[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Rules and Regulations]
[Pages 42757-42758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11877]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-05-162]
RIN 1625-AA09


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

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the regulations 
governing the operation of the N.E. 14th Street Bridge, Atlantic 
Intracoastal Waterway mile 1055.0, Pompano, Florida. This temporary 
rule provides for solely single-leaf bridge operations twice an hour 
between July 5, 2006 and September 30, 2006. During this period, the 
bridge will operate on a single-leaf schedule unless a four hour notice 
is provided for double-leaf openings.

DATES: This temporary rule is effective from July 5, 2006 until 
September 30, 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 [CGD07-05-162] and are available for inspection or 
copying at Commander (dpb), Seventh Coast Guard District, 909 S.E. 1st 
Avenue, Room 432, Miami, FL 33131, between 7:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Lieberum, Project Officer, 
Seventh Coast Guard District, Bridge Branch, at (305) 415-6744.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 23, 2006, we published a notice of proposed rulemaking 
(NRPM) entitled Drawbridge Operation Regulations; N.E. 14th Street, 
Atlantic Intracoastal Waterway, Mile 1055.0, at Pompano Beach, FL, in 
the Federal Register (71 FR 9300). We received no letters commenting on 
the proposed rule. No public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. These repairs are necessary to 
protect the safety of the public, and delaying them would be contrary 
to the public interest. In addition, we received no objections to this 
rule during the NPRM comment period and this rule provides for 
scheduled single-leaf bridge openings, as well as double-leaf openings 
after four hours notice, for vessels to transit past the bridge.

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.
    The Coast Guard is temporarily changing the operating regulations 
of the N.E. 14th Street Bridge from July 5, 2006 to September 30, 2006 
so that the bridge will operate a single-leaf twice an hour unless a 
four hour notice is given for double-leaf openings.

Discussion of Rule

    We received no comments on the NPRM. This temporary change will 
allow the owner to make necessary repairs to the bridge.

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). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary, 
because the rule will allow for bridge openings during the repairs to 
this bridge.

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, because the regulations provide for bridge openings, short 
closure periods and will provide for the reasonable needs of 
navigation.

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 this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. If this 
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.
    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

[[Page 42758]]

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 would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in the preamble.

Taking of Private Property

    This rule will 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 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 M16475.1D, 
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.

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 authority of Public Law 102-587, 106 Stat. 5039.


0
2. From July 5, 2006, through October 1, 2006, Sec.  117.261(cc) is 
suspended and paragraph (uu) is added 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.
    From 7 a.m. on July 5, 2006 through 6 p.m. on September 30, 2006 
the draw shall open double-leaf upon four hours advance notification to 
the bridge tender on VHF channel 9 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: July 5, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
 [FR Doc. E6-11877 Filed 7-27-06; 8:45 am]
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