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, 65412-65414 [E6-18801]
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Federal Register / Vol. 71, No. 216 / Wednesday, November 8, 2006 / Rules and Regulations
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intersection with Hamilton Road at the
southeast corner of section 23, T4S/R6E
(Solyo map); then
(8) Proceed 2.4 miles straight west
along the southern boundary lines of
sections 23, 22, and 21, T4S/R6E,
crossing the Delta-Mendota Canal and
the California Aqueduct, to the junction
of the southern boundary of section 21,
the 500-foot elevation line, and the
westernmost transmission line, (Solyo
map); then
(9) Proceed 4.2 miles generally
northwest along the meandering 500foot elevation line to section 18, T4S/
R6E, where the 500-foot elevation line
crosses all the transmission lines and
then continues northwest a short
distance to the easternmost transmission
line in the northwest quadrant of
section 18, T4S/R6E, (Solyo map); then
(10) Proceed 8.45 miles straight
northwest along the easternmost
transmission line, crossing from the
Solyo map, over the Lone Tree Creek
map, to the Tracy map, and continue to
the transmission line’s intersection with
the western boundary of section 19,
T3S/R5W, about 0.7 mile northnortheast of Black Butte (Tracy map);
then
(11) Proceed in a straight line 2 miles
northwest to this line’s intersection with
the 500-foot elevation line, immediately
north of an unimproved dirt road, just
north of the midpoint of the western
boundary line of section 12, T3S/R4E
(Tracy map); then
(12) Proceed 0.65 mile straight north
along the western boundaries of section
12 and then section 1 to the section 1
line’s intersection with Interstate
Highway 580 (I–580), section 1, T3S/
R4E (Tracy map); then
(13) Proceed 0.8 mile straight
northwest along I–580 to its intersection
with the Western Pacific Railway line in
section 2, T3S/R4E (Midway map); then
(14) Proceed easterly 0.7 mile along
the Western Pacific Railway line to its
intersection with the eastern boundary
line of section 2, T3S/R4E (Tracy map);
and
(15) Proceed east for 1 mile in a
straight line, returning to the beginning
point.
Signed September 7, 2006.
John J. Manfreda,
Administrator.
Approved: September 23, 2006.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
[FR Doc. E6–18894 Filed 11–7–06; 8:45 am]
BILLING CODE 4810–31–P
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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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
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
PO 00000
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Fmt 4700
Sfmt 4700
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
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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).
pwalker on PRODPC60 with RULES
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
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16:03 Nov 07, 2006
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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
Frm 00043
Fmt 4700
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.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
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
PO 00000
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Sfmt 4700
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.
I
2. Revise § 117.313 to read as follows:
§ 117.313
New River.
(a) The draw of the S.E. Third Avenue
bridge, mile 1.4 at Fort Lauderdale shall
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Federal Register / Vol. 71, No. 216 / Wednesday, November 8, 2006 / Rules and Regulations
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.
*
*
*
*
*
I 3. Revise § 117.315(a) to read as
follows:
§ 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]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
pwalker on PRODPC60 with RULES
[EPA–R07–OAR–2006–0836; FRL–8240–6]
Approval and Promulgation of
Implementation Plans; State of Iowa
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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16:03 Nov 07, 2006
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SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the state of Iowa. This
revision will update Code of Federal
Regulation (CFR) amendment dates,
make a clarification to the state air
quality rules for laundry activities listed
under construction permit exemptions,
and adopt the American Meteorological
Society/Environmental Protection
Agency Regulatory Model (AERMOD).
The SIP revisions are necessary for
consistency with Federal regulations.
DATES: This direct final rule will be
effective January 8, 2007, without
further notice, unless EPA receives
adverse comment by December 8, 2006.
If adverse comment is received, EPA
will publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2006–0836, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. E-mail: Hamilton.heather@epa.gov.
3. Mail: Heather Hamilton,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
5. Hand Delivery or Courier: Deliver
your comments to Heather Hamilton,
Environmental Protection Agency, Air
Planning and Development Branch, 901
North 5th Street, Kansas City, Kansas
66101.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2006–
0836. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov website is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Air Planning and Development Branch,
901 North 5th Street, Kansas City,
Kansas 66101. The Regional Office’s
official hours of business are Monday
through Friday, 8 to 4:30 excluding
Federal holidays. The interested persons
wanting to examine these documents
should make an appointment with the
office at least 24 hours in advance.
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton at (913) 551–7039, or
by e-mail at Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This section provides additional
information by addressing the following
questions:
What is a SIP?
What is the Federal approval process for a
SIP?
What does Federal approval of a state
regulation mean to me?
What is being addressed in this document?
Have the requirements for approval of a SIP
been met?
What action is EPA taking?
What is a SIP?
Section 110 of the Clean Air Act
(CAA) requires states to develop air
pollution regulations and control
strategies to ensure that state air quality
meets the national ambient air quality
standards established by EPA. These
ambient standards are established under
section 109 of the CAA, and they
currently address six criteria pollutants.
These pollutants are: carbon monoxide,
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]]>Agencies
[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Rules and Regulations]
[Pages 65412-65414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18801]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 4910-15-P
