[Federal Register Volume 68, Number 136 (Wednesday, July 16, 2003)]
[Rules and Regulations]
[Pages 41918-41919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17984]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-03-076]
RIN 1625-AA09


Drawbridge Operation Regulations; Brooks Memorial (S.E. 17th 
Street) Bridge, Atlantic Intracoastal Waterway Mile 1065.9, Fort 
Lauderdale, Florida

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is temporarily changing the operation of the 
new Brooks Memorial (SE. 17th Street) bridge across the Atlantic 
Intracoastal Waterway, Fort Lauderdale, Florida. This temporary rule 
requires the bridge to open on signal, except from 7 a.m. to 7 p.m. 
daily, the bridge need open only on the hour and half-hour.

DATES: This temporary rule is effective from 12:01 a.m. on July 16, 
2003 until 6 p.m. on January 2, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD07-03-076] and are available for 
inspection or copying at room 432, Seventh Coast Guard District, Bridge 
Branch, 909 SE. 1st Avenue, 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, Bridge Branch, 
909 SE 1st Ave, Miami, Florida 33131, telephone number 305-415-6744.

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 [CGD07-03-
076], 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 and may change this temporary rule in view of them.

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 because traffic studies 
indicate vehicular congestion in this area directly related to this 
bridge opening.
    For the same reason, 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 Brooks Memorial (SE. 17th Street) bridge was replaced with a 
high-level bridge, which provides a vertical clearance of 55 feet above 
mean high water in the closed position and a horizontal clearance of 
125 feet between fenders. The regulations for the old bridge were 
published in 33 CFR 117.261(hh) and will be removed as they do not 
apply to the new bridge. The new bridge has been operating on the old 
operating schedule since construction. Even though the new bridge has a 
higher vertical clearance than the old bridge, the number of openings 
has only slightly decreased because most sailboats still require a 
bridge opening. This temporary rule is intended to allow the Coast 
Guard to evaluate the adequacy of a half-hour schedule during the 
summer and winter daytime hours before a permanent rule is proposed.

Discussion of Rule

    This temporary rule will require the Brooks Memorial (SE. 17th 
Street) bridge, mile 1065.9 at Fort Lauderdale, to open on signal; 
except that from 7 a.m. to 7 p.m. the draws need open only on the hour 
and half-hour.

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). 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 the rule still provides 
for at least two openings every hour.

[[Page 41919]]

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 because the rule still provides for at least 
two openings every hour.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this temporary rule 
will 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 will 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 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).

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 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 temporary rule will 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 the 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. 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. From 12:01 a.m. on July 16, 2003, until 6 p.m. on January 2, 2004, 
in Sec.  117.261, suspend paragraph (hh) and add a new paragraph (uu) 
to read as follows:


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

* * * * *
    (uu) The Brooks Memorial (SE. 17th Street) bridge, mile 1065.9 at 
Fort Lauderdale, shall open on signal; except that from 7 a.m. to 7 
p.m. the draws need open only on the hour and half-hour.

    Dated: July 3 2003.
Harvey Johnson Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-17984 Filed 7-15-03; 8:45 am]
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