[Federal Register: January 29, 2004 (Volume 69, Number 19)]
[Rules and Regulations]
[Page 4239-4240]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja04-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-02-141]
RIN 1625-AA09
Drawbridge Operation Regulations; Caloosahatchee River Bridge (SR
29), Okeechobee Waterway, Labelle, Florida.
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations governing the
operation of the Caloosahatchee River bridge (SR 29), Okeechobee
Waterway, mile 103, Labelle, Florida. This rule requires the bridge to
open on signal, except that from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.,
Monday through Friday, except Federal holidays, the bridge need not
open. This action is intended to improve movement of vehicular traffic
while not unreasonably interfering with the movement of vessel traffic.
DATES: This rule is effective March 1, 2004.
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 [CGD07-02-141] and are available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 SE 1st
Avenue, Miami, Florida 33131 between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Bridge Branch (obr), Seventh
Coast Guard District, maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Manager,
Seventh Coast Guard District, Bridge Branch, (305) 415-6743.
SUPPLEMENTARY INFORMATION:
Regulatory History
On March 19, 2003, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Drawbridge Operation Regulations;
Caloosahatchee River bridge (SR 29), Okeechobee Waterway, Labelle,
Florida, in the Federal Register (68 FR 13242). We received one (1)
comment on this notice of proposed rulemaking (NPRM). No public hearing
was requested, and none was held.
Background and Purpose
The Mayor of Labelle requested a change in regulations governing
the operation of the Caloosahatchee River bridge (SR 29), to ease
vehicle traffic congestion, during morning and evening rush hours. The
roadway 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 used predominantly by small to mid-sized
recreational vessels. The roadway is severely congested due to
insufficient vehicular capacity. The existing regulation for this
bridge is published in 33 CFR 117.5 and requires the bridge to open on
signal. The rule will continue to require the bridge to open on signal,
except that from 7 a.m. to 9 a.m. and from 4 p.m. to 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
shall be passed at any time.
Discussion of Comments and Changes
We received one (1) comment on the notice of proposed rulemaking
(NPRM) against the rule change, citing that the period of closure was
too long for vessels to wait.
We have carefully considered the comment and decided not to change
the proposed rule. Vessels transiting the area would have a 20-hour
period during which the bridge would open on signal and adequate safe
waiting areas are available.
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 is unnecessary, because the rule will only
affect a small percentage of vessel traffic through this bridge.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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
[[Page 4240]]
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. The Coast Guard
offered small businesses, organizations, or governmental jurisdictions
that believed the rule would affect them, or that had questions
concerning its provisions or options for compliance, to 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 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 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 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. 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.
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 CFR 1.05-1(g); section 117.255 also issued
under authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Sec. 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. to 9 a.m. and from 4 p.m. to 6 p.m.,
Monday through Friday, except Federal holidays, the bridge need not
open. Exempt vessels shall be passed at any time.
Dated: January 15, 2004.
F.M. Rosa,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 04-1857 Filed 1-28-04; 8:45 am]
BILLING CODE 4910-15-P