[Federal Register Volume 68, Number 149 (Monday, August 4, 2003)]
[Rules and Regulations]
[Pages 45784-45785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19543]



[[Page 45784]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-03-129]
RIN 1625-AA09


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Mile 1060.5 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 Oakland Park Boulevard Bridge, mile 
1060.5, Fort Lauderdale, Florida. Under this temporary rule, the Bridge 
need open only twice an hour. This temporary rule is required to allow 
the bridge owner to provide for worker safety while completing repairs 
to the bridge.

DATES: This rule is effective from 6 a.m. on July 28, 2003, to 8 p.m. 
on October 31, 2003.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD07-03-129 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 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:

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-
129], 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.

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 was 
impracticable and contrary to the public interest, because the rule was 
needed to allow the contractor to provide for worker safety while 
repairing the bridge. The emergency repair work is required before the 
winter season when there will be increased boating/vehicular traffic in 
the area. Also, since the temporary rule provides for regularly 
scheduled bridge openings, vessel traffic will not be unduly disrupted 
during the repair process.
    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 Federal 
Register publication. We received a request to change the bridge's 
operating schedule on June 10, 2003, to effect emergency repair work to 
the bridge before the busy winter season, and did not have sufficient 
time remaining to either publish an NPRM or delay the effective date of 
the rule. This temporary rule provides for scheduled bridge openings so 
as to allow the contractor to safely repair the bridge without 
disrupting vessel traffic.

Background and Purpose

    The Oakland Park Boulevard Bridge, mile 1060.5 at Fort Lauderdale, 
Broward County, Florida, has a vertical clearance of 22 feet at mean 
high water and a horizontal clearance of 88 feet between the fender 
systems. The existing operating regulations in 33 CFR 117.261 require 
the bridge to open on signal from May 16 to November 14 and to open at 
regular intervals during the winter season.
    PCL Contractors notified the Coast Guard on June 10, 2003, that 
work on the bascule leaves is scheduled from July 28, 2003, to October 
31, 2003. For safety reasons, they request a 30-minute opening schedule 
during this repair period. This action is necessary to provide for 
worker safety during repairs to the bridge and does not significantly 
hinder navigation, as regularly scheduled openings will be provided.

Discussion of Rule

    This temporary rule allows this bridge to open only on the quarter-
hour and three-quarter hour from July 28, 2003, to October 31, 2003. 
This action is necessary for workers' safety during repairs to the 
bridge and does not significantly hinder navigation.

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 rule will affect only a small percentage of vessel traffic 
through this bridge, as it is not yet the winter season. The impact on 
vessel traffic will, at most, be a 30-minute waiting period. Regularly 
scheduled openings will allow vessel traffic to transit the area.

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 would not have a significant economic impact on a substantial 
number of small entities, because the regulations will affect only a 
limited amount of marine traffic and will still provide for their 
navigation needs.
    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 
to the address under ADDRESSES. In your comment, explain 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 would 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.

[[Page 45785]]

    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. Though this 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 would 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.

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. 0170.1; 33 CFR 1.05-1(g); Section 117.255 also issued 
under authority of Pub. L. 102-587, 106 Stat. 5039.

0
2. From 6 a.m. on July 28, 2003, until 8 p.m. on October 31, 2003, 
Sec.  117.261, paragraph (ff), is suspended and new paragraph (uu) is 
added to read as follows:


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

* * * * *
    (uu) The Oakland Park Boulevard Bridge, mile 1060.5 at Fort 
Lauderdale, need open only on the quarter-hour and three-quarter-hour.
* * * * *

    Dated: July 22, 2003.
H.E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 03-19543 Filed 8-1-03; 8:45 am]
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