[Federal Register: March 14, 2007 (Volume 72, Number 49)]
[Rules and Regulations]
[Page 11776-11777]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14mr07-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-06-237]
RIN 1625-AA09
Drawbridge Operation Regulations; Outer Clam Bay Boardwalk
Bridge, Mile 0.3, Near North Naples, Collier County, 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 Outer Clam Bay Boardwalk Drawbridge, mile 0.3,
near North Naples in Collier County, Florida. The rule will require the
drawbridge to open on signal, with at least 30 minutes advance notice.
This rule will allow the unrestricted movement of pedestrian traffic
while providing for the reasonable needs of navigation.
DATES: This rule is effective April 13, 2007.
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 (CGD07-06-237) 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. Barry Dragon, Seventh Coast Guard
District, Bridge Branch, telephone number 305-415-6743.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 17, 2006, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Outer Clam Bay
Boardwalk Bridge, Mile 0.3, Near North Naples, Collier County, FL in
the Federal Register (71 FR 66895). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
Background and Purpose
The current regulation of the Outer Clam Bay Boardwalk Drawbridge,
mile 0.3, near North Naples, at Collier County, published in 33 CFR
117.323 requires the drawspan to open on signal between 9 a.m. and 5
p.m., if at least one-hour advance notice is given. Between 5 p.m. and
9 a.m., the draw is left in the open position.
On October 19, 2006, the officials of Collier County requested that
the Coast Guard review the existing regulations governing the operation
of the Outer Clam Bay Boardwalk Drawbridge because they contended that
the regulation did not meet the needs of pedestrians utilizing the
boardwalk and drawspan.
County records indicated that the owner has had one request for an
opening since 1986 and the vessel did not show up for the requested
opening. Night time vessel traffic is negligible. The boardwalk
provides access to a recreational beachfront area 24 hours a day.
Leaving the drawspan in the open position prevents beachgoers from
accessing the recreational area between the hours of 5 p.m. and 9 a.m.
Discussion of Comments and Changes
The Coast Guard received no responses to the Notice of Proposed
Rulemaking. The rule will provide access to the recreational beachfront
area 24 hours a day while meeting the reasonable needs of navigation.
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 Budget has not
reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. This rule modifies the existing
bridge schedule to allow pedestrian and vehicle traffic unrestricted
access to the recreation area while providing for the reasonable needs
of navigation.
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.
This rule would affect the following entities, some of which may be
small entities: The owners or operators of vessels needing to transit
the Outer Clam Bay Boardwalk Drawbridge. The rule would not have a
significant economic impact on a substantial number of small entities
because the rule provides for openings to vessel traffic.
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
[[Page 11777]]
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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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. 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.
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); Sec. 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Revise Sec. 117.323 to read as follows:
Sec. 117.323 Outer Clam Bay
The drawspan of the Outer Clam Bay Boardwalk Drawbridge shall open
on signal if at least 30 minutes advance notice is given.
Dated: March 2, 2007.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. E7-4590 Filed 3-13-07; 8:45 am]
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