[Federal Register Volume 68, Number 155 (Tuesday, August 12, 2003)]
[Rules and Regulations]
[Pages 47850-47851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20506]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-03-071]
RIN 1625-AA09


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Mile 964.8 at Fort Pierce, St. Lucie 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 Fort Pierce North Bridge, mile 964.8, 
Fort Pierce, Florida. Under this temporary final rule, the bridge need 
open only a single-leaf every 20 minutes. Double-leaf openings will be 
available on certain dates with a two-hour advance notice to the bridge 
tender. This temporary rule is required to allow the bridge owner to 
safely complete repairs to the bridge.

DATES: This rule is effective from 6 a.m. on August 1, 2003 to 8 p.m. 
on January 9, 2004.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD07-03-071, 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. Publishing an NPRM is 
impracticable and contrary to the public interest, because it would 
delay immediate and required repairs to the bridge.
    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. The contractor, PCL, needs to 
immediately perform necessary repairs to the bridge. In order to do the 
repairs and ensure worker and public safety, this temporary final rule 
is required. This temporary rule requires scheduled bridge openings, 
which provide for the reasonable needs of navigation, and will allow 
the contractor the time needed to safely repair the bridge.

Background and Purpose

    The Fort Pierce North Bridge, mile 964.8 at Fort Pierce, St. Lucie 
County, Florida, has a vertical clearance of 26 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.
    PCL Contractors notified the Coast Guard that work was needed on 
the bascule leaves of the Bridge beginning May 5, 2003, and continuing 
until January 9, 2004. The repair involves welding deck plates, 
painting, and rebalancing each leaf. In order to provide for worker and 
public safety, they requested a 20-minute single-leaf opening schedule. 
Additionally, since both leaves of the Bridge will be unable to open 
simultaneously, two-hours advance notice will be required to effect a 
double-leaf opening whenever necessary. However, from 6 a.m. on August 
1, 2003, to 6 p.m. on August 10, 2003, the contractor will be 
performing counterweight girder modifications to the Bridge, and the 
Bridge will not be able to effect a double-leaf opening at any time 
during this period, but will open only a single-leaf. This temporary 
final rule will facilitate immediate and necessary repairs to the 
Bridge and address worker and public safety issues without 
significantly hindering navigation.

Discussion of Rule

    From 6:01 p.m. August 1, 2003, to 8 p.m. January 9, 2004, this 
temporary rule requires the Bridge to open a single-leaf on a 20-minute 
schedule and provide double-leaf openings with two hours notice to the 
Bridge tender. This action is necessary to facilitate bridge repairs 
safely without significantly hindering navigation. During this time of 
year, the majority of vessels that require a double-leaf opening are 
traversing the open ocean, and not using the Intracoastal Waterway, due 
to favorable, seasonal weather.

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 limited amount of marine traffic.

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 rule 
would not have a significant economic impact on a substantial number of 
small entities, because the regulations will affect only marine traffic 
that require double-leaf bridge openings. The impact will be limited to 
providing a two-hour advance notice to the bridge tender for a double-
leaf opening. For a short period, vessels that require double-leaf 
openings will not be able to pass through at all; however, these types 
of vessels would most likely be traversing the open ocean and not using 
the Intracoastal Waterway, due to favorable, seasonal weather.

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 final rule so that they can 
better evaluate its effects on them and participate in the

[[Page 47851]]

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.
    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 final 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 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.


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 August 1, 2003, until 8 p.m. on January 9, 2004, 
Sec.  117.261, a new paragraph (m) is added to read as follows:


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

* * * * *
    (m) The North Bridge, mile 964.8 at Fort Pierce, need open only a 
single-leaf on the hour, 20-minutes after the hour, and 40-minutes 
after the hour, except that, from 6:01 p.m., August 10, 2003, until 8 
p.m., January 9, 2004, both leaves of the bridge will open if the 
bridge tender receives a two-hour advance notice requesting a double-
leaf opening.
* * * * *

    Dated: July 28, 2003.
H.E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-20506 Filed 8-11-03; 8:45 am]
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