[Federal Register: May 20, 2003 (Volume 68, Number 97)]
[Proposed Rules]
[Page 27504-27505]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my03-23]
[[Page 27504]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-02-160]
RIN 1625-AA09
Drawbridge Operation Regulations; Canaveral Barge Canal, Cape
Canaveral, Brevard County, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating regulations
of the Christa McAuliffe bridge, SR 3, across the Canaveral Barge Canal
at Cape Canaveral, Florida. Under the proposed rule, the bridge need
open only twice an hour from 6 a.m. to 10 p.m. for vessel traffic,
except during the morning and evening rush hours when the bridge may
remain closed to facilitate vehicular traffic. The proposed rule would
also require the bridge to open with 3 hours notice from 10:01 p.m. to
5:59 a.m. This change would improve the flow of vehicular traffic
without significantly impacting the needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before July 21, 2003.
ADDRESSES: You may mail comments and related material to Commander
(obr), Seventh Coast Guard District, 909 S.E. 1st Ave., Room 432,
Miami, FL 33131. Comments and material received from the public, as
well as documents indicated in the preamble as being available in the
docket, are part of [CGD07-02-160] 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 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, 909 S.E. 1st Ave Miami, FL 33131, telephone
number 305-415-6743.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD07-02-
160], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
A public meeting has not been scheduled for this proposed rule.
However, you may submit a request for a meeting in writing to Bridge
Branch, Seventh Coast Guard District, 909 SE 1st Ave, Room 432, Miami,
FL 33131, explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
The Christa McAuliffe bridge, SR 3, across the Canaveral Barge
Canal is a twin, double bascule leaf bridge with a vertical clearance
of 21.6 feet at mean high water and a horizontal clearance of 90.3
feet. The current operating regulations published in 33 CFR 117.273(a),
provide for the bridge to open on signal from 6 a.m. to 10 p.m. except
that, from 6:15 a.m. to 7:45 a.m. and from 3:30 p.m. to 5:15 p.m.,
Monday through Friday, except Federal holidays, the bridge need not
open for the passage of vessels. From 10:01 p.m. to 5:59 a.m.,
everyday, the bridge shall open on signal if at least three hours
notice is given to the bridge tender. The bridge shall open as soon as
possible for the passage of public vessels of the United States, tugs
with tows and vessels in distress. The local residents requested a
change to the current operating schedule to ease the flow of vehicular
traffic on and off of Cape Canaveral through their neighborhood. On May
22, 2002, a temporary final rule was published in the Federal Register
(Volume 67, Number 99, pages 35903-35904) to facilitate repairs to the
bridge. In pertinent part, for four months, from 8:15 a.m. to 3 p.m.,
Monday through Friday except Federal holidays, the draw opened on the
hour and half hour for the passage of vessels. This temporary change to
bridge openings for limited times during the day met the reasonable
needs of navigation and the needs of vehicular traffic in the
neighborhood while facilitating repair to the bridge. Additionally, the
difference between the number of bridge openings under this proposed
rule and the historical number of bridge openings under the existing,
permanent rule is minimal. Accordingly, based on the results of the
temporary rule and the minimal difference in bridge openings, the
proposed rule will meet the reasonable needs of navigation on this
waterway.
Discussion of Proposed Rule
Under the proposed rule, the bridge need only open on the hour and
half-hour from 6 a.m. to 10 p.m., except from 6:15 a.m. to 8:15 a.m.
and from 3:10 p.m. to 5:59 p.m., Monday through Friday, except Federal
holidays, the bridge need not open. From 10:01 p.m. to 5:59 a.m.,
everyday, the bridge shall open on signal if at least 3 hours advance
notice is given to the bridge tender. The bridge shall open as soon as
possible for the passage of tugs with tows, public vessels of the
United States and vessels in distress.
Regulatory Evaluation
This proposed 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 proposed rule to be so minimal that a full Regulatory Evaluation
is unnecessary, because the proposed rule only slightly modifies the
current closure periods and still provides for regular openings.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. The proposed rule only slightly modifies the
current closure periods, because it still provides for two openings per
hour during the daytime and allows for passage of tugs with tows on
signal between 6 a.m. and 10 p.m.
[[Page 27505]]
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this proposed rule would
economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If this
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the person listed
under 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 proposed rule would call 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 proposed rule
under that Order and 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 regulatory
actions not specifically required by law. 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 proposed rule would
not result in such an expenditure, we do discuss the effects of this
rule elsewhere in this preamble.
Taking of Private Property
This proposed 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 proposed 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 proposed 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.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, 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. Comments on this
section will be considered before we make the final decision on whether
to categorically exclude this rule from further environmental review.
Indian Tribal Governments
This proposed 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 proposed 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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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 authority of Pub. L. 102-587, 106 Stat. 5039.
2. Section 117.273(a) is revised to read as follows:
Sec. 117.273 Canaveral Barge Canal.
(a) The draws of the Christa McAuliffe bridge, SR 3, mile 1.0,
across the Canaveral Barge Canal need only open daily for vessel
traffic on the hour and half-hour from 6 a.m. to 10 p.m.; except that
from 6:15 a.m. to 8:15 a.m. and from 3:10 p.m. to 5:59 p.m., Monday
through Friday, except Federal holidays, the bridge need not open. From
10:01 p.m. to 5:59 a.m., everyday, the bridge shall open on signal if
at least 3 hours notice is given to the bridge tender. The bridge shall
open as soon as possible for the passage of tugs with tows, public
vessels of the United States and vessels in distress.
* * * * *
Dated: May 5, 2003.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 03-12496 Filed 5-19-03; 8:45 am]
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