[Federal Register: March 19, 2003 (Volume 68, Number 53)]
[Proposed Rules]
[Page 13242-13244]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr03-24]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-02-141]
RIN 1625-AA09 (Formerly 2115-AE47)
Drawbridge Operation Regulations; Caloosahatchee River Bridge (SR
29), Okeechobee Waterway, LaBelle, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the operating regulations
of the Caloosahatchee River bridge (SR 29), Okeechobee Waterway, mile
103, LaBelle, Florida. This proposed rule would require the bridge to
open on signal, except during the morning and evening rush hours when
the bridge need not open. Tugs with tows, public vessels of the United
States, and vessels in distress would be passed at any time. This
proposed rule is intended to improve the movement of vehicular traffic
during rush hour periods while not unreasonably interfering with the
needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before May 19, 2003.
ADDRESSES: You may mail comments and related material to Commander
(obr), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432,
Miami, FL 33131. 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 (CGD07-02-141) and are available for
inspection or copying at Commander (obr), Seventh Coast Guard District,
909 SE. 1st Avenue, Miami, Florida 33131 between 8 a.m. and 4:30 p.m.,
Monday through Friday, except Federal holidays.
[[Page 13243]]
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Bridge Branch, 909
SE. 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-
141), 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
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Bridge Branch, Seventh Coast Guard
District, 909 SE. 1st Ave, Room 432, Miami, Florida 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 Caloosahatchee River bridge (SR 29) is a two-lane, narrow,
undivided arterial roadway. The waterway has safe waiting areas on each
side of the bridge for all vessels, however the waterway is
predominately used by small to mid-sized recreational vessels. The
roadway is severely congested due to insufficient vehicular capacity.
The existing operating schedule is published in 33 CFR 117.5 and
requires the bridge to open on signal. The Mayor of Labelle requested
that the bridge be allowed to remain in the closed position during the
morning and evening rush hours to facilitate vehicular traffic
movement. This proposed rule would continue to require the drawbridge
to open on signal, except that from 7 a.m. until 9 a.m. and from 4 p.m.
until 6 p.m., Monday through Friday, except Federal holidays, the draw
need not open. Tugs with tows, public vessels of the United States and
vessels in distress would be passed at any time.
Discussion of Proposed Rule
In order to facilitate vehicular traffic flow while not
unreasonably impacting navigation, the Coast Guard proposes to require
the Caloosahatchee River bridge (SR 29) to open on signal, except that
from 7 a.m. until 9 a.m. and from 4 p.m. until 6 p.m., Monday through
Friday, except Federal holidays, the bridge need not open. Tugs with
tows, public vessels of the United States and vessels in distress would
be passed at any time. This proposed rule would facilitate the movement
of vehicle traffic across the bridge while not unreasonably interfering
with or decreasing vessel safety while awaiting passage through the
draw.
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).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary because this proposed rule would
only slightly modify the existing bridge operation schedule during
weekday vehicle traffic rush hours.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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.
This proposed rule may affect the following entities, some of which
might be small entities: the owners or operators of vessels and
vehicles intending to transit under and over the Caloosahatchee River
bridge (SR 29) during the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6
p.m., Monday through Friday, except Federal holidays. 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
because this proposed rule only slightly modifies the existing bridge
operation schedule during weekday vehicle traffic rush hours.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 (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 the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact 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 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
[[Page 13244]]
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 will 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 proposed 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.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph (32) (e) of Commandant
Instruction M16475.lD, this proposed rule is categorically excluded
from further environmental documentation.
Indian Tribal Governments
This proposed 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 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under authority of Pub. L. 102-587, 106 Stat.
5039.
2. Section 117.317(k) is added to read as follows:
Sec. 117.317 Okeechobee Waterway.
* * * * *
(k) Caloosahatchee River Bridge (SR 29), mile 103, Labelle,
Florida. The Caloosahatchee River bridge (SR 29), mile 103, shall open
on signal, except that from 7 a.m. until 9 a.m. and from 4 p.m. until 6
p.m., Monday through Friday, except Federal holidays, the bridge need
not open. Tugs with tows, public vessels of the United States and
vessels in distress shall be passed at any time.
Dated: February 24, 2003.
James S. Carmichael,
Rear Admiral, Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 03-6637 Filed 3-18-03; 8:45 am]
BILLING CODE 4910-15-P