[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Rules and Regulations]
[Pages 76935-76937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31095]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-00-106]
RIN 2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Mile 1084.6, Miami, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: Commander, Seventh Coast Guard District is temporarily 
changing the regulations governing the West 79th Street Causeway 
Bridge, mile 1084.6 across the Atlantic Intracoastal Waterway at Miami, 
Florida. This temporary rule establishes scheduled openings on the hour 
and half hour, Monday through Saturday, from 7 a.m. to 6:30 p.m., and 
allows the bridge to remain closed from 7:30 a.m. to 9:30 a.m. and 4:30 
p.m. to 6:30 p.m., Monday through Friday. The drawbridge will open on 
demand during all other periods including federal holidays and Sundays. 
This action is necessary to facilitate drawbridge rehabilitation to 
resolve related vehicle traffic flow problems during rush hour.

DATES: This rule is effective from November 21, 2000, to February 28, 
2001. Comments must be received by December 31, 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 [CGD07-00-106] 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: Mr. Barry Dragon, Project Officer, 
Seventh Coast Guard District, at (305) 415-6730.

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 and contrary to the public interest because 
rehabilitation is underway.
    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. Rehabilitation is underway and a 
delayed effective date is impracticable.

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-
106),

[[Page 76936]]

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 during 
the comment period. We may change this temporary rule in view of them.
    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 West 79th Street Causeway Drawbridge, mile 1084.6, across the 
Atlantic Intracoastal Waterway, has a vertical clearance of 19.5 feet 
at mean high water and a horizontal clearance of 90 feet between 
fenders. This bridge normally operates under 33 CFR 117.5, which 
requires the bridge to open promptly and fully for the passage of 
vessels when a request to open is given. However, on May 9, 2000, the 
Florida Department of Transportation (FDOT) requested that drawbridge 
operations be temporarily changed to allow for rehabilitation of the 
drawbridge. On June 6, 2000, the Coast Guard issued temporary 
regulations with request for comment to allow a 30-minute opening 
schedule on Monday through Saturday, from 7 a.m. to 6 p.m. (65 FR 
35826).

Discussion of Comments and Changes

    We received one comment during the comment period. FDOT requested 
additional restrictions due to vehicle congestion caused by the 
rehabilitation of the drawbridge. In addition to the existing temporary 
regulations that allow the drawbridge to open on the hour and half 
hour, Monday through Saturday, from 7 a.m. to 6:30 p.m., FDOT asked to 
be able to allow the bridge to remain closed from 7:30 a.m. to 9:30 
a.m. and 4:30 p.m. to 6:30 p.m., Monday through Friday. This is 
necessary to resolve vehicular traffic congestion that is a result of 
the bridge rehabilitation. The drawbridge will open on demand during 
all other periods including federal holidays and Sundays. All of the 
above provisions are included in this revised temporary rule.

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). The Coast Guard expects the economic impact of this rule to be 
minimal because the bridge will only be closed two hours in the morning 
and two hours in the evening on weekdays the bridge will still open 30 
minute intervals and on demand during other periods.

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.
    This rule will affect the following entities, some of which may be 
small entities; owners or operators of vessels intending to transit the 
Intracoastal waterway at mile 1084.6. Although this temporary rule will 
be in effect for four months, vessel traffic can still pass through the 
drawbridge every 30 minutes during weekdays and Saturday, except during 
the weekday morning and afternoon vehicle traffic rush hours of 7:30 
a.m. to 9:30 a.m. and 4:30 p.m. to 6:30 p.m. The drawbridge will open 
on demand during all other periods including federal holidays and 
Sundays.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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. If the 
rule would affect your small business, organization, or government 
jurisdiction and you have questions concerning is provisions or options 
for 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 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 does not concern an 
environmental risk

[[Page 76937]]

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.

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. Suspend existing temporary Sec. 117.261(rr) from November 21, 
2000, through February 28, 2001.

    3. From November 21, 2000, through February 28, 2001, in 
Sec. 117.261, a new paragraph (vv) is temporarily added to read as 
follows:


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

* * * * *
    (vv) West 79th Street Causeway Drawbridge, mile 1084.6, Miami, 
Florida. The draw need open only on the hour and half-hour, Monday 
through Saturday, from 7 a.m. to 6:30 p.m., beginning November 21, 
2000, through February 28, 2001, except the draw may remain closed from 
7:30 a.m to 9:30 a.m. and 4:30 p.m. to 6:30 p.m., Monday through 
Friday. The draw will open on demand during all other periods including 
federal holidays and Sundays.

    Dated: November 21, 2000.
T.W. Allen,
U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 00-31095 Filed 12-7-00; 8:45 am]
BILLING CODE 4910-15-P