[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Proposed Rules]
[Pages 2552-2554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1057]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-03-166]
RIN 1625-AA09


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Miles 1062.6 and 1064.0 in Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating regulations 
of the

[[Page 2553]]

East Sunrise Boulevard (SR 838) and East Las Olas bridges, miles 1062.6 
and 1064.0, in Fort Lauderdale, Broward County, Florida. The 
drawbridges would be allowed to remain closed to navigation for periods 
of time during the first weekend of May to facilitate vehicle traffic 
flow to and from the Air and Sea Show each year.

DATES: Comments and related material must reach the Coast Guard on or 
before March 16, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432, 
Miami, FL 33131. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at Commander (obr), Seventh Coast Guard District, 
909 SE. 1st Avenue, Room 432, Miami, FL 33131 between 8 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-
166], 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 ruing the 
comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Bridge Branch, Seventh Coast Guard 
District, 909 SE. 1st Avenue, Room 432, Miami, FL 33131, explaining why 
one would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    The East Las Olas Boulevard bridge, mile 1064.0, has a vertical 
clearance of 31 feet above mean high water and a horizontal clearance 
of 91 feet between the fenders. The existing regulation in 33 CFR 117.5 
requires the bridge to open on signal.
    The East Sunrise Boulevard bridge (SR 838), mile 1062.6, has a 
vertical clearance of 25 feet at mean high water and a horizontal 
clearance of 90 feet between the fenders. The existing regulation is 33 
CFR 117.261(gg) requires the bridge to open on signal; except that from 
November 15 to May 15, from 10 a.m. to 6 p.m., the draw need open only 
on the hour, quarter-hour, half-hour and three-quarter hour.
    Annually, the City of Fort Lauderdale Police Department, on behalf 
of the City of Fort Lauderdale, requests that the Coast Guard 
temporarily change the operating regulations for these bridges during 
parts of the annual Air and Sea Show to allow the considerable volume 
of vehicular and pedestrian traffic to be routed as safely and quickly 
as possible. The proposed changes to these bridge operating regulations 
would allow the East Sunrise Boulevard (SR 838) and East Las Olas 
bridges in Fort Lauderdale, Florida to remain closed to navigation from 
4 p.m. to 6 p.m. and from 9:45 p.m. to 10:45 p.m. on Saturday, and from 
4 p.m. to 6 p.m. on Sunday, the first weekend of May.
    Previously, each year the Coast Guard issued a temporary rule that 
provided for bridge openings at the East Sunrise Boulevard bridge (SR 
838) at 4:45 p.m. and 5:30 p.m. each day, and at the East Las Olas 
bridge at 4:30 p.m. and 5:15 p.m. each day, for the Air and Sea Show. 
No openings were requested during these times for the last two years. 
For this reason, the provision for bridge openings at these specified 
times have been removed from this proposed rule. In accordance with 33 
CFR 117.261 (a), public vessels of the United States, tugs with tows, 
and vessels in a situation where a delay would endanger life or 
propertywould, upon proper signal, be passed through the draw of each 
bridge at any time.

Discussion of Proposed Rule

    This proposed rule would allow these bridges to remain closed for a 
period of time on Saturday and Sunday during the first weekend of May, 
each year, to facilitate the flow of vehicular traffic to and from the 
Air and Sea Show. The bridges' operating schedules would only be 
changed by allowing them to remain closed to navigation for a total of 
five hours over a two-day period.

Regulatory Evaluation

    This proposed 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. This proposed rule would modify the existing 
bridge schedule to allow for efficient vehicle traffic flow and provide 
scheduled openings for vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which may be small entities: the owners or operators 
of vessels intending to transit the Intracoastal Waterway in the 
vicinity of the East Sunrise Boulevard (SR 838) and East Las Olas 
bridges and persons intending to drive over the bridge and nearby 
business owners. Owners or operators of vessels would not be able to 
transit in this area during the periods the bridges remain closed. 
Since the change to the current regulation increases the amount of time 
the bridges would remain closed to five hours over a two day period and 
bridge openings are still provided for, the proposed rule would not be 
significant for small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would 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

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this proposed 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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
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 under FOR 
FURTHER INFORMATION CONTACT.

Collection of Information

    This proposed rule would call 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 proposed 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 discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in an 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 proposed 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 proposed rule would 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 proposed 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed 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 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, 
because it involves the modification of Coast Guard bridge regulations.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reason discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    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 the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. In Sec.  117.261, redesignate paragraph (hh) as paragraph (ii), 
revise paragraph (gg) and add a new paragraph (hh) to read as follows:


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

* * * * *
    (gg) The draw of the East Sunrise Boulevard bridge (SR 838), mile 
1062.6 at Fort Lauderdale shall open on signal; except that from 
November 15 to May 15, from 10 a.m. to 6 p.m., the draw need open only 
on the hour, quarter-hour, half-hour and three-quarter hour. On the 
first weekend in May, the draw need not open from 4 p.m. to 6 p.m. on 
Saturday and Sunday, and, on the first Saturday in May, the draw need 
not open from 9:45 p.m. to 10:45 p.m.
    (hh) The draw of the East Las Olas bridge, mile 1064 at Fort 
Lauderdale shall open on signal; except that on the first weekend in 
May the draw need not open from 4 p.m. to 6 p.m. on Saturday and 
Sunday, and, on the first Saturday in May, the draw need not open from 
9:45 p.m. to 10:45 p.m.
* * * * *

    Dated: December 24, 2003.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-1057 Filed 1-15-04; 8:45 am]
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