[Federal Register: November 19, 2003 (Volume 68, Number 223)]
[Rules and Regulations]
[Page 65175-65177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no03-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-02-160]
RIN 1625-AA09
Drawbridge Operation Regulation; Canaveral Barge Canal, Cape
Canaveral, Brevard County, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating regulations of the
Christa McAuliffe Bridge, SR 3, across the Canaveral Barge Canal at
Cape Canaveral, Florida. Under this final 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 rule will also require the
bridge to open with 3 hours notice from 10:01 p.m. to 5:59 a.m. This
change will improve the flow of vehicular traffic without significantly
impacting the needs of navigation.
DATES: This rule is effective December 19, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD07-02-160] 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. The Bridge Branch of the
Seventh Coast Guard District maintains the public docket for this
rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer,
Seventh Coast Guard District, Bridge Branch, at (305) 415-6743.
SUPPLEMENTARY INFORMATION:
Regulatory History
On May 20, 2003, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Canaveral Barge
Canal, Cape Canaveral, Brevard County, FL, in the Federal Register (68
FR 27504). We received two letters commenting on the proposed rule. No
public meeting was requested, and none was held.
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
and 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
(67 FR 35903) 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 the bridge openings for a
limited time during the day met the reasonable needs of navigation and
improved the flow of vehicular traffic in the neighborhood while
facilitating repairs to the bridge. In addition, the difference between
the number of bridge openings under the temporary 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 final rule will meet the
reasonable needs of navigation on this waterway.
[[Page 65176]]
Discussion of Comments and Changes
We received two comments concerning this rule, one from the Florida
Division of Historical Resources, which determined that this rule did
not affect historical properties, and one from a concerned citizen,
which stated that the rule would not relieve vehicular traffic
congestion due to the dynamics of vehicular traffic routing problems in
a nearby intersection. While the intersection in question may
contribute to overall traffic difficulties, this rule will assist in
easing traffic flow during peak vehicular hours of movement to and from
Cape Canaveral.
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 final rule only slightly modifies the current closure periods, from
6:15 a.m. to 7:45 a.m. and 3:30 p.m. to 5:15 p.m., to 6:15 a.m. to 8:15
a.m. and 3:10 p.m. to 5:59 p.m. The final rule also continues to
provide for regular openings, from 6 a.m. to 10 p.m., twice an hour,
which results in almost the same number of openings provided under the
existing rule.
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.
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 can better evaluate its
effects on them and participate in the rulemaking process. 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 will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this 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 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 M16475.1D,
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. Coast Guard categorical exclusions include
the promulgation of operating regulations for drawbridges by the Bridge
Administration Program.
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. 0170.1; 33
[[Page 65177]]
CFR 1.05-1(g); Section 117.255 also issued under authority of Pub.
L. 102-587, 106 Stat. 5039.
0
2. Sec. 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: October 31, 2003.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 03-28814 Filed 11-18-03; 8:45 am]
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