[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Rules and Regulations]
[Pages 57384-57385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28619]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-01-056]
RIN 2115-AE47


Drawbridge Operation Regulations; Snake Creek Drawbridge, 
Islamorada, Florida

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulations 
governing the Snake Creek drawbridge (US 1) connecting Windley Key and 
Plantation Key at Islamorada, Florida. This rule requires the 
drawbridge to open on signal, except that from 8 a.m. until 4 p.m., the 
draw need open only on the hour and half-hour.

DATES: This rule is effective December 17, 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 [CGD07-01-056] and are available for inspection or 
copying at Seventh Coast Guard District, Bridge Branch, Miami, Florida, 
33131 between 7:30 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer, 
Seventh Coast Guard District, Bridge Branch, at (305) 415-6743.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On July 19, 2001 we published a notice of proposed rulemaking 
entitled Drawbridge Operation Regulations; Snake Creek Drawbridge, 
Islamorada, FL, in the Federal Register (66 FR 37615).

Background and Purpose

    The Snake Creek bascule bridge has a vertical clearance of 27 feet 
at mean high water and a horizontal clearance of 60 feet. It is a two 
lane, narrow, undivided arterial roadway, which is the only roadway 
into and out of the Florida Keys and is severely congested due to 
insufficient capacity. The bridge's current operating schedule is 
governed by the general bridge operation provision in 33 CFR Sec. 117.5 
that requires the bridge to open on demand.
    The bridge owner requested a modification of the existing schedule 
to allow the drawbridge to open on signal, except from 7 a.m. until 6 
p.m. when the draw would open on the hour and half-hour. This 
modification would ease the flow of vehicular traffic during peak 
traffic periods.

Discussion of Comments and Changes

    The Coast Guard received one comment letter regarding this proposed 
rule. The comment requested that the hour and half-hour regulation be 
from 8 a.m. until 4 p.m. instead of the proposed period from 7 a.m. 
until 6 p.m. After consultation with the bridge owner and city 
officials, we agree with this comment and have changed the proposed 
schedule accordingly.

Regulatory Evaluation

    This rule 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 proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary because 
the rule will still allow the bridge to open on a regular schedule.

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.
    This rule may affect the following entities, some of which might be 
small entities: the owners or operators of vessels intending to transit 
under the Snake Creek drawbridge. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule would not have a significant economic 
impact on a substantial number of small entities because the rule will 
still allow the bridge to open on a regular schedule.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities

[[Page 57385]]

in understanding the rule so that they could better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
will affect your small business, organization, or government 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule. 
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

    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 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 create an 
environmental risk to health or risk to 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 M16475.1D, 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 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--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 Public Law 102-587, 106 
Stat. 5039.

    2. Section 117.331 is added to read as follows:


Sec. 117.331  Snake Creek.

    The draw of the Snake Creek bridge, at Islamorada, Florida, shall 
open on signal, except that from 8 a.m. to 4 p.m., the draw need open 
only on the hour and half-hour.

    Dated: November 2, 2001.
D.B. Peterman,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 01-28619 Filed 11-14-01; 8:45 am]
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