[Federal Register Volume 68, Number 53 (Wednesday, March 19, 2003)]
[Proposed Rules]
[Pages 13242-13244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6637]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-02-141]
RIN 1625-AA09 (Formerly 2115-AE47)


Drawbridge Operation Regulations; Caloosahatchee River Bridge (SR 
29), Okeechobee Waterway, LaBelle, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating regulations 
of the Caloosahatchee River bridge (SR 29), Okeechobee Waterway, mile 
103, LaBelle, Florida. This proposed rule would require the bridge to 
open on signal, except during the morning and evening rush hours when 
the bridge need not open. Tugs with tows, public vessels of the United 
States, and vessels in distress would be passed at any time. This 
proposed rule is intended to improve the movement of vehicular traffic 
during rush hour periods while not unreasonably interfering with the 
needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before May 19, 2003.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432, 
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 (CGD07-02-141) and are available for 
inspection or copying at Commander (obr), Seventh Coast Guard District, 
909 SE. 1st Avenue, Miami, Florida 33131 between 8 a.m. and 4:30 p.m., 
Monday through Friday, except Federal holidays.

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FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Bridge Branch, 909 
SE. 1st Ave, Miami, FL 33131, 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 (CGD07-02-
141), 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.

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 SE. 1st Ave, Room 432, Miami, Florida 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 Caloosahatchee River bridge (SR 29) is a two-lane, narrow, 
undivided arterial roadway. The waterway has safe waiting areas on each 
side of the bridge for all vessels, however the waterway is 
predominately used by small to mid-sized recreational vessels. The 
roadway is severely congested due to insufficient vehicular capacity. 
The existing operating schedule is published in 33 CFR 117.5 and 
requires the bridge to open on signal. The Mayor of Labelle requested 
that the bridge be allowed to remain in the closed position during the 
morning and evening rush hours to facilitate vehicular traffic 
movement. This proposed rule would continue to require the drawbridge 
to open on signal, except that from 7 a.m. until 9 a.m. and from 4 p.m. 
until 6 p.m., Monday through Friday, except Federal holidays, the draw 
need not open. Tugs with tows, public vessels of the United States and 
vessels in distress would be passed at any time.

Discussion of Proposed Rule

    In order to facilitate vehicular traffic flow while not 
unreasonably impacting navigation, the Coast Guard proposes to require 
the Caloosahatchee River bridge (SR 29) to open on signal, except that 
from 7 a.m. until 9 a.m. and from 4 p.m. until 6 p.m., Monday through 
Friday, except Federal holidays, the bridge need not open. Tugs with 
tows, public vessels of the United States and vessels in distress would 
be passed at any time. This proposed rule would facilitate the movement 
of vehicle traffic across the bridge while not unreasonably interfering 
with or decreasing vessel safety while awaiting passage through the 
draw.

Regulatory Evaluation

    This proposed 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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary because this proposed rule would 
only slightly modify the existing bridge operation schedule during 
weekday vehicle traffic rush hours.

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.
    This proposed rule may affect the following entities, some of which 
might be small entities: the owners or operators of vessels and 
vehicles intending to transit under and over the Caloosahatchee River 
bridge (SR 29) during the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 
p.m., Monday through Friday, except Federal holidays. 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 this proposed rule only slightly modifies the existing bridge 
operation schedule during weekday vehicle traffic rush hours.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see 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 under FOR 
FURTHER INFORMATION CONTACT.
    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 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 impose a substantial 
direct cost of compliance on them. We have analyzed this proposed 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

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State, local, or tribal government, in the aggregate, or by the private 
sector of $100,000,000 or more in any one year. Although 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 proposed 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 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 authority of Pub. L. 102-587, 106 Stat. 
5039.

    2. Section 117.317(k) is added to read as follows:


Sec.  117.317  Okeechobee Waterway.

* * * * *
    (k) Caloosahatchee River Bridge (SR 29), mile 103, Labelle, 
Florida. The Caloosahatchee River bridge (SR 29), mile 103, shall open 
on signal, except that from 7 a.m. until 9 a.m. and from 4 p.m. until 6 
p.m., Monday through Friday, except Federal holidays, the bridge need 
not open. Tugs with tows, public vessels of the United States and 
vessels in distress shall be passed at any time.

    Dated: February 24, 2003.
James S. Carmichael,
Rear Admiral, Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 03-6637 Filed 3-18-03; 8:45 am]
BILLING CODE 4910-15-P