[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Proposed Rules]
[Pages 41648-41650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14247]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-05-063]
RIN 1625-AA09


Drawbridge Operation Regulations; Boot Key Harbor, Marathon, 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 Boot Key Harbor bridge, mile 0.13, between 
Marathon and Boot Key, Monroe County, Florida. Due to the amount of 
vehicle traffic and the lack of openings during the proposed time 
period, this proposed action would improve the movement of vehicular 
traffic while not unreasonably interfering with the movement of vessel 
traffic. This proposed rule would allow the bridge to open on the hour 
between the hours of 7 a.m. to 7 p.m. At all other times, the bridge 
will open on demand following a 10-minute notification to the bridge 
tender. The draw shall open as soon as practicable for the passage of 
tugs with tows, public vessels of the United States and vessels in a 
situation where a delay would endanger life or property.

DATES: Comments and related material must reach the Coast Guard on or 
before August 19, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 432, 
Miami, FL, 33131-3050, who maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, between 7:30 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Project Officer, 
Seventh Coast Guard District, Bridge Branch, at (305) 415-6747.

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 CGD07-05-
063, 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 now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Bridge Branch 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.

[[Page 41649]]

Background and Purpose

    The operation of the Boot Key Harbor bridge, mile 0.13, at 
Marathon, is governed by 33 CFR 117.272, which requires the draw to 
open on signal; except that during the evening hours from 10 p.m. to 6 
a.m., the draw shall open on signal if at least 2 hours notice is 
given. The City of Marathon requested that the Coast Guard temporarily 
change the operating schedule to ensure worker safety, as the bridge 
requires prompt corrective repairs and renovation. Our analysis of the 
bridge logs showed an average of only 12.2 openings per week over a 
one-year period during the hours of 7 a.m. through 7 p.m. In light of 
this information, the bridge owner amended his initial request and 
asked the Coast Guard to permanently change the regulation governing 
the Boot Key Harbor drawbridge due to the low number of openings during 
the one-year time period mentioned above.

Discussion of Proposed Rule

    The Coast Guard proposes to modify the existing bridge operation 
regulation and create a permanent regulation that would allow the draw 
of the Boot Key Harbor Bridge to open on the hour from 7 a.m. to 7 p.m. 
At all other times, the bridge will remain closed to navigation unless 
a 10-minute advance notification is provided to the bridge tender. The 
draw shall open as soon as practicable for tugs with tows, public 
vessels of the United States and vessels in a situation where a delay 
would endanger life or property.

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.
    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 proposed rule would modify 
the existing bridge schedule to allow for efficient vehicle traffic 
flow and still meet 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 proposed rule would affect the following entities, some 
of which may be small entities: The owners or operators of vessels 
needing to transit the vicinity of Boot Key Harbor. This regulation 
would not have a significant economic impact on a substantial number of 
small entities because the movement of vehicular traffic will be 
significantly improved while at the same time the impact to vessel 
traffic is for short and reasonable durations. Moreover, Public vessels 
of the United States, tugs with tows, and vessels in distress would be 
allowed to pass at anytime.
    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 under FOR 
FURTHER INFORMATION CONTACT. 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 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 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 proposed rule will not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect 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

[[Page 41650]]

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 rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination 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, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (32)(e), of the 
Instruction, from further environmental documentation. This rule fits 
within paragraph (32)(e) because it pertains to operation regulations 
for bridges. Under figure 2-1, paragraph (32)(e), of the Instruction, 
an ``Environmental Analysis Check List'' is not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    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:

    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.

    2. Revise Sec.  117.272 to read as follows:


Sec.  117.272  Boot Key Harbor.

    The draw of the Boot Key Harbor drawbridge, mile 0.13, between 
Marathon and Boot Key, shall open on the hour from 7 a.m. to 7 p.m. At 
all other times, the bridge will open following a 10-minute 
notification to the bridge tender. The draw shall open on demand and as 
soon as practicable for the passage of tugs with tows, public vessels 
of the United States and vessels whereby a delay would endanger life or 
property.

    Dated: July 12, 2005.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 05-14247 Filed 7-19-05; 8:45 am]
BILLING CODE 4910-15-P