[Federal Register Volume 65, Number 86 (Wednesday, May 3, 2000)]
[Rules and Regulations]
[Pages 25646-25647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10943]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-00-037]
RIN 2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Mile 1021.9 and 1022.6, Palm Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Commander, Seventh Coast Guard District is temporarily 
changing the regulations governing the Flagler Memorial Bridge, mile 
1021.9 and the Royal Park Bridge, mile 1022.6 across the Atlantic 
Intracoastal Waterway at Palm Beach, Florida. This temporary rule 
allows the bridge owner to keep the Royal Park Bridge in the closed 
position from 7:25 a.m. to 7:45 a.m. and the Flagler Memorial Bridge in 
the closed position from 7:25 a.m. to 8:15 a.m., on Sunday, May 21, 
2000. This action is necessary to facilitate the National Medical 
Center and Beckman Research Institute's first annual Palm Beach Walk 
for Hope Against Breast Cancer 5k Run/Walk.

DATES: These regulations become effective at 7:25 a.m. and terminate at 
8:15 a.m. on May 21, 2000.

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 [CGD07-00-037] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st 
Avenue, Room 406, Miami, FL 33131 between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Miss Evelyn Smart, Project Officer, 
Seventh Coast Guard District, at (305) 536-6546.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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. Publishing an NPRM is 
impracticable because we received notice of this event very recently, 
not leaving time for both a NPRM and a delayed effective date. 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.

Background and Purpose

    On Sunday, May 21, 2000, the National Medical Center and Beckman 
Research Institute will be hosting their first annual 5K Run/Walk. 
Beginning at Trinity Park at 7:30 a.m., the run/walk participants will 
head south on Flagler Drive then head east on the Royal Park Bridge 
(estimated time of closure 7:25 a.m. to 7:45 a.m.), then the route will 
continue east on Royal Palm Way, turn north on Coconut Palm Way, then 
east on Royal Poinciana then head east on Flagler Bridge (estimated 
time of closure 7:25 a.m. until 8:15 a.m.) this provides the walkers 
from 7:32 a.m. until 8:15 a.m. to clear the final bridge.

Regulatory Evaluation

    This rule 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, 
l979) and the bridges will only remain closed for a maximum of 50 
minutes and there will be less traffic because this is a Sunday 
morning.

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 a significant economic impact on a substantial number of small 
entities as the bridges will only remain closed to traffic for a 
maximum of 50 minutes.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), 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.

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

    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.

[[Page 25647]]

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 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 E.O. 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 risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket for inspection or copying where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 117 Bridges

Temporary Regulations.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--[AMENDED]

    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 the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. From 7:25 a.m. through 8:15 a.m. on May 21, 2000, in 
Sec. 117.261, paragraphs (u) and (v) are suspended and new paragraphs 
(rr) and (ss) are added to read as follows:


Sec. 117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (rr) Flagler Memorial (SR A1A) bridge, mile 1021.9 at Palm Beach. 
The draw shall open on signal; except that, from 7:25 a.m. to 7:45 a.m. 
on May 21, 2000, the draw need not open.
    (ss) Royal Park (SR 704) bridge, mile 1022.6 at Palm Beach. The 
draw shall open on signal; except that, from 7:25 a.m. to 8:15 a.m. on 
May 21, 2000, the draw need not open.

    Dated: April 18, 2000.
T.W. Allen
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 00-10943 Filed 5-2-00; 8:45 am]
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