[Federal Register Volume 65, Number 62 (Thursday, March 30, 2000)]
[Rules and Regulations]
[Pages 16826-16827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7854]



[[Page 16826]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Miami 00-030]
RIN 2115-AA97


Safety Zone Regulations; Fort Lauderdale, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard Captain of the Port is establishing a 
temporary fixed safety zone closing the Atlantic Intracoastal Waterway 
to all marine traffic at the Fort Lauderdale Southeast 17th Street 
(State Road A1A) highway bridge in Fort Lauderdale, FL. The safety zone 
will be in effect during construction activities associated with the 
disassembly of the temporary and existing drawbridges across the 
waterway. This safety zone is needed to protect all vessels from 
potential safety hazards associated with the removal of the bridge span 
sections. No vessels will be allowed to approach within 200 yards of 
the bridge during this period unless authorized by the Captain of the 
Port or his designated representative.

DATES: This rule is effective from 6 a.m. on April 3, 2000, until 7 
a.m. on April 15, 2000.

FOR FURTHER INFORMATION CONTACT: Lieutenant Boudrow, at Coast Guard 
Marine Safety Office, Miami, Florida, tel: (305) 535-8701.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The Coast Guard Captain of the Port is establishing a temporary 
safety zone closing the Intracoastal Waterway at the 17th Street 
Causeway Bridge, Mile Marker 1065.9, in Fort Lauderdale, FL to all 
marine traffic. This closure has been requested by the Florida 
Department of Transportation in order to remove portions of the 
temporary and existing drawbridges across the waterway by contractors. 
The work includes removal of a 150-ton bridge span and 179-ton 
counterweight and will be carried out from several large barges 
anchored within the waterway. The Coast Guard has reviewed the planned 
scope of work and has determined that a safety zone and waterway 
closure are necessary to protect all vessels from potential safety 
hazards posed by construction activities. The closure of the waterway 
is scheduled for weekday and evening periods to minimize the impact to 
the boating community. The Coast Guard will issue Broadcast Notice to 
Mariners and the Florida Department of Transportation will place 
electronic message signs at various locations on the Intracoastal 
Waterway to advise mariners of the scheduled closure. Boat traffic will 
be directed to Hillsboro Inlet and the Port of Palm Beach to the north 
and Port Everglades to the south as alternate routes. The closure will 
be strictly enforced by the Coast Guard and will also be monitored by 
the Florida Marine Patrol.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
(NPRM) was not published for this rule and good cause exists for making 
it effective in less than 30 days after Federal Register Publication. 
Publishing an NPRM and delaying its effective date would be contrary to 
public safety since immediate action is needed to minimize potential 
danger to the public.

Regulatory Evaluation

    This proposal is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 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 Transportation (DOT) (44 
FR 11040: February 26, 1979). The Coast Guard expects the economic 
impact of this proposal to be so minimal that a full Regulatory 
Evaluation under paragraph 10(e) of the regulatory policies and 
procedures of DOT is unnecessary. The safety zone will only be in 
effect for two 12 hour periods at night, and a 72 hour weekday period 
during the removal of the temporary drawbridge. Further, mariners have 
been advised through local notices and have alternate ways around the 
closure.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic effect upon a substantial number of small entities. ``Small 
entities'' include small business, 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 the regulations will only be in effect for three days 
during the temporary bridge removal, the closure will be publicized by 
broadcasts and signs, and mariners can get around the closure by using 
alternative inlets.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-221), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Small 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees of the Coast Guard. 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 requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking disproportionately affect children.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O.

[[Page 16827]]

12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or safety that may disproportionately affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
action and has determined under figure 2-1, paragraph 34(g) of 
Commandant Instruction M16475.1C, that this rule is categorically 
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Safety measures, Waterways.

Temporary Regulations

    In consideration of the foregoing, the Coast Guard amends Subpart C 
of Part 165 of title 33, Code of Federal Regulations, as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR 
1.05-1(g), 6.04-1, 6.04-6, and 160.5.


    2. From 6 a.m. April 3, 2000, until 7 a.m., April 15, 2000, 
temporary Sec. 165.T07-030 is added to read as follows:


Sec. 165.T07-030  Safety Zone; Fort Lauderdale, Florida

    (a) Regulated area. All waters within 200 yards on either side of 
the 17th Street Causeway Bridge, Mile Marker 1065.9, in Fort 
Lauderdale, Florida.
    (b) Regulations. In accordance with the general regulations in 
165.23 of this part, anchoring, mooring or transiting in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port. 
The Captain of the Port will notify the public of any changes in the 
status of this zone by Marine Safety Radio Broadcast on VHF Marine Band 
Radio, Channel 22 (157.1 MHz).
    (c) Effective dates. This section is applicable from 6 a.m. on 
April 3, 2000, to 6 a.m. on April 6, 2000, and from 7 p.m. to 7 a.m. 
each night on April 12 and 13, 2000. In the event of inclement weather 
on April 12 or 13, this section is applicable from 7 p.m. on April 14 
to 7 a.m., April 15, 2000.

    Dated: March 20, 2000.
L.J. Bowling,
Captain, U. S. Coast Guard, Captain of the Port, Miami, Florida.
[FR Doc. 00-7854 Filed 3-29-00; 8:45 am]
BILLING CODE 4910-15-U