[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Rules and Regulations]
[Pages 32747-32748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15277]



[[Page 32747]]

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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-01-045]
RIN 2115-AE47


Drawbridge Operation Regulations: PGA Boulevard Bridge (ICW), 
West Palm Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily modifying the regulations 
governing the operation of the PGA Boulevard Bridge across the 
Intracoastal Waterway mile 1012.6, West Palm Beach, Palm Beach County, 
Florida. This temporary rule allows the owner or operator to open only 
a single bascule leaf of the bridge. This temporary rule is required to 
allow the bridge owner or operator to safely conduct repairs to the 
Bridge.

DATES: This rule is effective from 12:01 a.m. on May 29 until 11:59 
p.m. on September 3, 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 [CGD07-01-045] 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. Michael Lieberum, Project Officer, 
Seventh Coast Guard District, Bridge Branch, at (305) 415-6744.

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 
unnecessary and contrary to the public interest. These repairs will 
have a minimal impact on marine traffic as the bridge will continue to 
provide single leaf openings and double leaf openings with advance 
notification.
    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 PGA Boulevard Bridge across the Atlantic Intracoastal Waterway 
mile 1012.6 at West Palm Beach, Palm Beach County, Florida, has a 
vertical clearance of 24.9 feet in the closed position and a horizontal 
clearance of 90 feet between fender. On March 23, 2001, the Florida 
Department of Transportation, requested a modification from the current 
operating regulation in 33 CFR 117.261(s) which requires the drawbridge 
to open on signal; except that from 7 a.m. to 9 a.m. and 4 p.m. to 7 
p.m., Monday through Friday except Federal holidays, the draw need open 
on the quarter-hour and three-quarter hour. On Saturday, Sundays and 
Federal holidays from 8 a.m. to 6 p.m. the draw need open only on the 
hour, 20 minutes after the hour, and 40 minutes after the hour. On 
weekdays except Federal holidays from November 1 thorough April 30 from 
9 a.m. to 4 p.m., the draw need open only on the hour, 20 minutes after 
the hour, and 40 minutes after the hour.
    Under this temporary rule, from May 28, 2001 until July 16, 2001 
and from August 11, 2001 until September 3, 2001, the PGA Boulevard 
Bridge shall open a single leaf on signal; except that from 7 a.m. to 7 
p.m., Monday through Friday except Federal holidays, the draw need open 
only a single leaf on the quarter-hour and three-quarter hour. A double 
leaf opening will be available if at least 8 hours notice is provided 
to the bridge tender. On Saturdays, Sundays and Federal holidays from 8 
a.m. to 6 p.m., both draws need open only on the hour, 20 minutes after 
the hour, and 40 minutes after the hour.
    Due to the removal of gears, this bridge will be able to provide 
single leaf openings only from July 16, 2001 to August 10, 2001. This 
rule will be effective until September 3, 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. The 
changes to the bridge's operating schedules will have a minimal affect 
on navigation. Further, the temporary regulations still allow for 
scheduled single leaf bridge openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule will have a significant economic 
effect upon a substantial number of small entities. ``Small entities'' 
include 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 regulations allow single leaf opening on a regular 
basis and double leaf opening with advance notice.

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 (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

[[Page 32748]]

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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

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 12:01 a.m. on May 29 until 11:59 p.m. on September 3, 2001, 
in Sec. 117.261, temporarily suspend paragraph (s) and add temporary 
paragraph (ww) to read as follows:


Sec. 117.261  Atlantic Intracoastal Waterway from St. Mary's River to 
Key Largo.

* * * * *
    (ww)(1) From May 29, 2001 until July 16, 2001 and from August 11, 
2001 until September 3, 2001, the draw of the PGA Boulevard Bridge 
shall open a single leaf on signal; except that from 7 a.m. to 7 p.m., 
Monday through Friday except Federal holidays, the draw need open only 
a single leaf on the quarter-hour and three-quarter hour. A double leaf 
opening will be available if at least 8 hours notice is provided to the 
bridge tender.
    On Saturdays, Sundays and Federal holidays from 8 a.m. to 6 p.m., 
both draws need open only on the hour, 20 minutes after the hour, and 
40 minutes after the hour. The draw shall open as soon as possible for 
the passage of public vessels of the United States and vessels in 
distress.
    (2) From July 16 to August 10, 2001, the draw of the PGA Boulevard 
Bridge will only provide single leaf openings on the quarter hour and 
three-quarter hour.

    Dated: May 29, 2001.
T.W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 01-15277 Filed 6-15-01; 8:45 am]
BILLING CODE 4910-15-U