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Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, Mile 1012.6, North Palm Beach, Palm Beach County, FL
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 8, 2005 (Volume 70, Number 109)]
[Rules and Regulations]
[Page 33349-33351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn05-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-05-044]
RIN 1625-AA09
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Mile 1012.6, North Palm Beach, Palm Beach County, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the regulations
governing the operation of the PGA Boulevard bridge, Intracoastal
Waterway mile 1012.6, North Palm Beach, Palm Beach County, Florida.
This rule is needed to provide for workman and mariner safety during
repairs to the bridge. The bridge will be on single and double-leaf
operations during the repair period and several waterway closures will
be needed to ensure personal safety.
DATES: This rule is effective from June 8, 2005 until May 15, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD07-05-044 and are available for
inspection or copying at Commander (obr), Seventh Coast Guard District,
909 S.E. 1st Avenue, Room 432, Miami, FL 33131, between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Chief Petty Officer Terrell, Sector
Miami at (305) 535-4317 or Mr. Michael Lieberum, Project Officer,
Seventh Coast Guard District, Bridge Branch, at (305) 415-6744.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NRPM) 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 provides for workman and public
safety during repairs to the bridge. The repairs are needed as sections
of the bridge will be completely replaced due to safety concerns. It
will be necessary to use dynamite in order to destroy those portions of
the bridge and it is in the public interest to protect them from the
associated safety risks.
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
publication in the Federal Register for the same reasons noted above.
Background and Purpose
The PGA Boulevard bridge, Intracoastal Waterway mile 1012.6, North
Palm Beach, Palm Beach County, Florida is being repaired. The Florida
Department of Transportation notified the Coast Guard that the bridge's
current schedule of operation must be changed to effectuate the
repairs. The changes will require single-leaf bridge openings on the
hour and half-hour although double-leaf openings will continue to be
available on most dates. Additionally, the waterway will be closed for
short periods to allow for the safe repair of the bridge. More specific
times and dates will be published in the Local Notice to Mariners and
Broadcast Notice to Mariners. In cases of emergency, the bridge will be
opened as soon as possible.
Discussion of Rule
The rule will require single-leaf bridge openings of the PGA
Boulevard Bridge on the hour and half-hour. Double-leaf openings will
continue to be available on most dates. Waterway closures shall be
authorized by the Captain of the Port Miami and will be published in
the Local Notice to Mariners and Broadcast Notice to Mariners. The draw
shall open as soon as practicable for tugs with tows, public vessels of
the United States and vessels in dangerous situations.
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). 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 while bridge repairs
are ongoing so long
[[Page 33350]]
as it is safe. Also, all closure times will be published in advance so
that mariners may 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
would not have a significant economic impact on a substantial number of
small entities because the regulations provide for bridge openings,
short closure periods and for the reasonable needs of navigation.
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 this rule so that they can better evaluate
its effects on them and participate in the rulemaking process by
providing contact information for those personnel that can address
questions regarding this regulation. If this 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 in FOR FURTHER INFORMATION CONTACT.
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 would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in the preamble.
Taking of Private Property
This rule will not effect 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 does not create an
environmental risk to health or risk to safety that may
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 M16475.1D,
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 because this is a drawbridge operation
regulation. 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.
? 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:
[[Page 33351]]
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 authority of Pub. L. 102-587, 106 Stat. 5039.
? 2. In Sec. 117.261, from June 8, 2005 through May 15, 2006, suspend
paragraph (s) and add paragraph (tt) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(tt) PGA Boulevard bridge, mile 1012.6 at North Palm Beach. The
draw need not open except to provide on signal a single-leaf opening on
the hour and half-hour. Vessels may request double-leaf operations,
which will be provided as repair work permits, and notice of the
availability of double-leaf openings will be published in the Local
Notice to Mariners and Broadcast Notice to Mariners.
* * * * *
Dated: May 20, 2005.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 05-11320 Filed 6-7-05; 8:45 am]
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