Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, FL

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]

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