[Federal Register Volume 68, Number 195 (Wednesday, October 8, 2003)]
[Rules and Regulations]
[Pages 58018-58019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25415]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD11-03-001]
RIN 1625-AA09


Drawbridge Operation Regulation; Cerritos Channel, Long Beach, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary rule.

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SUMMARY: The Commander, Eleventh Coast Guard District, is temporarily 
changing the regulation governing the Heim Drawbridge, mile 4.9 
Cerritos Channel, Long Beach, CA, so the drawbridge need not open for 
vessel traffic on weekends and evenings during October and November, 
2003. California Department of Transportation (``Caltrans'') requested 
this temporary change to perform essential deck repairs on the 
drawbridge.

DATES: This temporary rule is effective from 7 p.m. on October 2, 2003, 
to 6 a.m. on November 21, 2003.

ADDRESSES: Documents referred to in this rule are available for 
inspection and copying at Commander (oan), Eleventh Coast Guard 
District, Building 50-3, Coast Guard Island, Alameda, CA 94501-5100, 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: David H. Sulouff, Chief, Bridge 
Section, Eleventh Coast Guard District, telephone (510) 437-3516.

SUPPLEMENTARY INFORMATION:

Good Cause for Not Publishing an NPRM

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. This rule is being promulgated 
without an NPRM due to the short time frame between the submission of 
the request and the start date of the scheduled repairs.

Good Cause for Making Rule Effective in Less Than 30 Days

    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 Coast Guard received the 
request for the temporary change less than 30 days prior to the 
scheduled repairs. Delaying the effective date of this rule would be 
contrary to the public interest because the deck of the bridge is in 
need of repairs and the repairs require the bridge to be in the closed-
to-navigation position for extended periods of time. This event has 
been thoroughly coordinated with waterway users and no objections have 
been received. There is an alternative path for navigation around 
Terminal Island and the repair work will occur during evening hours 
when there is less waterway activity.

Background and Purpose

    Caltrans has requested a temporary change to the operation of the 
Heim Drawbridge, mile 4.9 Cerritos Channel in Long Beach, CA. The Heim 
Drawbridge navigation span provides vertical clearance of 37 feet above 
Mean High Water in the closed-to-navigation position. The waterway is 
navigated by commercial, recreational, and emergency response 
watercraft. Presently, 33 CFR 117.147 requires the draw to open on 
signal for the passage of vessels, except during established workday 
rush hours. In order to repair the deck of the bridge, Caltrans 
requested the drawbridge temporarily be allowed to remain closed to 
navigation on the weekends from 7 p.m. Friday until 6 a.m. Monday, and 
for the bridge to remain closed during the work week each night from 7 
p.m. until 6 a.m., Monday through Friday. This temporary rule is 
effective from 7 p.m. on October 2, 2003, to 6 a.m. on November 21, 
2003. During this time Caltrans will perform essential deck repairs on 
the drawspan. This temporary drawbridge operation amendment has been 
coordinated with the waterway users. No objections to the proposed 
temporary rule were raised.

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 
temporary rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) of the regulatory policies and procedures of DOT is 
unnecessary. This is because waterway traffic has an alternative route 
and is not likely to be delayed more than one hour.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 will 
not have a significant economic impact on a substantial number of small 
entities as none will be affected by the temporary rule.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. None 
were identified as being present on the waterway during the temporary 
rule.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act (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

[[Page 58019]]

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 will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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. 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.

Environment

    We have analyzed this 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 no factors in this case 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 as a promulgation of operating regulations or procedures 
for drawbridges. A Categorical Exclusion Determination is available in 
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. From 7 p.m. on October 2 to 6 a.m. November 21, 2003, in Sec.  
117.147, paragraph (a) is suspended and a new paragraph (c) is 
temporarily added to read as follows:


Sec.  117.147  Cerritos Channel.

* * * * *
    (c) From 7 p.m. on October 2, 2003, to 6 a.m. on November 21, 2003, 
the draw of the Commodore Schuyler F. Heim highway bridge, mile 4.9 at 
Long Beach, need not open for vessels on weekends from 7 p.m. each 
Friday until 6 a.m. each Monday, and during weekdays, the draw need not 
open from 7 p.m. until 6 a.m., each night, Monday through Friday. 
During these times, the draw may remain closed to navigation.

    Dated: September 30, 2003.
J.M. Hass,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard 
District.
[FR Doc. 03-25415 Filed 10-7-03; 8:45 am]
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