[Federal Register Volume 66, Number 152 (Tuesday, August 7, 2001)]
[Rules and Regulations]
[Pages 41144-41146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19727]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-01-047]
RIN 2115-AE47


Drawbridge Operation Regulations: Donald Ross Road Bridge (ICW), 
West Palm Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the regulations 
governing the operation of the Donald Ross Road Bridge across the 
Intracoastal Waterway mile 1009.3, West Palm Beach, Palm Beach County, 
Florida. This temporary rule allows the bridge owner or operator to 
alter the operating schedule to open on a schedule consistent with the 
PGA Boulevard Bridge schedule. This temporary rule is required to 
alleviate vehicle traffic overflow created by construction of the PGA 
Boulevard Bridge.

DATES: This rule is effective from 12:01 a.m. on July 31, 2001 until 
11:59 p.m. on September 3, 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 [CGD07-01-047] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 SE. 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:

[[Page 41145]]

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 since this rule only 
slightly modifies the current operating schedule for a limited period 
of time. Moreover, this regulation will only have a minimal impact on 
marine and vehicular traffic because the bridge will be operating on 
the same schedule as the PGA Boulevard Bridge.
    For the same reasons, 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 Donald Ross Road Bridge across the Atlantic Intracoastal 
Waterway mile 1009.3 at West Palm Beach, Palm Beach County, Florida, 
has a vertical clearance of 35.0 feet in the closed position and a 
horizontal clearance of 90 feet between fenders. On June 27, 2001, the 
Florida Department of Transportation and Palm Beach County, requested a 
modification from the current operating regulation in 33 CFR 117.261(r) 
which requires the draw to open on signal; except that from 1 October 
to 31 May, Monday through Friday, except federal holidays, from 7 a.m. 
to 9 a.m. and 4 p.m. to 6 p.m., the draw need open only on the hour, 
quarter-hour, half-hour, and three quarter-hour.
    Under this temporary rule, from July 31, 2001 until September 3, 
2001, the Donald Ross Road Bridge shall open on signal; except that 
from 7 a.m. to 7 p.m., Monday through Friday except Federal holidays, 
both single spans need open only on the quarter-hour and three-quarter 
hour. On Saturdays, Sundays and Federal holidays from 8 a.m. to 6 p.m., 
both single spans need open only on the hour, 20 minutes after the 
hour, and 40 minutes after the hour.
    This temporary rule will alleviate vehicular traffic caused by 
construction on the PGA Boulevard Bridge which is located approximately 
3.3 miles downstream of the Donald Ross Road Bridge.

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 schedule will have a minimal impact 
on vehicular and marine traffic. Further, the temporary regulations 
still allow for regularly scheduled 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 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 allow openings on a regular basis.

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 it 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 affect 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

[[Page 41146]]

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 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 117

    Bridges.

    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. From 12:01 a.m. on July 31, 2001 until 11:59 p.m. on September 
3, 2001, temporarily suspend paragraph (r) and add temporary paragraph 
(vv) to read as follows:


Sec. 117.26  Atlantic Intracoastal Waterway from St. Mary's River to 
Key Largo.

* * * * *
    (vv) The Donald Ross Road Bridge shall open on signal; except that 
from 7 a.m. to 7 p.m., Monday through Friday except Federal holidays, 
both single spans need open only on the quarter-hour and three-quarter 
hour. On Saturdays, Sundays and Federal holidays from 8 a.m. to 6 p.m., 
both single spans 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.

    Dated: July 27, 2001.
J.S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 01-19727 Filed 8-6-01; 8:45 am]
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