[Federal Register: June 22, 2006 (Volume 71, Number 120)]
[Proposed Rules]
[Page 35852-35854]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn06-31]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-06-019]
RIN 1625-AA09
Drawbridge Operation Regulations; New River and New River South
Fork Bridges, Ft. Lauderdale, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulations governing
the operation of the S.E. Third Avenue, S. Andrews Avenue and Marshal
(Seventh Avenue) Bridges across the New River at miles 1.4, 2.3, and
2.7 respectively, and the regulation governing the operation of the
Davie Boulevard (S.W. Twelfth Street) Bridge across the New River,
South Fork, mile 0.9, Fort Lauderdale, Broward County, Florida.
DATES: Comments and related material must reach the Coast Guard on or
before August 21, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpb), Seventh Coast Guard District, 909 S.E. 1st Ave, Suite 432,
Miami, FL 33131-3050. Commander (dpb) maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in the preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at the Bridge Branch, Seventh Coast Guard
District, between 8 a.m. and 4:30 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Project Manager,
Seventh Coast Guard District, Bridge Branch, 305-415-6744.
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 this rulemaking [CGD07-06-
019], 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
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 plan to hold a public meeting. But you may submit a
request for a meeting by writing to the 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
The City of Fort Lauderdale has requested that the Coast Guard
change the current operating regulations of four bridges on the New
River and New River South Fork by adding an additional half-hour to the
morning and afternoon no-draw hours to the S.E. Third Avenue Bridge,
the Davie Boulevard (S.W. Twelfth Street) Bridge, and the operating
regulations of the S. Andrews Avenue and Marshal (Seventh Avenue)
Bridges to include these same non-draw periods. Currently, the S.E.
Third Avenue Bride and the Davie Boulevard Bridge open on signal,
except that from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m.
Monday through Friday, the draws need not be opened for the passage of
vessels; and the Andrews Avenue and Marshal Bridges open on signal,
however the Andrews Avenue draw need not be opened for upbound vessels
when the draw of the Florida East Coast Railroad Bridge is in the
closed position.
The proposed regulations for these bridges, which state that the
draws need not be opened for the passage of vessels from 7:30 a.m.
through 9 a.m. and from 4:30 p.m. through 6 p.m., Monday through
Friday, except Federal holidays, will help alleviate the existing
vehicle traffic delays.
Discussion of Proposed Rule
The Coast Guard proposes to change the operating regulations of the
S.E. Third Avenue Bridge, mile 1.4, the S. Andrews Avenue Bridge, mile
2.3, the Marshal (Seventh Avenue) Bridge, mile 2.7, and the Davie
Boulevard (S.W. Twelfth Street) Bridge, mile 0.9, across the New River
and South Fork of the New River. The draw shall open on signal, except
that, from 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m., Monday through
Friday, the draw need not be opened for the passage of vessels. Public
vessels of the United States, regularly scheduled cruise vessels, tugs
with tows, and vessels in distress shall be passed as necessary.
The proposed rule change would impact automobile traffic crossing
the New River and New River, South Fork Bridges, as well as boat
operators traversing the New River and New River, South Fork. Broward
County commuters would gain one additional half hour each morning and
evening during rush-hour in which to cross the Bridges without
interruption due to vessel traffic. Vessel operators on the river would
only have an additional half-hour each morning and evening in which
they would have to wait for the draw to open.
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 (DHS).
[[Page 35853]]
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the policies and
procedures of DHS is unnecessary, because the rule will allow for
bridge openings before and after the curfew times.
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, because the regulations provide for opening
before and after the curfew times.
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 (Public Law 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 compliance, please contact the person listed in FOR FURTHER
INFORMATION CONTACT. The Coast Guard will not retaliate against small
entities that have questions 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 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 would 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. Under figure 2-1, paragraph (32)(e), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
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:
[[Page 35854]]
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); Sec. 117.255 also issued
under authority of Pub. L. 102-587, 106 Stat. 5039.
2. In Sec. 117.313 revise paragraphs (a) and (b) and add paragraph
(c) to read as follows:
Sec. 117.313 New River.
(a) The draw of the S.E. Third Avenue Bridge, mile 1.4 at Fort
Lauderdale shall open on signal; except that, from 7:30 a.m. to 9 a.m.
and 4:30 p.m. to 6 p.m. Monday through Friday, except Federal holidays,
the draw need not be opened for the passage of vessels. Public vessels
of the United States, regularly scheduled cruise vessels, tugs with
tows, and vessels in distress shall be passed as necessary.
(b) The draw of the Andrews Avenue Bridge, mile 2.3 at Fort
Lauderdale, shall open on signal; except that, from 7:30 a.m. to 9 a.m.
and 4:30 p.m. to 6 p.m. Monday through Friday, except Federal holidays,
the draw need not be opened for the passage of vessels. The draw need
not be opened for inbound vessels when the draw of the Florida East
Coast railroad bridge, mile 2.5 at Fort Lauderdale is in the closed
position for the passage of a train.
(c) The draw of the Marshal (Seventh Avenue) bridge, mile 2.7 at
Fort Lauderdale shall open on signal; except that, from 7:30 a.m. to 9
a.m. and 4:30 p.m. to 6 p.m. Monday through Friday, except Federal
holidays, the draw need not be opened for the passage of vessels.
Public vessels of the United States, regularly scheduled cruise
vessels, tugs with tows, and vessels in distress shall be passed as
necessary
3. In Sec. 117.315 revise paragraph (a) to read as follows:
Sec. 117.315 New River, South Fork.
(a) The draw of the Davie Boulevard (S.W. Twelfth Street) bridge,
mile 0.9 at Fort Lauderdale shall open on signal; except that, from
7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m. Monday through Friday,
except Federal holidays, the draw need not be opened for the passage of
vessels. Public vessels of the United States, regularly scheduled
cruise vessels, tugs with tows, and vessels in distress shall be passed
as necessary.
* * * * *
Dated: June 12, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 06-5576 Filed 6-21-06; 8:45 am]
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