[Federal Register Volume 71, Number 57 (Friday, March 24, 2006)]
[Rules and Regulations]
[Pages 14804-14806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2874]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-05-063]
RIN 1625-AA09


Drawbridge Operation Regulation; Boot Key Harbor, Marathon, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing 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 
action will improve the movement of vehicular traffic while not 
unreasonably interfering with the movement of vessel traffic. This rule 
will allow the bridge to open as necessary 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 one-hour 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: This rule is effective April 24, 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 CGD07-05-063 and are available for inspection or 
copying at Commander (dpb), Seventh Coast Guard District, 909 SE 1st 
Avenue, Suite 432, Miami, Florida 33131-3050 between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Bridge Branch 
(dpb), Seventh Coast Guard District, maintains the public docket for 
this rulemaking.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On July 20, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Marathon, FL, in the 
Federal Register (70 FR 41648). We received 4 letters commenting on the 
proposed rule. No public meeting was requested, and none was held.

[[Page 14805]]

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 two 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 
required prompt corrective repairs and renovation. An 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 the initial request, asking 
the Coast Guard to permanently change the regulation governing the Boot 
Key Harbor Bridge.

Discussion of Comments and Changes

    We received 4 comments on the NPRM: One commented that the proposed 
undertaking will have no effect on historic properties. Another comment 
was from the City of Marathon asking that the 10-minute response time 
proposed in the NPRM be kept at the current one-hour period for on 
demand requests to open the bridge. Two comments were against the 
proposed change due to a potential situation which may cause serious 
unsafe conditions.
    This regulation takes into consideration a potential situation 
which may cause unsafe conditions by stating that the draw shall open 
as soon as practicable for vessels in a situation where a delay would 
endanger life or property. Additionally, the City of Marathon's 
comments have been incorporated into this final rule. Instead of a 10-
minute response time to open the bridge, the bridge will maintain its 
current one-hour response time for on demand requests to open the 
bridge outside the hours of 7 a.m. to 7 p.m.

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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS). Vessel traffic will be able to transit through the open 
bridge with the exception of the short closure periods.

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.

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. The 
Coast Guard offered in the NPRM to assist small businesses, 
organizations, or governmental jurisdictions by providing a contact 
person listed in the FOR FURTHER INFORMATION CONTACT section for 
additional information.
    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.

[[Page 14806]]

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, 
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.

Regulations

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.  117.272 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, will open as necessary on the hour between the 
hours of 7 a.m. to 7 p.m. At all other times, the bridge will open 
following a one hour notification to the bridge tender by calling the 
posted cell phone number. 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: March 9, 2006.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 06-2874 Filed 3-23-06; 8:45 am]
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