[Federal Register Volume 68, Number 63 (Wednesday, April 2, 2003)]
[Rules and Regulations]
[Pages 15943-15945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7996]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-02-077]
RIN 1625-AA09


Drawbridge Operation Regulations; Coronado Beach Bridge (SR 44), 
Intracoastal Waterway, New Smyrna Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the Coronado Beach bridge (SR44), Intracoastal Waterway, 
mile 845, New Smyrna Beach, Florida. This rule requires the bridge to 
open on signal, except that from 7 a.m. until 7 p.m., each day of the 
week, the bridge need only open on the hour, twenty minutes past the 
hour and forty minutes past the hour. This action is intended to 
improve movement of vehicular traffic while not unreasonably 
interfering with the movement of vessel traffic.

DATES: This rule is effective May 2, 2003.

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 [CGD7-02-077] and are available for inspection or 
copying at Commander (obr) Seventh Coast Guard District, 909 SE 1st 
Ave, 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 Manager, 
Seventh Coast Guard District, Bridge Branch, (305) 415-6743.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 7, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Coronado Beach Bridge 
(SR 44), Intracoastal Waterway, New Smyrna Beach, Florida in the 
Federal Register (67 FR 51157). We received twenty-four letters 
commenting on the proposed rule. No public hearing was requested, and 
none was held.

Background and Purpose

    On behalf of the City of New Smyrna Beach, the New Smyrna Beach 
Police Chief requested a change in regulations governing the operation 
of the Coronado Beach bridge (SR44) to ease vehicle traffic congestion 
on the causeway approaching the bridge and surrounding beachside 
intersections and roadways. The Coronado Beach bascule bridge is part 
of a two-lane, narrow, undivided arterial roadway. This roadway is 
severely congested due to insufficient vehicular capacity and year 
round tourism. The existing regulation for this bridge is published in 
33 CFR 117.5 and requires the bridge to open on signal. The bridge has 
a vertical clearance of 24 feet at mean high water and a horizontal 
clearance of 90 feet. This rule will facilitate vehicle traffic by 
placing the bridge on a predictable 20-minute opening schedule from 7 
a.m. until 7 p.m., each day of the week.

Discussion of Comments and Changes

    We received twenty-four letters concerning the proposed rule. 
Twenty-two of the letters supported the proposal. One letter from a 
commercial fisherman requested that a fifteen-minute schedule be 
adopted for weekdays and that the bridge open on signal for weekends, 
with exceptions for U.S. documented vessels with Coast Guard fishery 
and commercial towing endorsements, and emergency and Coast Guard 
vessels when the bridge should open on signal. One letter from the 
American Canadian Caribbean Line, Inc., requested that scheduled 
passenger vessels be exempt from the twenty-minute schedule.
    We have carefully considered the comments and decided not to change 
the proposed rule. We do not believe that a five-minute difference in 
scheduled bridge openings will significantly impact vessel traffic and 
the proposed rule meets the reasonable needs of navigation in the 
waterways surrounding the bridge. The Coast Guard does not believe 
there is a sufficient basis for excluding vessels with Coast Guard 
fishery and commercial towing endorsements from the twenty-minute 
schedule. Additionally, the weekend vessel traffic does not increase 
significantly while the vehicular traffic actually increases; 
therefore, the twenty-minute schedule is warranted for weekends too. 
Regularly scheduled passenger vessels should have no difficulties 
timing their departure to make one of the twenty-minute bridge 
openings.

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

[[Page 15944]]

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 rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary because this rule allows for three openings per 
hour from 7 a.m. until 7 p.m., each day, and openings on signal at all 
other times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 Coronado Beach bridge from the hours of 7 a.m. until 7 p.m. 
daily, as well as people who drive vehicles over the bridge from 7 a.m. 
until 7 p.m. daily, and local business owners. 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 this rule only slightly modifies the existing bridge operation 
schedule, the maximum waiting time for vessels to pass will be twenty-
minutes from 7 a.m. until 7 p.m., daily, and the average cycle time for 
a bridge opening is approximately 6 minutes.

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 in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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. Although 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.

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

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4307f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation. Under figure 2-1, paragraph (32)(e) of the 
Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170; 33 CFR 1.05-1(g); Section 117.255 also issued 
under authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. In Sec.  117.261, add paragraph (h) to read as follows:


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

* * * * *
    (h) Coronado Beach bridge (SR 44), mile 845 at New Smyrna Beach. 
The

[[Page 15945]]

 Coronado Beach bridge (SR 44), mile 845, shall open on signal, except 
that from 7 a.m. until 7 p.m., each day of the week, the draw need only 
open on the hour, twenty minutes past the hour and forty minutes past 
the hour.
* * * * *

    Dated: March 21, 2003.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-7996 Filed 4-1-03; 8:45 am]
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