[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Rules and Regulations]
[Pages 65412-65414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18801]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-06-019]
RIN 1625-AA09


Drawbridge Operation Regulations; S.E. Third Avenue, Andrews 
Avenue, Marshall/Seventh Avenue and Davie Boulevard/S.W. Twelfth Street 
bridges, New River and New River South Fork, Miles 1.4, 2.3, 2.7, and 
0.9 at Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulation governing 
the operation of the SE. Third Avenue, Andrews Avenue and Marshal 
(Seventh Avenue) bridges across the New River, miles 1.4, 2.3, and 2.7 
and the regulations governing the operation of the Davie Boulevard (SW. 
Twelfth Street) bridge across the New River, South Fork, mile 0.9, Fort 
Lauderdale, Broward County, Florida.

DATES: This rule is effective December 8, 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 (CGD07-06-019) and are 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. Michael Lieberum, Seventh Coast 
Guard District, Bridge Branch, telephone number 305-415-6744.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 22, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; SE. Third Avenue, 
Andrews Avenue, Marshall/Seventh Avenue and Davie Boulevard/SW. Twelfth 
Street bridges, New River and New River South Fork, Miles 1.4, 2.3, 
2.7, and 0.9 at Fort Lauderdale, FL in the Federal Register (71 FR 
35852). We received one comment in favor of the proposed rule.

Background and Purpose

    The current regulations governing the operation of the S.E. Third 
Avenue and Andrews Avenue bridges are published in 33 CFR 117.313. They 
require the draw of the SE. Third Avenue bridge, mile 1.4 at Fort 
Lauderdale, to 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 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 at any time. The draw of the Andrews Avenue 
bridge, mile 2.3 at Fort Lauderdale, is required to open on signal; 
however, the draw need not be opened for upbound 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. The current 
regulation governing the operation of the Davie Boulevard (SW. Twelfth 
Street) bridge is published in 33 CFR 117.315 and requires the bridge 
to 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 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 through the draw as soon as possible.
    The City of Fort Lauderdale requested that the Coast Guard change 
the operating regulations for four bridges on the New River and New 
River, South Fork, that we consider adding an additional half-hour to 
the morning and afternoon curfew hours to the SE. Third Avenue and the 
Davie Boulevard (SW. Twelfth Street) bridges, and that we change the 
operating regulations of the Andrews Avenue and Marshal (Seventh 
Avenue) bridges to include these curfew periods. The City of Fort 
Lauderdale contended that changing these periods to allow, 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 not to be opened for the passage of vessels, 
will help alleviate the existing vehicle traffic delays.

Discussion of Comments and Changes

    The Coast Guard received one response to the Notice of Proposed 
Rulemaking. This response consisted of a letter from Broward County 
stating that they believe the change will be beneficial. No changes 
have been made to this final rule.

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

[[Page 65413]]

Budget has not reviewed it under that Order.
    We expect the economic impact of this 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 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 openings before and after 
the curfew times.

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.

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, 
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.

List of Subjects in 33 CFR Part 117

    Bridges.

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.  117.313 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

[[Page 65414]]

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 open. Public vessels of the United States, tugs with tows, and 
vessels in distress shall be passed at any time.
    (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 open. The draw need not open 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. Public vessels of the United States, tugs with tows, and vessels 
in distress shall be passed at any time.
    (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 open. Public vessels of the United States, 
tugs with tows, and vessels in distress shall be passed at any time.
* * * * *

0
3. Revise Sec.  117.315(a) to read as follows:


Sec.  117.315  New River, South Fork.

    (a) The draw of the Davie Boulevard (SW. 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 open. Public vessels of the 
United States, tugs with tows, and vessels in distress shall be passed 
at any time.
* * * * *

    Dated: October 24, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. E6-18801 Filed 11-7-06; 8:45 am]
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