[Federal Register Volume 68, Number 114 (Friday, June 13, 2003)]
[Rules and Regulations]
[Pages 35296-35297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14987]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-03-051]
RIN 1625-AA09


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Mile 1070.5 at Hollywood, 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 Sheridan Street Bridge, mile 1070.5, 
Hollywood, Broward County, Florida. This temporary rule allows this 
bridge to limit openings to a single leaf not more than once every 20 
minutes. Double-leaf openings will be available during certain times 
with a two-hour advance notice to the bridge tender. This temporary 
rule is necessary to allow the bridge owner to safely complete repairs 
to the bridge.

DATES: This rule is effective from 7 a.m. on June 5, 2003 to 6 p.m. on 
September 26, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD07-03-051] and are available for 
inspection or copying at Commander (obr), Seventh Coast Guard District, 
909 S.E. 1st Avenue, Room 432, Miami, Florida 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. Publishing an NPRM would be 
impracticable and contrary to the public interest. Publishing an NPRM 
and delaying the effective date of the rule would adversely affect 
public safety by delaying the contractor's ability to safely repair the 
bridge.
    For the same reasons, 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 Sheridan Street Bridge, mile 1070.5 at Hollywood, Broward 
County, Florida, has a vertical clearance of 22 feet at mean high water 
and a horizontal clearance of 45 feet between the down span and the 
fender system. The existing operating regulations in 33 CFR 117.5 
require the bridge to open on signal.
    On February 28, 2003, PCL Contractors requested that the Coast 
Guard modify the bridge opening schedule because of safety issues 
including, but not limited to, welding deck plates and modifying 
counterweight girders. Specifically, they requested that the bridge 
open only a single leaf no more than every 20 minutes with double-leaf 
openings available, during certain periods, with two hours advance 
notice given to the bridge tender. Double-leaf openings, however, will 
not be available from June 5 until July 3, 2003, because painting tarps 
will be in position to catch lead paint. Also, workers will be 
modifying the bridge's counterweights at that time. The contractor will 
be working 24 hours a day, seven days a week to complete bridge repairs 
as quickly as possible. This rule is necessary to ensure worker safety 
during repairs to the bridge and does not significantly hinder 
navigation. During this time of year, the majority of vessels that 
would normally require a double-leaf opening will be traversing the 
open ocean and not using the Intracoastal Waterway.

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, 
because the regulations affect a limited amount of marine traffic and 
only for certain periods. Most vessels will be able to safely transit 
through a single span of the bridge, and both spans of the bridge will 
open with two hours advance notice to the bridge tender, except from 
June 5 until July 3, 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. Most vessels will be able to safely transit 
through a single span of the bridge, and both spans of the bridge can 
be opened with two hours advanced notice to the bridge tender, except 
from June 5 to July 3, 2003.

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 temporary rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If this 
temporary rule will affect 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).

[[Page 35297]]

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 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 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 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 might 
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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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. 4321-4370f), 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.

    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; 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. From 12:01 a.m. on June 5, 2003, until 6 p.m. on September 26, 2003, 
in Sec.  117.261, add a new paragraph (tt) to read as follows:


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

* * * * *
    (tt) The Sheridan Street Bridge, mile 1070.5 at Hollywood, need 
only open a single leaf of the bridge on the hour, 20 minutes after the 
hour, and 40 minutes after the hour, except that from 6:01 p.m. July 3, 
2003, until 6 p.m. on September 26, 2003, both leaves of the bridge 
will open at these times if the drawtender receives two hours advance 
notice requesting a double-leaf opening.

    Dated: May 30, 2003.
James S. Carmichael,
Rear Admiral, Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 03-14987 Filed 6-12-03; 8:45 am]
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