[Federal Register: April 28, 2003 (Volume 68, Number 81)]
[Rules and Regulations]
[Page 22294-22296]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap03-3]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-03-048]
RIN 1625-AA09
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Miles 1062.6 and 1064.0 at Fort Lauderdale, Broward 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 East Sunrise Boulevard (SR 838) and East
Las Olas bridges, miles 1062.6 and 1064.0, in Fort Lauderdale, Florida.
This temporary rule allows these bridges to not open for periods of
time on May 3 and 4, 2003, to facilitate the vehicle traffic flow to
and from the Air & Sea Show, while still providing for the reasonable
needs of navigation.
DATES: This rule is effective from 4 p.m. on May 3 to 6 p.m. on May 4,
2003.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of this docket and are available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 SE. 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: 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 for this regulation. Publishing
an NPRM was impracticable and contrary to the public interest. There
was insufficient time remaining to publish an NPRM after we received
this request to change the bridges' operating schedules, and further
delaying the event to follow normal rulemaking procedures before
incorporating this important safety measure would have a significant
negative effect on the outcome of this highly-attended event.
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. We did not receive this request to
change the bridges' operating schedules with sufficient time remaining
to delay the rule's effectiveness until 30 days after its publication.
Further, delaying the event to follow normal rulemaking procedures
before incorporating this important safety measure would have a
significant negative effect on the outcome of this highly-attended
event.
Background and Purpose
The East Las Olas Boulevard bridge, mile 1064.0, has a vertical
clearance of 31 feet above mean high water and a horizontal clearance
of 91 feet between
[[Page 22295]]
the fenders. The existing regulations in 33 CFR 117.5 require the
bridge to open on signal.
The East Sunrise Boulevard bridge (SR 838), mile 1062.6, has a
vertical clearance of 25 feet at mean high water and a horizontal
clearance of 90 feet between the fenders. The existing regulation is 33
CFR 117.261(gg) and requires the bridge to open on signal; except that
from November 15 to May 15, from 10 a.m. to 6 p.m., the draw need open
only on the hour, quarter-hour, half-hour and three-quarter hour.
The City of Fort Lauderdale Police Department, on behalf of the
City of Fort Lauderdale, recently requested that the Coast Guard
temporarily change the operating regulations for these bridges during
parts of the 2003 Air and Sea Show to allow the considerable volume of
vehicular and pedestrian traffic to be routed from the beach as safely
and quickly as possible. These temporary changes to the bridge
operating regulations will require the East Sunrise Boulevard (SR 838)
and East Las Olas bridges in Fort Lauderdale, Florida to remain closed
from 4 p.m. to 6 p.m. and 9:45 p.m. to 10:45 p.m. on May 3, 2003, and
from 4 p.m. to 6 p.m. on May 4, 2003, except that, the East Sunrise
Boulevard bridge (SR 838) may open at 4:45 p.m. and 5:30 p.m. each day,
and the East Las Olas bridge may open at 4:30 p.m. and 5:15 p.m. each
day on May 3 and 4, 2003. In accordance with 33 CFR 117.261 (a), public
vessels of the United States, tugs with tows, and vessels in a
situation where a delay would endanger life or property shall, upon
proper signal, be passed through the draw of each bridge at any time.
Discussion of Rule
This temporary rule allows these bridges to remain closed for
periods of time on May 3 and 4, 2003, to facilitate the vehicle traffic
flow to and from the Air & Sea Show. The bridges' operating schedules
will only be changed for a total of five hours over a two-day period
and include two openings each day during each afternoon period affected
by this temporary rule, and the longest a vessel will have to wait for
an opening is one hour during the evenings of May 3, 2003, and May 4,
2003.
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.
The bridges' operating schedules will only be changed for five hours
over a two-day period and include two openings each day during each
afternoon period affected by this temporary rule, and the longest a
vessel will have to wait for an opening is one hour during the evenings
of May 3, 2003, and May 4, 2003.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this temporary 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 temporary
rule will not have a significant economic impact on a substantial
number of small entities as the regulations will only be changed for
five hours over a two-day period and include two openings each day
during each afternoon period affected by this temporary rule, and the
longest a vessel will have to wait for an opening is one hour during
the evenings of May 3, 2003, and May 4, 2003.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this temporary rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this temporary rule so that they can better
evaluate its effects on them and participate in the rulemaking. If this
temporary rule affects 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 temporary 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
Executive Order 13132 and have determined that this rule 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 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. Although this temporary 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 would 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.
[[Page 22296]]
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this proposed 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. 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; 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 4 p.m. on May 3, 2003 until 6 p.m. on May 4, 2003, in Sec.
117.261, temporarily suspend paragraph (gg) and add temporary
paragraphs (ss) and (tt) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(ss) East Las Olas bridge, mile 1064 at Fort Lauderdale. The draw
shall open on signal except that on May 3 and 4, 2003, from 4 p.m. to 6
p.m. each day, the draw need only open at 4:30 p.m. and 5:15 p.m., and
on May 3, 2003, from 9:45 p.m. to 10:45 p.m., the draw need not open.
(tt) East Sunrise Boulevard bridge (SR 838), mile 1062.6 at Fort
Lauderdale. The draw shall open on signal except that on May 3 and 4,
2003, from 4 p.m. to 6 p.m. each day, the draw need only open at 4:45
p.m. and 5:30 p.m., and, on May 3, 2003, from 9:45 p.m. to 10:45 p.m.,
the draw need not open.
Dated: April 16, 2003.
James S. Carmichael,
Rear Admiral, Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 03-10290 Filed 4-25-03; 8:45 am]
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