[Federal Register Volume 72, Number 3 (Friday, January 5, 2007)]
[Rules and Regulations]
[Pages 466-468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22555]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the operating regulation governing 
the operation of the Southern Boulevard (SR 700/80) Bridge across the 
Atlantic Intracoastal Waterway, mile 1024.7, Palm Beach, Florida. The 
rule will require the drawbridge to open twice an hour. The schedule is 
based on requests from vessel operators along the Atlantic Intracoastal 
Waterway. The schedule will 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: This rule is effective February 5, 2007.

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 (CGD07-06-130) 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. Barry Dragon, Seventh Coast Guard 
District, Bridge Branch, telephone number 305-415-6743.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 30, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Southern Boulevard 
(SR 700/80) Bridge, Atlantic Intracoastal Waterway, mile 1024.7, Palm 
Beach, FL'' in the Federal Register (71 FR 51540). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    The current regulation governing the operation of the Southern 
Boulevard Bridge is published in 33 CFR

[[Page 467]]

117.261(w) and states the draw shall open on the hour and half-hour.
    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 schedule will improve transit times for vessels 
while not impairing vehicular traffic.

Discussion of Comments and Changes

    The Coast Guard received no responses to the Notice of Proposed 
Rulemaking. The rule will 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 
schedule will have the Southern Boulevard (SR700/80) Bridge opening on 
the quarter and three-quarter hour.

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.

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.
    This 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 rule would not have a significant economic impact on a 
substantial number of small entities because the rule provides timed 
openings for vehicular traffic and continues to provide twice an hour 
sequenced openings for vessel traffic.

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). 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 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

[[Page 468]]

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. 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.

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); Sec.  117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Amend Sec.  117.261 by revising 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: December 17, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. E6-22555 Filed 1-4-07; 8:45 am]
BILLING CODE 4910-15-P