[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Rules and Regulations]
[Pages 58283-58285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16275]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-06-204]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway 
Mile 1072.2, Hollywood, Broward County, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the regulation 
governing the operation of the Hollywood Boulevard Drawbridge across 
the Atlantic Intracoastal Waterway mile 1072.2, Hollywood, Broward 
County, Florida, due to repair work on the bridge. This rule will 
provide for worker and mariner safety during the repairs to this 
drawbridge. The drawbridge will be on single-leaf operations during 
most of the repair period and several waterway closures will be needed.

DATES: This rule is effective from October 3, 2006 to July 27, 2007.

[[Page 58284]]


ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD07-06-204 and are available for 
inspection or copying at Commander (dpb), Seventh Coast Guard District, 
909 SE 1st Ave., Ste 432 Miami, Florida 33131-3050 between 7:30 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM is contrary 
to the public interest because the rule is needed to provide for worker 
and marine safety during repairs to the drawbridge. Also, this 
temporary final rule provides provisions for vessels to transit through 
the area except during short waterway closure periods.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after Federal 
Register publication. This rule provides for scheduled drawbridge 
openings and provisions for vessels to transit through the drawbridge 
except during short waterway closure periods and provides for the 
safety of the public and mariners during the scheduled repair period.

Background and Purpose

    The Florida Department of Transportation notified the Coast Guard 
on February 4, 2006, that the current operation of the Hollywood 
Boulevard Drawbridge, Intracoastal Waterway mile 1072.2, Hollywood, 
Broward County, Florida, would need to be changed to allow for 
extensive repairs. However, the construction repair contractor did not 
provide the repair schedule dates to the Coast Guard until August 4, 
2006, at which time repairs to the bridge had already begun. Therefore, 
there was not enough time to publish an NPRM.
    The drawbridge will be required to only open a single-leaf twice an 
hour. A double-leaf opening will be available, except on some dates and 
times. The waterway will be closed for short periods to allow for the 
reconstruction of portions of the drawbridge. Exact times and dates of 
waterway closures and drawbridge restrictions will be published in the 
Local Notice to Mariners and Broadcast Notice to Mariners. In cases of 
emergency, the drawbridge will be opened as soon as possible.

Discussion of Rule

    The draw of the Hollywood Boulevard drawbridge shall open a single-
leaf on the hour and half-hour. Double-leaf operations shall be 
available during certain periods. Waterway closures shall be authorized 
by the Captain of the Port Miami as needed and will be published in the 
Local Notice to Mariners and Broadcast Notice to Mariners. The draw 
shall open as soon as possible 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.

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.
    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 
drawbridge 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 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 drawbridge openings, 
short closure periods and will provide for the reasonable needs of 
navigation.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
the Atlantic Intracoastal Waterway under the Hollywood Boulevard 
drawbridge from October 3, 2006 to July 27, 2007.

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. 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.

[[Page 58285]]

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.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. Under figure 2-1, paragraph (32)(3), of 
the Instruction, and ``Environmental Analysis Check List'' and 
``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 the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. From 7 a.m. on October 3, 2006 to 7 p.m. on July 27, 2007, Sec. 
117.261(bb)(11) is suspended and new paragraph (bb)(13), is added to 
read as follows:


Sec.  117.261  Atlantic Intracoastal Waterway from St. Mary's River to 
Key Largo.

* * * * *
    (bb)(13) Hollywood Beach Boulevard (SR 820) bridge, mile 1072.2 at 
Hollywood. The draw shall open a single-leaf on the hour and half-hour. 
A double-leaf shall be available with two hours advance notice to the 
bridge tender, except during certain time periods to be published in 
the Local Notice to Mariners. Waterway closures will be published in 
the Local Notice to Mariners as needed.
* * * * *

    Dated: September 21, 2006.
J.A. Watson,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District 
Acting.
 [FR Doc. E6-16275 Filed 10-2-06; 8:45 am]
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