerfield
Beach. The draw shall open on signal; except that, from October 1
through May 31, from 7 a.m. to 6 p.m., on Monday through Thursday, the
draw need open only on the hour, 20 minutes after the hour, and 40
minutes after the hour; and from 7 a.m. to 6 p.m., on Friday through
Sunday and federal holidays, the draw need open only on the hour and
half-hour.
* * * * *
Dated: December 9, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 96-32847 Filed 12-24-96; 8:45 am]
BILLING CODE 4910-14-M
