[Federal Register Volume 66, Number 138 (Wednesday, July 18, 2001)]
[Rules and Regulations]
[Pages 37416-37417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17949]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Miami 01-074]
RIN 2115-AA97


Safety Zone; Fort Lauderdale, Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard Captain of the Port is establishing a 
temporary safety zone on the Atlantic Intracoastal Waterway under the 
Southeast 17th Street (State Road A1A) highway bridge in Fort 
Lauderdale, FL. This safety zone will be in effect for one hour on two 
different days during the demolition of the bascule piers for the old 
drawbridge across the waterway. This safety zone is needed to protect 
all vessels from potential safety hazards associated with the 
demolition of the bascule piers.

DATES: This regulation is effective from 3:30 p.m. on July 17, 2001 
until 12:30 p.m. on July 24, 2001.

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 [COTP Miami 01-074] and are available for inspection 
or copying at Marine Safety Office Miami, 100 MacArthur Causeway, Miami 
Beach, FL 33139, between 7:30 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander Boudrow, at Coast 
Guard Marine Safety Office Miami, Florida, telephone: (305) 535-8701.

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 would be 
contrary to public safety interests since immediate action is needed to 
minimize potential danger associated with the demolition of the bridge.
    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 Coast Guard Captain of the Port is establishing a temporary 
safety zone closing the Intracoastal Waterway at the 17th Street 
Causeway Bridge, mile marker 1065.9, in Fort Lauderdale, FL to all 
marine traffic. This closure has been requested by the Florida 
Department of Transportation in order to remove portions of the old 
draw bridge's bascule piers on either side of the waterway by 
contractors. The work includes the demolition of the existing bascule 
piers below the waterline. The Coast Guard has reviewed the planned 
scope of work and has determined that a safety zone and waterway 
closure are necessary to protect all vessels from potential safety 
hazards posed by demolition activities.
    The safety zone will be in effect from approximately 3:30 p.m. 
until 4:30 p.m. on July 17, 2001 and from 11:30 a.m. until 12:30 p.m. 
on July 24, 2001. The closure of the waterway was scheduled during a 
period which will minimize the impact to the boating community. The 
Coast Guard will issue Broadcast Notice to Mariners to advise mariners 
of the scheduled closure. Boat traffic will be directed to Hillsboro 
Inlet and the Port of Palm Beach to the north and Port Everglades to 
the south as alternate routes. The closure will be strictly enforced by 
the Coast Guard, the Fort Lauderdale Police Marine Patrol and Florida 
Marine Patrol.

Regulatory Evaluation

    This proposal is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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 so minimal that a 
full Regulatory Evaluation is necessary because the safety zone will

[[Page 37417]]

only be in effect for a brief time on two days.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 because the regulations will only be in effect for two short 
periods of time on two days. Further, the closure times will be 
publicized by broadcasts.

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. 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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that this rule does not have 
implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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 34(g) 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5, 49 CFR 1.46.


    2. Temporary Sec. 165.T07-074 is added to read as follows:


Sec. 165.T07-074  Safety Zone; Fort Lauderdale, Florida

    (a) Regulated area. All waters within 1000 feet on either side of 
the 17th Street Causeway Bridge, Mile Marker 1065.9, in Fort 
Lauderdale, Florida.
    (b) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, anchoring, mooring or transiting in this zone 
is prohibited unless authorized by the Coast Guard Captain of the Port. 
The Captain of the Port will notify the public of any changes in the 
status of this zone by Marine Safety Radio Broadcast on VHF Marine Band 
Radio, Channel 22 (157.1 MHz).
    (c) Dates. This section is effective from 3:30 p.m. until 4:30 p.m. 
on July 17, 2001, and from 11:30 a.m. until 12:30 p.m. on July 24, 
2001.

    Dated: July 6, 2001.
L.J. Bowling,
Captain, U.S. Coast Guard, Captain of the Port, Miami, Florida.
[FR Doc. 01-17949 Filed 7-17-01; 8:45 am]
BILLING CODE 4910-15-U