[Federal Register Volume 69, Number 19 (Thursday, January 29, 2004)]
[Rules and Regulations]
[Pages 4239-4240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1857]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-02-141]
RIN 1625-AA09


Drawbridge Operation Regulations; Caloosahatchee River Bridge (SR 
29), Okeechobee Waterway, Labelle, Florida.

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the Caloosahatchee River bridge (SR 29), Okeechobee 
Waterway, mile 103, Labelle, Florida. This rule requires the bridge to 
open on signal, except that from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., 
Monday through Friday, except Federal holidays, the bridge need not 
open. This action is intended to improve movement of vehicular traffic 
while not unreasonably interfering with the movement of vessel traffic.

DATES: This rule is effective March 1, 2004.

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 [CGD07-02-141] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 SE 1st 
Avenue, Miami, Florida 33131 between 7:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. Bridge Branch (obr), Seventh 
Coast Guard District, maintains the public docket for this rulemaking.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On March 19, 2003, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Drawbridge Operation Regulations; 
Caloosahatchee River bridge (SR 29), Okeechobee Waterway, Labelle, 
Florida, in the Federal Register (68 FR 13242). We received one (1) 
comment on this notice of proposed rulemaking (NPRM). No public hearing 
was requested, and none was held.

Background and Purpose

    The Mayor of Labelle requested a change in regulations governing 
the operation of the Caloosahatchee River bridge (SR 29), to ease 
vehicle traffic congestion, during morning and evening rush hours. The 
roadway is a two-lane, narrow, undivided arterial roadway. The waterway 
has safe waiting areas on each side of the bridge for all vessels; 
however, the waterway is used predominantly by small to mid-sized 
recreational vessels. The roadway is severely congested due to 
insufficient vehicular capacity. The existing regulation for this 
bridge is published in 33 CFR 117.5 and requires the bridge to open on 
signal. The rule will continue to require the bridge to open on signal, 
except that from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday 
through Friday, except Federal holidays, the draw need not open. Tugs 
with tows, public vessels of the United States and vessels in distress 
shall be passed at any time.

Discussion of Comments and Changes

    We received one (1) comment on the notice of proposed rulemaking 
(NPRM) against the rule change, citing that the period of closure was 
too long for vessels to wait.
    We have carefully considered the comment and decided not to change 
the proposed rule. Vessels transiting the area would have a 20-hour 
period during which the bridge would open on signal and adequate safe 
waiting areas are available.

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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary, because the rule will only 
affect a small percentage of vessel traffic through this bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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

[[Page 4240]]

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. The Coast Guard 
offered small businesses, organizations, or governmental jurisdictions 
that believed the rule would affect them, or that had questions 
concerning its provisions or options for compliance, to 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 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 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.

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. Sec. 117.317(k) is added to read as follows:


Sec. 117.317  Okeechobee Waterway.

* * * * *
    (k) Caloosahatchee River Bridge (SR 29), Mile 103, Labelle, 
Florida.
    The Caloosahatchee River bridge (SR 29), mile 103, shall open on 
signal, except that from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., 
Monday through Friday, except Federal holidays, the bridge need not 
open. Exempt vessels shall be passed at any time.

    Dated: January 15, 2004.
F.M. Rosa,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 04-1857 Filed 1-28-04; 8:45 am]
BILLING CODE 4910-15-P