[Federal Register Volume 65, Number 142 (Monday, July 24, 2000)]
[Rules and Regulations]
[Pages 45523-45525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18558]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 07-00-066]
RIN 2115-AE47


Drawbridge Operation Regulations: Atlantic Intracoastal Waterway, 
Mile 739.2, Jacksonville, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with request for comments.

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SUMMARY: Commander, Seventh Coast Guard District is temporarily 
amending the regulations governing Sisters Creek (SR 105) Drawbridge at 
Sisters Creek, mile 739.2 across the Atlantic Intracoastal Waterway at 
Jacksonville, Florida. This temporary rule allows a single leaf 
opening, with a four-hour advance notification to the bridge tender to 
provide a double leaf opening, from July 12, 2000 to October 31, 2000. 
This action is necessary to facilitate rehabilitation of the 
drawbridge.

DATES: This temporary rule is effective from July 12, 2000 to October 
31, 2000. Comments must be received by August 31, 2000.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 406, 
Miami, FL 33131. Seventh Coast Guard District maintains the public 
docket for this rulemaking. Comments and material received from the 
public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at

[[Page 45524]]

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: Barry Dragon, Project Officer, Seventh 
Coast Guard District, at (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 [CGD07-00-
066], 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 that 
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 temporary 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 the address under ADDRESSES, 
explaining why one would be beneficial. If the Coast Guard determines 
that a public meeting would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

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 rehabilitation 
recently, not leaving time for a full notice and comment period.
    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. We received notice of this 
rehabilitation recently, not leaving time for a delayed effective date.

Background and Purpose

    The Sisters Creek (SR 105) Drawbridge at Sisters Creek, mile 739.2, 
across the Atlantic Intracoastal Waterway, has a vertical clearance of 
28 feet at mean high water and a horizontal clearance of 90 feet 
between fenders. The existing operating regulations in 33 CFR 117.5 
require the bridge to be open promptly and fully for the passage of 
vessels when a request to open is given.
    M&J Construction Company of Pinellas County, Inc. requested from 
the Coast Guard, that the Sisters Creek (SR 105) Drawbridge operations 
be temporarily changed to allow for rehabilitation of the drawbridge. 
This temporary rule change to the drawbridge operating regulations will 
allow the drawbridge owner or operator to open a single leaf, with a 
four hour advance notification to the bridge tender to provide a double 
leaf opening, starting July 12, 2000 through October 31, 2000.

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, 
1979). The Coast Guard expects the economic impact of this proposal to 
be minimal because a single leaf opening will be available and a double 
leaf opening can be provided with a four-(4) hour notice to the bridge 
tender.

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.
    The rule will affect the following entities, some of which may be 
small entities: owners and operators of vessels intending to transit 
the Intracoastal Waterway at mile 739.2. Although this temporary rule 
will be in effect for four months, vessel traffic can still pass 
through the drawbridge either with a single leaf opening or with 
advance notice for a double leaf opening.

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 can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
would affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
compliance, please 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 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.

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

[[Page 45525]]

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 M16475.1C, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.
    For the reasons discussed in the preamble, the Coast Guard amends 
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 the authority of Pub. L. 102-587, 106 
Stat. 5039.
    2. From July 12, 2000 through October 31, 2000, in Sec. 117.261, a 
new paragraph (tt) is temporarily added to read as follows:


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

* * * * *
    (tt) Sister's Creek (SR 105) Drawbridge, mile 739.2 at Sisters 
Creek. The drawbridge may have a single leaf opening on demand, with a 
four-hour advance notification to the bridge tender to provide a double 
leaf opening, from July 12, 2000 to October 31, 2000.

    Dated: July 12, 2000.
Thad. W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 00-18558 Filed 7-21-00; 8:45 am]
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