[Federal Register: October 8, 2003 (Volume 68, Number 195)]
[Rules and Regulations]
[Page 58018-58019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc03-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD11-03-001]
RIN 1625-AA09
Drawbridge Operation Regulation; Cerritos Channel, Long Beach, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary rule.
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SUMMARY: The Commander, Eleventh Coast Guard District, is temporarily
changing the regulation governing the Heim Drawbridge, mile 4.9
Cerritos Channel, Long Beach, CA, so the drawbridge need not open for
vessel traffic on weekends and evenings during October and November,
2003. California Department of Transportation (``Caltrans'') requested
this temporary change to perform essential deck repairs on the
drawbridge.
DATES: This temporary rule is effective from 7 p.m. on October 2, 2003,
to 6 a.m. on November 21, 2003.
ADDRESSES: Documents referred to in this rule are available for
inspection and copying at Commander (oan), Eleventh Coast Guard
District, Building 50-3, Coast Guard Island, Alameda, CA 94501-5100,
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District, telephone (510) 437-3516.
SUPPLEMENTARY INFORMATION:
Good Cause for Not Publishing an NPRM
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. This rule is being promulgated
without an NPRM due to the short time frame between the submission of
the request and the start date of the scheduled repairs.
Good Cause for Making Rule Effective in Less Than 30 Days
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. The Coast Guard received the
request for the temporary change less than 30 days prior to the
scheduled repairs. Delaying the effective date of this rule would be
contrary to the public interest because the deck of the bridge is in
need of repairs and the repairs require the bridge to be in the closed-
to-navigation position for extended periods of time. This event has
been thoroughly coordinated with waterway users and no objections have
been received. There is an alternative path for navigation around
Terminal Island and the repair work will occur during evening hours
when there is less waterway activity.
Background and Purpose
Caltrans has requested a temporary change to the operation of the
Heim Drawbridge, mile 4.9 Cerritos Channel in Long Beach, CA. The Heim
Drawbridge navigation span provides vertical clearance of 37 feet above
Mean High Water in the closed-to-navigation position. The waterway is
navigated by commercial, recreational, and emergency response
watercraft. Presently, 33 CFR 117.147 requires the draw to open on
signal for the passage of vessels, except during established workday
rush hours. In order to repair the deck of the bridge, Caltrans
requested the drawbridge temporarily be allowed to remain closed to
navigation on the weekends from 7 p.m. Friday until 6 a.m. Monday, and
for the bridge to remain closed during the work week each night from 7
p.m. until 6 a.m., Monday through Friday. This temporary rule is
effective from 7 p.m. on October 2, 2003, to 6 a.m. on November 21,
2003. During this time Caltrans will perform essential deck repairs on
the drawspan. This temporary drawbridge operation amendment has been
coordinated with the waterway users. No objections to the proposed
temporary rule were raised.
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
temporary rule to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary. This is because waterway traffic has an alternative route
and is not likely to be delayed more than one hour.
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 as none will be affected by the temporary rule.
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. None
were identified as being present on the waterway during the temporary
rule.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act (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
[[Page 58019]]
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 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. 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 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 no factors in this case 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 as a promulgation of operating regulations or procedures
for drawbridges. A Categorical Exclusion Determination is available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From 7 p.m. on October 2 to 6 a.m. November 21, 2003, in Sec.
117.147, paragraph (a) is suspended and a new paragraph (c) is
temporarily added to read as follows:
Sec. 117.147 Cerritos Channel.
* * * * *
(c) From 7 p.m. on October 2, 2003, to 6 a.m. on November 21, 2003,
the draw of the Commodore Schuyler F. Heim highway bridge, mile 4.9 at
Long Beach, need not open for vessels on weekends from 7 p.m. each
Friday until 6 a.m. each Monday, and during weekdays, the draw need not
open from 7 p.m. until 6 a.m., each night, Monday through Friday.
During these times, the draw may remain closed to navigation.
Dated: September 30, 2003.
J.M. Hass,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard
District.
[FR Doc. 03-25415 Filed 10-7-03; 8:45 am]
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