[Federal Register Volume 67, Number 35 (Thursday, February 21, 2002)]
[Proposed Rules]
[Pages 7991-7992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4204]



[[Page 7991]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-01-143]
RIN 2115-AE47


Drawbridge Operation Regulations: Dania Beach Boulevard 
Drawbridge, Atlantic Intracoastal Waterway, Florida

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating regulations 
of the Dania Beach Boulevard drawbridge across the Atlantic 
Intracoastal Waterway, mile 1069.4, Fort Lauderdale, Florida. This 
proposed rule would allow the drawbridge to only open a single leaf on 
the quarter hour and three-quarter hour for a period of 45 days between 
September and October 2002. This action will allow the contractor to 
safely complete repairs to this drawbridge without closing the waterway 
to all vessel traffic.

DATES: Comments and related material must reach the Coast Guard on or 
before April 22, 2002.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 406, 
Miami, FL 33131. 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 [CGD07-01-143] and are available for 
inspection or copying at Commander (obr), Seventh Coast Guard District, 
909 S.E. 1st Avenue, Room 406, Miami, FL 33131 between 8 a.m. and 4:30 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Bridge Branch, 909 
S.E. 1st Ave, Miami, FL 33130, telephone number 305-415-6743.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD07-01-
143], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them. 
We anticipate making this proposed rule effective less than 30 days 
after publication in the Federal Register because we do not anticipate 
knowing the exact dates of the bridge closure until shortly before the 
rule will go into effect.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Bridge Branch, Seventh Coast Guard 
District, 909 S.E. 1st Ave, Room 406, Miami, FL 33131, explaining why 
one would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    The Dania Beach Boulevard drawbridge is a double span drawbridge 
that crosses the Intracoastal Waterway in Dania Beach, Florida. The 
bridge is 50 years old and in need of repair. This proposed rule will 
allow the bridge to only open a single leaf on the quarter hour and 
three-quarter hour while a contractor completes repairs to the bridge. 
This drawbridge has a vertical clearance of 22 feet in the closed 
position and a horizontal clearance of 45 feet between the fender and 
the unopened span.

Discussion of Proposed Rule

    The proposed rule allows the bridge to operate single leaf only for 
a period of 45 days between September and October 2002. In order to 
complete the necessary repairs, the west leaf will be placed in the 
down position for 22 days and then the east leaf will be placed in the 
down position for 23 days.
    The final rule will state the actual dates that each span will be 
closed. We anticipate making the final rule effective less than 30 days 
after publication in the Federal Register because we will likely not 
know the exact dates of the bridge closure until shortly before the 
rule will go into effect.

Regulatory Evaluation

    This proposed 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).
    We expect 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 
bridge will still be able to provide scheduled single leaf openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities because the bridge will continue to operate 
one span during the repairs.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment to the 
office listed under ADDRESSES explaining why you think it qualifies and 
how and to what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in FOR FURTHER 
INFORMATION CONTACT.

Collection of Information

    This proposed rule would call 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

[[Page 7992]]

impose a substantial direct cost of compliance on them. We have 
analyzed this proposed 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) 
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 proposed 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 proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32) (e) of Commandant 
Instruction M16475.lD, this proposed 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 proposes 
to amend 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. A new temporary Sec. 117.261 (rr) is added to read as follows:


Sec. 117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (rr) Dania Beach Boulevard bridge. The Dania Beach Boulevard 
bridge, mile 1069.4 at Fort Lauderdale, FL need only open a single leaf 
of the bridge on the quarter hour and three-quarter hour [a period of 
45 days during September and October 2002].
* * * * *

    Dated: February 8, 2002.
John E. Crowley, Jr.,
Captain, U.S. Coast Guard, Commander Seventh Coast Guard District, 
Acting.
[FR Doc. 02-4204 Filed 2-20-02; 8:45 am]
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