[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Proposed Rules]
[Pages 51540-51542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14432]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-06-130]
RIN 1625-AA09


Drawbridge Operation Regulations; Southern Boulevard (SR 700/80) 
Bridge, Atlantic Intracoastal Waterway, mile 1024.7, Palm Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulation governing 
the operation of the Southern Boulevard (SR 700/80) Bridge across the 
Atlantic Intracoastal Waterway, mile 1024.7, Palm Beach, Florida. The 
proposed rule would require the drawbridge to open twice an hour. The 
proposed schedule is based on requests from vessel operators along the 
Atlantic Intracoastal Waterway. The proposed schedule would require the 
bridge to open on the quarter and three quarter-hour and would meet the 
reasonable needs of navigation while not impacting vehicular traffic.

DATES: Comments and related material must reach the Coast Guard on or 
before October 16, 2006.

ADDRESSES: You may mail comments and related material to Commander 
(dpb), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432, 
Miami, Florida 33131-3050. Commander (dpb) 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 docket number [CGD07-06-130] and will be 
available for inspection or copying at Commander (dpb), Seventh Coast 
Guard District, 909 SE. 1st Avenue, Room 432, Miami, Florida 33131-3050 
between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Seventh Coast Guard 
District, Bridge Branch, telephone number 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 [CGD07-06-
130], 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 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

    In 2005, the Coast Guard changed the regulations on most of the 
bridges in Palm Beach County to facilitate increased vehicular traffic 
while meeting the reasonable needs of navigation. Recently waterway 
users have requested that the Southern Boulevard (SR 700/80) bridge 
regulation be changed from opening on the hour and half-hour to opening 
on the quarter and three-quarter hour in order to improve vessel 
transit sequencing on the Atlantic Intracoastal Waterway through Palm 
Beach County. This proposed schedule will improve transit times for 
vessels while not impairing vehicular traffic.

Discussion of Proposed Rule

    The Coast Guard proposes to change the operating regulation of the 
Southern Boulevard (SR 700/80) Bridge that crosses the Atlantic 
Intracoastal Waterway, mile 1024.7, in Palm Beach, FL. The existing 
regulation that governs the operation of the Southern Boulevard (SR 
700/80) drawbridge is published in 33 CFR 117.261(w).
    The proposed rule would improve staggered bridge openings and allow 
vessels traveling at five knots to significantly reduce wait times to 
pass through the Southern Boulevard (SR 700/80) Drawbridge. The 
proposed schedule would have the Southern Boulevard (SR 700/80) Bridge 
opening on the quarter and three-quarter hour.

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. Because the proposed rule would 
provide timed openings for vehicular traffic and continue to provide 
twice an hour sequenced openings for vessel traffic, the rule should 
have little economic impact.

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

[[Page 51541]]

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. 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 Intracoastal Waterway in the vicinity 
of the Broward County bridges. The proposed rule would not have a 
significant economic impact on a substantial number of small entities 
because proposed rule would provide timed openings for vehicular 
traffic and continue to provide twice an hour sequenced openings for 
vessel traffic.
    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 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 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 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. 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. 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.

    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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation

[[Page 51542]]

No. 0170.1; section 117.255 also issued under the authority of Pub. 
L. 102-587, 106 Stat. 5039.

    2. In Sec. 117.261 revise paragraph (w) to read as follows:


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

* * * * *
    (w) Southern Boulevard (SR 700/80) bridge, mile 1024.7, at Palm 
Beach. The draw shall open on the quarter and three-quarter hour.
* * * * *

    Dated: July 5, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
 [FR Doc. E6-14432 Filed 8-29-06; 8:45 am]
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