[Federal Register Volume 68, Number 81 (Monday, April 28, 2003)]
[Rules and Regulations]
[Pages 22294-22296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10290]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-03-048]
RIN 1625-AA09


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Miles 1062.6 and 1064.0 at Fort Lauderdale, Broward County, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the regulations 
governing the operation of the East Sunrise Boulevard (SR 838) and East 
Las Olas bridges, miles 1062.6 and 1064.0, in Fort Lauderdale, Florida. 
This temporary rule allows these bridges to not open for periods of 
time on May 3 and 4, 2003, to facilitate the vehicle traffic flow to 
and from the Air & Sea Show, while still providing for the reasonable 
needs of navigation.

DATES: This rule is effective from 4 p.m. on May 3 to 6 p.m. on May 4, 
2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of this docket and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 SE. 1st 
Avenue, Room 432, Miami, FL 33131 between 7:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Project Officer, 
Seventh Coast Guard District, Bridge Branch at (305) 415-6744.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NRPM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM for this regulation. Publishing 
an NPRM was impracticable and contrary to the public interest. There 
was insufficient time remaining to publish an NPRM after we received 
this request to change the bridges' operating schedules, and further 
delaying the event to follow normal rulemaking procedures before 
incorporating this important safety measure would have a significant 
negative effect on the outcome of this highly-attended event.
    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. We did not receive this request to 
change the bridges' operating schedules with sufficient time remaining 
to delay the rule's effectiveness until 30 days after its publication. 
Further, delaying the event to follow normal rulemaking procedures 
before incorporating this important safety measure would have a 
significant negative effect on the outcome of this highly-attended 
event.

Background and Purpose

    The East Las Olas Boulevard bridge, mile 1064.0, has a vertical 
clearance of 31 feet above mean high water and a horizontal clearance 
of 91 feet between

[[Page 22295]]

the fenders. The existing regulations in 33 CFR 117.5 require the 
bridge to open on signal.
    The East Sunrise Boulevard bridge (SR 838), mile 1062.6, has a 
vertical clearance of 25 feet at mean high water and a horizontal 
clearance of 90 feet between the fenders. The existing regulation is 33 
CFR 117.261(gg) and requires the bridge to open on signal; except that 
from November 15 to May 15, from 10 a.m. to 6 p.m., the draw need open 
only on the hour, quarter-hour, half-hour and three-quarter hour.
    The City of Fort Lauderdale Police Department, on behalf of the 
City of Fort Lauderdale, recently requested that the Coast Guard 
temporarily change the operating regulations for these bridges during 
parts of the 2003 Air and Sea Show to allow the considerable volume of 
vehicular and pedestrian traffic to be routed from the beach as safely 
and quickly as possible. These temporary changes to the bridge 
operating regulations will require the East Sunrise Boulevard (SR 838) 
and East Las Olas bridges in Fort Lauderdale, Florida to remain closed 
from 4 p.m. to 6 p.m. and 9:45 p.m. to 10:45 p.m. on May 3, 2003, and 
from 4 p.m. to 6 p.m. on May 4, 2003, except that, the East Sunrise 
Boulevard bridge (SR 838) may open at 4:45 p.m. and 5:30 p.m. each day, 
and the East Las Olas bridge may open at 4:30 p.m. and 5:15 p.m. each 
day on May 3 and 4, 2003. In accordance with 33 CFR 117.261 (a), public 
vessels of the United States, tugs with tows, and vessels in a 
situation where a delay would endanger life or property shall, upon 
proper signal, be passed through the draw of each bridge at any time.

Discussion of Rule

    This temporary rule allows these bridges to remain closed for 
periods of time on May 3 and 4, 2003, to facilitate the vehicle traffic 
flow to and from the Air & Sea Show. The bridges' operating schedules 
will only be changed for a total of five hours over a two-day period 
and include two openings each day during each afternoon period affected 
by this temporary rule, and the longest a vessel will have to wait for 
an opening is one hour during the evenings of May 3, 2003, and May 4, 
2003.

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 Homeland 
Security (DHS). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary. 
The bridges' operating schedules will only be changed for five hours 
over a two-day period and include two openings each day during each 
afternoon period affected by this temporary rule, and the longest a 
vessel will have to wait for an opening is one hour during the evenings 
of May 3, 2003, and May 4, 2003.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this temporary 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 temporary 
rule will not have a significant economic impact on a substantial 
number of small entities as the regulations will only be changed for 
five hours over a two-day period and include two openings each day 
during each afternoon period affected by this temporary rule, and the 
longest a vessel will have to wait for an opening is one hour during 
the evenings of May 3, 2003, and May 4, 2003.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this temporary 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 (Public Law 104-121), we want to assist small 
entities in understanding this temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If this 
temporary rule affects 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.
    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 temporary 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 
Executive Order 13132 and have determined that this rule 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 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 temporary rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in the 
preamble.

Taking of Private Property

    This 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 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.

[[Page 22296]]

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would 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 proposed 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. 4321-4370f), 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 the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. From 4 p.m. on May 3, 2003 until 6 p.m. on May 4, 2003, in Sec.  
117.261, temporarily suspend paragraph (gg) and add temporary 
paragraphs (ss) and (tt) to read as follows:


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

* * * * *
    (ss) East Las Olas bridge, mile 1064 at Fort Lauderdale. The draw 
shall open on signal except that on May 3 and 4, 2003, from 4 p.m. to 6 
p.m. each day, the draw need only open at 4:30 p.m. and 5:15 p.m., and 
on May 3, 2003, from 9:45 p.m. to 10:45 p.m., the draw need not open.
    (tt) East Sunrise Boulevard bridge (SR 838), mile 1062.6 at Fort 
Lauderdale. The draw shall open on signal except that on May 3 and 4, 
2003, from 4 p.m. to 6 p.m. each day, the draw need only open at 4:45 
p.m. and 5:30 p.m., and, on May 3, 2003, from 9:45 p.m. to 10:45 p.m., 
the draw need not open.


    Dated: April 16, 2003.
James S. Carmichael,
Rear Admiral, Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 03-10290 Filed 4-25-03; 8:45 am]
BILLING CODE 4910-15-P