[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Proposed Rules]
[Pages 9300-9302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1669]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-05-162]
RIN 1625-AA09


Drawbridge Operation Regulations; N.E. 14th Street, Atlantic 
Intracoastal Waterway Mile 1055.0 at Pompano, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily amend the regulations 
governing the operation of the N.E. 14th Street Bridge across the 
Atlantic Intracoastal Waterway, mile 1055.0, Pompano, Broward County, 
Florida. This proposed temporary rule provides for solely single-leaf 
bridge operations between May and June 2006. From July through 
September 2006, we propose this bridge operate on a single-leaf 
schedule unless four hour notice is provided for double-leaf openings.

DATES: Comments and related material must reach the Coast Guard on or 
before March 27, 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, 305-415-6743.

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-
162], 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 temporary 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, 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

    PCL Civil Constructors, Inc. on behalf of the Florida Department of 
Transportation has requested the Coast Guard temporarily change the 
existing regulations governing the operation of the N.E. 14th Street 
Bridge across the Atlantic Intracoastal Waterway by allowing single-
leaf operation during bridge rehabilitation. The N.E. 14th Street 
Bridge is located on the Atlantic Intracoastal Waterway, mile 1055.0, 
Pompano, Florida. The current regulation governing the operation of the 
N.E. 14th Street Bridge is published in 33 CFR 117.261(cc) and requires 
the bridge to open on signal except that, from 7 a.m. to 6 p.m., the 
draw need open only on the quarter-hour and three-quarter hour.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily change the operating 
regulations of the N.E. 14th Street Bridge from May 1, 2006 to 
September 30, 2006 so that the bridge will operate a single-leaf twice 
an hour from May 1, 2006 through July 1, 2006. From July 1, 2006 
through September 30, 2006, the bridge will operate a single-leaf twice 
an hour unless four hour notice is given for double-leaf openings.

Regulatory Evaluation

    This proposed temporary 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).
    We expect the economic impact of this proposed temporary 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 during the repairs to this bridge and all closure times 
will be published with adequate time for mariners to plan accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed temporary 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 
temporary rule would not have a significant economic impact on a

[[Page 9301]]

substantial number of small entities, because the regulations provide 
for restricted bridge openings and will provide for the reasonable 
needs of navigation.
    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 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed temporary 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 temporary 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 
temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary 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 temporary rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this proposed temporary 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 temporary 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:

    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 authority of Pub. L. 102-587, 106 Stat. 5039.

    2. From 7 a.m. on May 1, 2006, through 6 p.m. on September 30, 
2006, suspend paragraph 117.261(cc) and add paragraph (uu) to read as 
follows:


Sec.  117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (uu) N.E. 14th Street bridge, mile 1055.0 at Pompano. The draw 
shall open a single-leaf on the quarter-hour and three-quarter hour 
from May 1, 2006 through July 1, 2006. From July 1, 2006 through 
September 30, 2006 the draw shall open double leaf upon four hours 
advance notification to the bridge

[[Page 9302]]

tender on VHF channel 16 or the bridge rehabilitation contractor at 
772-201-3745. Otherwise, the draw shall open a single leaf on the 
quarter-hour and three-quarter hour.

    Dated: January 9, 2006.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 06-1669 Filed 2-22-06; 8:45 am]
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