[Federal Register: July 16, 2003 (Volume 68, Number 136)]
[Rules and Regulations]
[Page 41918-41919]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy03-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-03-076]
RIN 1625-AA09
Drawbridge Operation Regulations; Brooks Memorial (S.E. 17th
Street) Bridge, Atlantic Intracoastal Waterway Mile 1065.9, Fort
Lauderdale, Florida
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule; request for comments.
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SUMMARY: The Coast Guard is temporarily changing the operation of the
new Brooks Memorial (SE. 17th Street) bridge across the Atlantic
Intracoastal Waterway, Fort Lauderdale, Florida. This temporary rule
requires the bridge to open on signal, except from 7 a.m. to 7 p.m.
daily, the bridge need open only on the hour and half-hour.
DATES: This temporary rule is effective from 12:01 a.m. on July 16,
2003 until 6 p.m. on January 2, 2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD07-03-076] and are available for
inspection or copying at room 432, Seventh Coast Guard District, Bridge
Branch, 909 SE. 1st Avenue, Miami, Florida, 33131, between 7:30 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Bridge Branch,
909 SE 1st Ave, Miami, Florida 33131, telephone number 305-415-6744.
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 [CGD07-03-
076], 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 and may change this temporary rule in view of them.
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 because traffic studies
indicate vehicular congestion in this area directly related to this
bridge opening.
For the same reason, 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.
Background and Purpose
The Brooks Memorial (SE. 17th Street) bridge was replaced with a
high-level bridge, which provides a vertical clearance of 55 feet above
mean high water in the closed position and a horizontal clearance of
125 feet between fenders. The regulations for the old bridge were
published in 33 CFR 117.261(hh) and will be removed as they do not
apply to the new bridge. The new bridge has been operating on the old
operating schedule since construction. Even though the new bridge has a
higher vertical clearance than the old bridge, the number of openings
has only slightly decreased because most sailboats still require a
bridge opening. This temporary rule is intended to allow the Coast
Guard to evaluate the adequacy of a half-hour schedule during the
summer and winter daytime hours before a permanent rule is proposed.
Discussion of Rule
This temporary rule will require the Brooks Memorial (SE. 17th
Street) bridge, mile 1065.9 at Fort Lauderdale, to open on signal;
except that from 7 a.m. to 7 p.m. the draws need open only on the hour
and half-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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We expect the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary because the rule still provides
for at least two openings every hour.
[[Page 41919]]
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 because the rule still provides for at least
two openings every hour.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this temporary rule
will 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 will 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 temporary rule so that they can better
evaluate its effects on them and participate in the rulemaking. If this
temporary rule will 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 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 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. Although this temporary rule will 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 the 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 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.
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. 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 authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From 12:01 a.m. on July 16, 2003, until 6 p.m. on January 2, 2004,
in Sec. 117.261, suspend paragraph (hh) and add a new paragraph (uu)
to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(uu) The Brooks Memorial (SE. 17th Street) bridge, mile 1065.9 at
Fort Lauderdale, shall open on signal; except that from 7 a.m. to 7
p.m. the draws need open only on the hour and half-hour.
Dated: July 3 2003.
Harvey Johnson Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 03-17984 Filed 7-15-03; 8:45 am]
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