[Federal Register Volume 68, Number 223 (Wednesday, November 19, 2003)]
[Rules and Regulations]
[Pages 65175-65177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28814]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-02-160]
RIN 1625-AA09


Drawbridge Operation Regulation; Canaveral Barge Canal, Cape 
Canaveral, Brevard County, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the operating regulations of the 
Christa McAuliffe Bridge, SR 3, across the Canaveral Barge Canal at 
Cape Canaveral, Florida. Under this final rule, the bridge need open 
only twice an hour from 6 a.m. to 10 p.m. for vessel traffic, except 
during the morning and evening rush hours when the bridge may remain 
closed to facilitate vehicular traffic. The rule will also require the 
bridge to open with 3 hours notice from 10:01 p.m. to 5:59 a.m. This 
change will improve the flow of vehicular traffic without significantly 
impacting the needs of navigation.

DATES: This rule is effective December 19, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD07-02-160] 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. The Bridge Branch of the 
Seventh Coast Guard District maintains the public docket for this 
rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer, 
Seventh Coast Guard District, Bridge Branch, at (305) 415-6743.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On May 20, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Canaveral Barge 
Canal, Cape Canaveral, Brevard County, FL, in the Federal Register (68 
FR 27504). We received two letters commenting on the proposed rule. No 
public meeting was requested, and none was held.

Background and Purpose

    The Christa McAuliffe Bridge, SR 3, across the Canaveral Barge 
Canal is a twin, double bascule leaf bridge with a vertical clearance 
of 21.6 feet at mean high water and a horizontal clearance of 90.3 
feet. The current operating regulations, published in 33 CFR 
117.273(a), provide for the bridge to open on signal from 6 a.m. to 10 
p.m. except that, from 6:15 a.m. to 7:45 a.m. and from 3:30 p.m. to 
5:15 p.m., Monday through Friday, except Federal holidays, the bridge 
need not open for the passage of vessels. From 10:01 p.m. to 5:59 a.m., 
everyday, the bridge shall open on signal if at least three hours 
notice is given to the bridge tender. The bridge shall open as soon as 
possible for the passage of public vessels of the United States, tugs 
and tows and vessels in distress. The local residents requested a 
change to the current operating schedule to ease the flow of vehicular 
traffic on and off of Cape Canaveral through their neighborhood. On May 
22, 2002, a temporary final rule was published in the Federal Register 
(67 FR 35903) to facilitate repairs to the bridge. In pertinent part, 
for four months, from 8:15 a.m. to 3 p.m., Monday through Friday except 
Federal holidays, the draw opened on the hour and half hour for the 
passage of vessels. This temporary change to the bridge openings for a 
limited time during the day met the reasonable needs of navigation and 
improved the flow of vehicular traffic in the neighborhood while 
facilitating repairs to the bridge. In addition, the difference between 
the number of bridge openings under the temporary rule and the 
historical number of bridge openings under the existing, permanent rule 
is minimal. Accordingly, based on the results of the temporary rule and 
the minimal difference in bridge openings, the final rule will meet the 
reasonable needs of navigation on this waterway.

[[Page 65176]]

Discussion of Comments and Changes

    We received two comments concerning this rule, one from the Florida 
Division of Historical Resources, which determined that this rule did 
not affect historical properties, and one from a concerned citizen, 
which stated that the rule would not relieve vehicular traffic 
congestion due to the dynamics of vehicular traffic routing problems in 
a nearby intersection. While the intersection in question may 
contribute to overall traffic difficulties, this rule will assist in 
easing traffic flow during peak vehicular hours of movement to and from 
Cape Canaveral.

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. 
The final rule only slightly modifies the current closure periods, from 
6:15 a.m. to 7:45 a.m. and 3:30 p.m. to 5:15 p.m., to 6:15 a.m. to 8:15 
a.m. and 3:10 p.m. to 5:59 p.m. The final rule also continues to 
provide for regular openings, from 6 a.m. to 10 p.m., twice an hour, 
which results in almost the same number of openings provided under the 
existing rule.

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 
would not have a significant economic impact on a substantial number of 
small entities.

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 can better evaluate its 
effects on them and participate in the rulemaking process. 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 will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this 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. 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 M16475.1D, 
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. Coast Guard categorical exclusions include 
the promulgation of operating regulations for drawbridges by the Bridge 
Administration Program.

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

[[Page 65177]]

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


0
2. Sec.  117.273(a) is revised to read as follows:


Sec.  117.273  Canaveral Barge Canal.

    (a) The draws of the Christa McAuliffe bridge, SR 3, mile 1.0, 
across the Canaveral Barge Canal need only open daily for vessel 
traffic on the hour and half-hour from 6 a.m. to 10 p.m.; except that 
from 6:15 a.m. to 8:15 a.m. and from 3:10 p.m. to 5:59 p.m., Monday 
through Friday, except Federal holidays, the bridge need not open. From 
10:01 p.m. to 5:59 a.m., everyday, the bridge shall open on signal if 
at least 3 hours notice is given to the bridge tender. The bridge shall 
open as soon as possible for the passage of tugs with tows, public 
vessels of the United States and vessels in distress.
* * * * *

    Dated: October 31, 2003.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 03-28814 Filed 11-18-03; 8:45 am]
BILLING CODE 4910-15-P