[Federal Register Volume 71, Number 120 (Thursday, June 22, 2006)]
[Proposed Rules]
[Pages 35852-35854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5576]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-06-019]
RIN 1625-AA09


Drawbridge Operation Regulations; New River and New River South 
Fork Bridges, Ft. Lauderdale, 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 S.E. Third Avenue, S. Andrews Avenue and Marshal 
(Seventh Avenue) Bridges across the New River at miles 1.4, 2.3, and 
2.7 respectively, and the regulation governing the operation of the 
Davie Boulevard (S.W. Twelfth Street) Bridge across the New River, 
South Fork, mile 0.9, Fort Lauderdale, Broward County, Florida.

DATES: Comments and related material must reach the Coast Guard on or 
before August 21, 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, 305-415-6744.

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 [CGD07-06-
019], 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 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

    The City of Fort Lauderdale has requested that the Coast Guard 
change the current operating regulations of four bridges on the New 
River and New River South Fork by adding an additional half-hour to the 
morning and afternoon no-draw hours to the S.E. Third Avenue Bridge, 
the Davie Boulevard (S.W. Twelfth Street) Bridge, and the operating 
regulations of the S. Andrews Avenue and Marshal (Seventh Avenue) 
Bridges to include these same non-draw periods. Currently, the S.E. 
Third Avenue Bride and the Davie Boulevard Bridge 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 draws need not be opened for the passage of 
vessels; and the Andrews Avenue and Marshal Bridges open on signal, 
however the Andrews Avenue draw need not be opened for upbound vessels 
when the draw of the Florida East Coast Railroad Bridge is in the 
closed position.
    The proposed regulations for these bridges, which state that the 
draws need not be opened for the passage of vessels from 7:30 a.m. 
through 9 a.m. and from 4:30 p.m. through 6 p.m., Monday through 
Friday, except Federal holidays, will help alleviate the existing 
vehicle traffic delays.

Discussion of Proposed Rule

    The Coast Guard proposes to change the operating regulations of the 
S.E. Third Avenue Bridge, mile 1.4, the S. Andrews Avenue Bridge, mile 
2.3, the Marshal (Seventh Avenue) Bridge, mile 2.7, and the Davie 
Boulevard (S.W. Twelfth Street) Bridge, mile 0.9, across the New River 
and South Fork of the New River. The draw 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, 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 as necessary.
    The proposed rule change would impact automobile traffic crossing 
the New River and New River, South Fork Bridges, as well as boat 
operators traversing the New River and New River, South Fork. Broward 
County commuters would gain one additional half hour each morning and 
evening during rush-hour in which to cross the Bridges without 
interruption due to vessel traffic. Vessel operators on the river would 
only have an additional half-hour each morning and evening in which 
they would have to wait for the draw to open.

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 (DHS).

[[Page 35853]]

    We expect the economic impact of this proposed 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 proposed 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 
rule would not have a significant economic impact on a substantial 
number of small entities, because the regulations provide for opening 
before and after the curfew times.
    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 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 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 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 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 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 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 
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 proposed 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 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:


[[Page 35854]]


    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 authority of Pub. L. 102-587, 106 Stat. 5039.
    2. In Sec.  117.313 revise paragraphs (a) and (b) and add paragraph 
(c) 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 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 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 as necessary.
    (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 be opened for the passage of vessels. The draw need 
not be opened 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.
    (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 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 as 
necessary
    3. In Sec.  117.315 revise paragraph (a) to read as follows:


Sec.  117.315  New River, South Fork.

    (a) The draw of the Davie Boulevard (S.W. 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 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 
as necessary.
* * * * *

    Dated: June 12, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 06-5576 Filed 6-21-06; 8:45 am]
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