[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Proposed Rules]
[Pages 27504-27505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12496]



[[Page 27504]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-02-160]
RIN 1625-AA09


Drawbridge Operation Regulations; Canaveral Barge Canal, Cape 
Canaveral, Brevard County, 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 Christa McAuliffe bridge, SR 3, across the Canaveral Barge Canal 
at Cape Canaveral, Florida. Under the proposed rule, the bridge need 
open only twice an hour from 6 a.m. to 10 p.m. for vessel traffic, 
except during the morning and evening rush hours when the bridge may 
remain closed to facilitate vehicular traffic. The proposed rule would 
also require the bridge to open with 3 hours notice from 10:01 p.m. to 
5:59 a.m. This change would improve the flow of vehicular traffic 
without significantly impacting the needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before July 21, 2003.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 S.E. 1st Ave., Room 432, 
Miami, FL 33131. Comments and material received from the public, as 
well as documents indicated in the preamble as being available in the 
docket, are part of [CGD07-02-160] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st 
Avenue, Room 432, 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, Seventh Coast Guard 
District, Bridge Branch, 909 S.E. 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-
160], 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

    A public meeting has not been scheduled for this proposed rule. 
However, you may submit a request for a meeting in writing to Bridge 
Branch, Seventh Coast Guard District, 909 SE 1st Ave, Room 432, 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 Christa McAuliffe bridge, SR 3, 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. The current operating regulations published in 33 CFR 117.273(a), 
provide for 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 bridge need not 
open for the passage of vessels. From 10:01 p.m. to 5:59 a.m., 
everyday, the bridge shall open on signal if at least three hours 
notice is given to the bridge tender. The bridge shall open as soon as 
possible for the passage of public vessels of the United States, tugs 
with tows and vessels in distress. The local residents requested a 
change to the current operating schedule to ease the flow of vehicular 
traffic on and off of Cape Canaveral through their neighborhood. On May 
22, 2002, a temporary final rule was published in the Federal Register 
(Volume 67, Number 99, pages 35903-35904) to facilitate repairs to the 
bridge. In pertinent part, for four months, from 8:15 a.m. to 3 p.m., 
Monday through Friday except Federal holidays, the draw opened on the 
hour and half hour for the passage of vessels. This temporary change to 
bridge openings for limited times during the day met the reasonable 
needs of navigation and the needs of vehicular traffic in the 
neighborhood while facilitating repair to the bridge. Additionally, the 
difference between the number of bridge openings under this proposed 
rule and the historical number of bridge openings under the existing, 
permanent rule is minimal. Accordingly, based on the results of the 
temporary rule and the minimal difference in bridge openings, the 
proposed rule will meet the reasonable needs of navigation on this 
waterway.

Discussion of Proposed Rule

    Under the proposed rule, the bridge need only open on the hour and 
half-hour from 6 a.m. to 10 p.m., except from 6:15 a.m. to 8:15 a.m. 
and from 3:10 p.m. to 5:59 p.m., Monday through Friday, except Federal 
holidays, the bridge need not open. From 10:01 p.m. to 5:59 a.m., 
everyday, the bridge shall open on signal if at least 3 hours advance 
notice is given to the bridge tender. The bridge shall open as soon as 
possible for the passage of tugs with tows, public vessels of the 
United States and vessels in distress.

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). The Coast Guard expects the economic impact of 
this proposed rule to be so minimal that a full Regulatory Evaluation 
is unnecessary, because the proposed rule only slightly modifies the 
current closure periods and still provides for regular openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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. The proposed rule only slightly modifies the 
current closure periods, because it still provides for two openings per 
hour during the daytime and allows for passage of tugs with tows on 
signal between 6 a.m. and 10 p.m.

[[Page 27505]]

    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 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this proposed 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 this 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult 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 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 regulatory 
actions not specifically required by law. 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 proposed rule would 
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 rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, 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. Comments on this 
section will be considered before we make the final decision on whether 
to categorically exclude this rule from further environmental review.

Indian Tribal Governments

    This proposed 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 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; 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.

    2. Section 117.273(a) is revised to read as follows:


Sec.  117.273  Canaveral Barge Canal.

    (a) The draws of the Christa McAuliffe bridge, SR 3, mile 1.0, 
across the Canaveral Barge Canal need only open daily for vessel 
traffic on the hour and half-hour from 6 a.m. to 10 p.m.; except that 
from 6:15 a.m. to 8:15 a.m. and from 3:10 p.m. to 5:59 p.m., Monday 
through Friday, except Federal holidays, the bridge need not open. From 
10:01 p.m. to 5:59 a.m., everyday, the bridge shall open on signal if 
at least 3 hours notice is given to the bridge tender. The bridge shall 
open as soon as possible for the passage of tugs with tows, public 
vessels of the United States and vessels in distress.
* * * * *

    Dated: May 5, 2003.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-12496 Filed 5-19-03; 8:45 am]
BILLING CODE 4910-15-P