[Federal Register Volume 65, Number 217 (Wednesday, November 8, 2000)]
[Rules and Regulations]
[Pages 66932-66933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28647]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-00-105]
RIN 2115-AE47


Drawbridge Operation Regulations: Atlantic Intracoastal Waterway, 
Key Largo, Monroe County, 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 
changing the regulations of the Jewfish Creek Drawbridge at Key Largo 
across the Atlantic Intracoastal Waterway, mile 1134.1 in Key Largo, 
Florida, until January 25, 2001. This temporary rule allows the Jewfish 
Creek Drawbridge at Key Largo to maintain single leaf operations with 
one-hour advance notice and a twelve-hour advance notification to the 
bridge tender to provide a double leaf opening until January 25, 2001. 
This is necessary to allow for repairs.

DATES: This temporary rule is effective from November 2, 2000 to 
January 25, 2001. Comments must be received by November 30, 2000.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD07-00-105] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st 
Avenue, Miami, Florida, between 7:30 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer, 
Seventh Coast Guard District, Bridge Branch, at (305) 415-6743.

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. It was impracticable to 
publish an NPRM, because there was insufficient time remaining after we 
were notified of the dates of the repairs to follow normal rulemaking 
procedures.
    Further, 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. A delayed effective date is 
impracticable as repairs on the bridge are already underway.

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 the rulemaking [CGD07-00-
105], 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. 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.

Background and Purpose

    The Jewfish Creek Drawbridge at Key Largo, mile 1134.1, across the 
Atlantic Intracoastal Waterway, has a vertical clearance of 11 feet at 
mean high water and a horizontal clearance of 80 feet between fenders. 
The existing operating regulations in 33 CFR 117.261(qq) require the 
bridge to open on signal; except that from 10:00 a.m. until sunset, 
Thursday through Sunday and Federal holidays, the draw need open only 
on the hour and half hour.
    The Florida Department of Transportation notified the Coast Guard 
on October 18, 2000, that repairs to the bridge were in progress and 
scheduled to be completed by January 25, 2001. The repairs require that 
the Jewfish Creek Bridge be able to maintain single leaf operations 
with one-hour advance notice. However a double leaf opening can be 
provided with a twelve-hour advance notification provided to the bridge 
tender.

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 rule to be 
minimal because of the limited duration of the rule, as well as the 
provision for double leaf openings with advance notice.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered 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.
    This rule will affect the following entities, some of which may be 
small entities: owners or operators of vessels intending to transit the 
Atlantic Intracoastal Waterway at mile 1134. Although this temporary 
rule will be in effect for two and one-half months, some vessel traffic 
can still pass through the single leaf, and others can make advance 
requests for double leaf openings.

[[Page 66933]]

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 can 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 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 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 32(e) of 
Commandant Instruction M16475.1C, that 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 November 2, 2000 to January 25, 2001, Sec. 117.261(qq) is 
suspended and a new paragraph (uu) is added to read as follows:


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

* * * * *
    (uu) Jewfish Creek, mile 1134, Key Largo. The draw may operate on 
single leaf with one-hour advance notice from November 2, 2000 until 
January 25, 2001 unless twelve hours advance notice for a double leaf 
opening is provided to the bridge tender.

    Dated: October 27, 2000.
G.W. Sutton,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District 
Acting.
[FR Doc. 00-28647 Filed 11-7-00; 8:45 am]
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