[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Rules and Regulations]
[Pages 35903-35904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12730]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-02-034]
RIN 2115-AE47


Drawbridge Operation Regulations: Canaveral Barge Canal, Cape 
Canaveral, Brevard County, Florida

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily modifying the operating 
regulations of the Christa McAuliffe, State Road (SR) 3 bridge across 
the Canaveral Barge Canal at Cape Canaveral, Florida. This temporary 
rule allows the Christa McAuliffe, SR 3 bridge to remain closed for 
periods of time during the week and provides a temporary schedule for 
other times during the week. This rule is necessary to facilitate 
repairs to the bridge.

DATES: This rule is effective from 6:15 a.m. on May 15, 2002 until 
12:01 a.m. on September 1, 2002.

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 [CGD07-02-034] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, Room 432, 909 
S.E. 1st Avenue, Miami, Florida 33131-3050, between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Seventh Coast Guard 
District, Bridge Branch, telephone 305-415-6743.

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 a NPRM. Publishing a NPRM, which would 
incorporate a comment period before a final rule could be issued, would 
be contrary to the public interest because immediate action is needed 
to facilitate repairs to 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 Christa McAuliffe, SR 3 bridge, mile 1.0, across the Canaveral 
Barge Canal, is a twin, double bascule leaf bridge, with a vertical 
clearance of 21.6 feet at mean high water and a horizontal clearance of 
90.3 feet between fenders. The existing operating regulations for this 
bridge in 33 CFR 117.273(a) require the bridge to open on signal from 6 
a.m. to 10 p.m. except that, from 6:15 a.m. to 7:45 a.m. and from 3:30 
p.m. to 5:15 p.m. Monday through Friday, except Federal holidays, the 
draws need not open for the passage of vessels. From 10 p.m. to 6 a.m., 
everyday, the draws shall open on signal if at least three hours notice 
is given to the bridge tender. The draws shall open as soon as possible 
for the passage of public vessels of the United States, tugs with tows 
and vessels in distress.
    The Florida Department of Transportation requested that the Christa 
McAuliffe, SR 3 bridge operations be temporarily changed to allow 
needed repairs to the structure. This rule temporarily changes the 
bridge's operating regulations to require the bridge to open on signal, 
except from 6:15 a.m. to 8:15 a.m. and from 3 p.m. to 6 p.m., Monday 
through Friday except Federal holidays, the draws need not open for the 
passage of vessels. From 8:15 a.m. to 3 p.m., Monday through Friday 
except Federal holidays, the draws need only open on the hour and half 
hour for the passage of vessels. From 10 p.m. until 6 a.m., everyday, 
the draws shall open on signal if at least three hours notice is given 
to the bridge tender. The draws shall open as soon as possible for the 
passage of public vessels of the United States, tugs with tows and 
vessels in distress.

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 proposal to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of DOT is unnecessary because the regulations will only 
affect an area of limited marine traffic and this temporary rule still 
provides for scheduled openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered

[[Page 35904]]

whether this rule would have a significant economic effect upon 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 may be small 
entities: the owners or operators of vessels intending to transit the 
Canaveral Barge Canal under the Christa McAuliffe, SR 3 bridge between 
May 15, 2002 and September 1, 2002. 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 affect an area of limited marine traffic and this 
rule still provides for scheduled openings.

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 can 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 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. 1521-1538) 
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 the 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 safety that may disproportionately 
affect children.

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.

Environment

    The Coast Guard has considered the environmental impact of this 
rule and has concluded that under figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.1D, this rule is categorically excluded 
from further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket we have indicated under 
ADDRESSES.

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 authority of Pub. L. 102-587, 106 Stat. 
5039.


    2. From 6:15 a.m. on May 15, 2002, until 12:01 a.m. on September 1, 
2002, in  117.273, temporarily suspend paragraph (a) and add a 
new temporary paragraph (c) to read as follows:


 117.273  Canaveral Barge Canal.

* * * * *
    (c) The draws of the Christa McAuliffe bridge, SR 3, mile 1.0, near 
Indianola shall open on signal, except from 6:15 a.m. to 8:15 a.m. and 
from 3 p.m. to 6 p.m., Monday through Friday except Federal holidays 
the draws need not open. From 8:15 a.m. to 3 p.m., Monday through 
Friday except Federal holidays, the draws need only open on the hour 
and half hour for the passage of vessels. From 10 p.m. until 6 a.m., 
everyday, the draws shall open on signal if at least three hours notice 
is given to the bridge tender. The draws shall open as soon as possible 
for the passage of public vessels of the United States, tugs with tows 
and vessels in distress.

    Dated: May 9, 2002.
John E. Crowley, Jr.
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 02-12730 Filed 5-21-02; 8:45 am]
BILLING CODE 4910-15-U