[Federal Register Volume 66, Number 26 (Wednesday, February 7, 2001)]
[Rules and Regulations]
[Pages 9199-9201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3108]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-01-003]
RIN 2115-AE47


Drawbridge Operation Regulations: Hillsborough River, Tampa, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the operation of the 
Platt and Brorein Street Drawbridges across the Hillsborough River in 
Tampa, Florida. This temporary rule allows the Platt and Brorein Street 
Drawbridges to remain closed from 8 a.m. to 1 p.m. on Saturday, 
February 24, 2001. This action is necessary to facilitate the running 
of the Bank of America Gasparilla Distance Classic foot race.

DATES: This rule is effective from 8 a.m. to 1 p.m. on February 24, 
2001.

ADDRESSES: Material received from the public as well as documents 
indicated in this preamble as being available in the docket are part of 
docket [CGD07-01-003] 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, Seventh Coast Guard 
District, Bridge Section, at (305) 415-6743.

[[Page 9200]]


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 was 
impracticable because there was not sufficient time remaining after we 
were notified of the event to publish an NPRM. Further, publishing an 
NPRM is not necessary because of the minimal impact this temporary rule 
will have on bridge operations in an area of limited marine traffic.
    For the same reason, 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

    The Platt and Brorein Street Drawbridges, miles 0.0 and 0.16 
respectively, across the Hillsborough River, have vertical clearances 
of 15.6 feet at mean high water and a horizontal clearance of 80 feet 
between fenders. The existing operating regulations in 33 CFR 
117.291(a) require the bridge to open on signal after two hours notice.
    The City of Tampa Department of Public Works requested that the 
Platt and Brorein Street Drawbridge operations be temporarily changed 
to allow the running of the Bank of America Gasparilla Distance Classic 
foot race. This temporary change to the drawbridge operating 
regulations will allow the drawbridge to remain closed from 8 a.m. to 1 
p.m., Saturday, February 24, 2001.

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 
so minimal that a full Regulatory Evaluation under paragraph 10(e) of 
the regulatory policies and procedures of DOT is unnecessary.

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 may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit the Hillsborough River under the Brorein or Platt Street 
Drawbridges on February 24, 2001.
    This temporary rule will not have a significant economic impact on 
a substantial number of small entities because the regulations will 
only be in effect for five hours in an area of limited marine traffic, 
and the event will be highly publicized.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 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 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.

Regulations

    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 8 a.m. until 1 p.m., on February 24, 2001, in Sec. 117.291, 
temporarily suspend paragraph (a) and

[[Page 9201]]

add a new temporary paragraph (c) to read as follows:


Sec. 117.291  Hillsborough River.

* * * * *
    (c) (1) The draws of the bridges at Platt Street, mile 0.0, and 
Brorein Street, mile 0.16, may remain closed to navigation.
    (2) The draws of the bridges at Kennedy Boulevard, mile 0.4, Cass 
Street, mile 0.7, Laurel Street, mile 1.0, West Columbus Drive, mile 
2.3, and West Hillsborough Avenue, mile 4.8, shall open on signal if at 
least two hours notice is given; except that, the draws shall open on 
signal as soon as possible after a request by a public vessel of the 
United States, a vessel owned or operated by the State, county or local 
government and used for public safety purposes, or a vessel in 
distress.

    Dated: January 25, 2001.
T.W. Allen,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 01-3108 Filed 2-6-01; 8:45 am]
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