[Federal Register Volume 69, Number 85 (Monday, May 3, 2004)]
[Rules and Regulations]
[Pages 24080-24082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9907]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-03-166]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
Miles 1062.6 and 1064.0 in Fort Lauderdale, Broward County, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the East Sunrise Boulevard (SR 838) and East Las Olas 
bridges, mile 1062.6 and 1064.0 in Fort Lauderdale, Broward County, 
Florida. These drawbridges will 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: This rule is effective May 3, 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 [CGD07-03-166] 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. The Bridge Branch, Seventh 
District maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Project Manager, 
Seventh Coast Guard District, Bridge Branch, (305) 415-6744.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On January 16, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Atlantic Intracoastal 
Waterway, Miles 1062.6 and 1064.0 in Fort Lauderdale, FL in the Federal 
Register (69 FR 2552). We received one letter commenting on the notice 
of proposed rulemaking. No public meeting was requested, and none was 
held.
    Under 5 U.S.C. 553(d), the Coast Guard finds that good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register. It is necessary to effectuate the rule 
immediately in order to enhance

[[Page 24081]]

public safety during a weekend of increased vehicular and pedestrian 
traffic flow. Enactment of this rule 30 days after publication is thus 
impracticable and contrary to the public interest.

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 at 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. This final rule would require 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.

Discussion of Comments and Changes

    We received one comment on the notice of proposed rulemaking in 
favor of the new operating schedule.

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 under the regulatory policies and procedures 
of DHS is unnecessary. This rule will 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 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. This rule will 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 that require a bridge opening will not be able to transit in 
the area during the periods the bridges remain closed. Since the change 
to the current regulation increases the amount of time the bridges will 
remain closed to five hours over a two day period and bridge openings 
are still provided for, the rule will not be significant for 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 could 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 the 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

[[Page 24082]]

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. 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.

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; 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.

0
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: April 16, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-9907 Filed 4-30-04; 8:45 am]
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