[Federal Register: November 8, 2006 (Volume 71, Number 216)]
[Rules and Regulations]
[Page 65412-65414]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no06-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-06-019]
RIN 1625-AA09
Drawbridge Operation Regulations; S.E. Third Avenue, Andrews
Avenue, Marshall/Seventh Avenue and Davie Boulevard/S.W. Twelfth Street
bridges, New River and New River South Fork, Miles 1.4, 2.3, 2.7, and
0.9 at Fort Lauderdale, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating regulation governing
the operation of the SE. Third Avenue, Andrews Avenue and Marshal
(Seventh Avenue) bridges across the New River, miles 1.4, 2.3, and 2.7
and the regulations governing the operation of the Davie Boulevard (SW.
Twelfth Street) bridge across the New River, South Fork, mile 0.9, Fort
Lauderdale, Broward County, Florida.
DATES: This rule is effective December 8, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket (CGD07-06-019) and are available for inspection or
copying at Commander (dpb), 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. Michael Lieberum, Seventh Coast
Guard District, Bridge Branch, telephone number 305-415-6744.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 22, 2006, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; SE. Third Avenue,
Andrews Avenue, Marshall/Seventh Avenue and Davie Boulevard/SW. Twelfth
Street bridges, New River and New River South Fork, Miles 1.4, 2.3,
2.7, and 0.9 at Fort Lauderdale, FL in the Federal Register (71 FR
35852). We received one comment in favor of the proposed rule.
Background and Purpose
The current regulations governing the operation of the S.E. Third
Avenue and Andrews Avenue bridges are published in 33 CFR 117.313. They
require the draw of the SE. Third Avenue bridge, mile 1.4 at Fort
Lauderdale, to 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 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 at any time. The draw of the Andrews Avenue
bridge, mile 2.3 at Fort Lauderdale, is required to open on signal;
however, the draw need not be opened for upbound 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. The current
regulation governing the operation of the Davie Boulevard (SW. Twelfth
Street) bridge is published in 33 CFR 117.315 and requires the bridge
to 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 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 through the draw as soon as possible.
The City of Fort Lauderdale requested that the Coast Guard change
the operating regulations for four bridges on the New River and New
River, South Fork, that we consider adding an additional half-hour to
the morning and afternoon curfew hours to the SE. Third Avenue and the
Davie Boulevard (SW. Twelfth Street) bridges, and that we change the
operating regulations of the Andrews Avenue and Marshal (Seventh
Avenue) bridges to include these curfew periods. The City of Fort
Lauderdale contended that changing these periods to allow, 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 not to be opened for the passage of vessels,
will help alleviate the existing vehicle traffic delays.
Discussion of Comments and Changes
The Coast Guard received one response to the Notice of Proposed
Rulemaking. This response consisted of a letter from Broward County
stating that they believe the change will be beneficial. No changes
have been made to this final rule.
Regulatory Evaluation
This 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
[[Page 65413]]
Budget has not reviewed it under that Order.
We expect the economic impact of this 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 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 rule will
not have a significant economic impact on a substantial number of small
entities, because the regulations provide for openings before and after
the curfew times.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This rule calls 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 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 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 rule will 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 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 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 rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
and Department of Homeland Security Management Directive 5100.1, 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 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.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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.
0
2. Revise Sec. 117.313 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
[[Page 65414]]
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 open. Public vessels of the United States, tugs with tows, and
vessels in distress shall be passed at any time.
(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 open. The draw need not open 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. Public vessels of the United States, tugs with tows, and vessels
in distress shall be passed at any time.
(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 open. Public vessels of the United States,
tugs with tows, and vessels in distress shall be passed at any time.
* * * * *
0
3. Revise Sec. 117.315(a) to read as follows:
Sec. 117.315 New River, South Fork.
(a) The draw of the Davie Boulevard (SW. 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 open. Public vessels of the
United States, tugs with tows, and vessels in distress shall be passed
at any time.
* * * * *
Dated: October 24, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. E6-18801 Filed 11-7-06; 8:45 am]
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