[Federal Register Volume 59, Number 108 (Tuesday, June 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13799]
[[Page Unknown]]
[Federal Register: June 7, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD07-94-051]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
FL
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rule making.
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SUMMARY: The Coast Guard proposes to change regulations governing the
operation of the Hillsboro Boulevard (SR 810) drawbridge, mile 1050.0
at Deerfield Beach, Florida, by permitting the draw to remain closed
for a longer period of time during the winter season. This proposal is
being made to relieve highway congestion created by bridge openings
while still meeting the reasonable needs of navigation.
DATES: Comments must be received on or before August 8, 1994.
ADDRESSES: Comments may be mailed to Commander (oan), Seventh Coast
Guard District, 909 SE. 1st Avenue, Miami, Florida 33131-3050, or may
be delivered to Room 406 at the above address between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays. For information
concerning comments, the telephone number is 305-536-4103.
The Commander, Seventh Coast Guard District maintains the public
docket for this rule making. Comments will become part of this docket
and will be available for inspection or copying at the above address.
FOR FURTHER INFORMATION CONTACT:
Brodie Rich, Project Manager at (305) 536-4103.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rule making by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rule making (CGD07-94-051) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. The Coast Guard requests that all comments and
attachments be submitted in an unbound format suitable for copying. If
not practical, a second copy of any bound material is requested.
Persons wanting acknowledgment of receipt of comments should enclose a
stamped, self-addressed postcard or envelope. Comments regarding the
potential impact of this proposal on the safety of navigation are
particularly solicited.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to Mr. Brodie Rich at the address under
ADDRESSES. The request should include reasons why a hearing would be
beneficial. If it determines that the opportunity for oral
presentations will aid this rule making, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal persons involved in drafting this document are Brodie
Rich, Project Manager, and LT. J. M. Losego, Project Counsel.
Background and Purpose
This drawbridge presently opens on signal, except that from October
1 through May 31, from 7 a.m. to 6 p.m., the draw opens only on the
hour, quarter-hour, half-hour and three-quarter hour. Mayor Sussman
requested that the Coast Guard change the operating regulations to
provide for hour and half-hour drawbridge openings. The bridge owner
(Florida Department of Transportation) recommended a change to a 20-
minute opening schedule during the season to reduce traffic delays.
A Coast Guard analysis of highway traffic and bridge opening data
provided by the bridge owner and four on-site investigations of the
waterway holding conditions and local traffic patterns which were
concluded on May 5, 1994, established that the highway traffic levels
for this four-laned roadway and the frequency of bridge openings did
not justify the proposed hour/half-hour opening schedule. However, in
order to reduce drawbridge openings and periodic traffic congestion
during the tourist season, a 20-minute opening schedule appears to be
warranted.
Discussion of Proposed Amendments
The proposed rule would allow for a 20-minute opening schedule to
cover the period from 7 a.m. to 6 p.m. daily during the season (October
1st through May 31st).
This schedule would reduce the number of bridge openings and help
to reduce highway traffic delays. The Coast Guard has a continuing
concern for the safety of navigation while vessels are waiting for a
bridge opening. As noted in the ``Coast Pilot'', the Hillsboro Drainage
Canal immediately north of the bridge creates strong cross currents in
the Intracoastal Waterway channel during certain tidal conditions.
These currents could cause a vessel to strike the northeast fender
system if a mariner is unaware of the local currents or if the vessel
is underpowered and had to come about in the stream. Mariners are
encouraged to comment on this navigational safety issue.
Regulatory Evaluation
This proposal 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 been exempted from review 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT (44 FR
11040; February 26, 1979) is unnecessary. We conclude this because the
rule exempts tugs with tows.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632).
Since tugs with tows are exempt from this proposal, the economic
impact is expected to be so minimal, the Coast Guard certifies under 5
U.S.C. 605(b) that this proposal, if adopted, will not have a
significant impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612, and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.b.2.g(5) 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.
For the reasons set out 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; 49 CFR 1.46; 33 CFR 1.05-1(g).
2. Section 117.261 is amended by revising paragraph (bb) to read as
follows:
Sec. 117.261 Atlantic Intracoastal Waterway.
* * * * *
(bb) The draw of the Hillsboro Boulevard drawbridge (SR 810), mile
1050.0, at Deerfield Beach shall open on signal; except that from
October 1 to May 31, from 7 a.m. to 6 p.m., the draw need open only on
the hour, 20 minutes after the hour, and 40 minutes after the hour.
* * * * *
Dated: May 18, 1994.
W.P. Leahy,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 94-13799 Filed 6-6-94; 8:45 am]
BILLING CODE 4910-14-M
