[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Rules and Regulations]
[Pages 35826-35827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14152]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-00-053]
RIN 2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Mile 1084.6, Miami, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with request for comments.

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SUMMARY: Commander, Seventh Coast Guard District is temporarily 
changing the regulations governing the West 79th Street Causeway 
Bridge, mile 1084.6 across the Atlantic Intracoastal Waterway at Palm 
Beach, Florida. This temporary rule establishes scheduled openings 
every 30 minutes, Monday through Saturday, from 7 a.m. to 6 p.m., 
starting Thursday, May 25, 2000, through February 28, 2001. The 
drawbridge will open on demand during all other periods including 
holidays and Sundays. This action is necessary to facilitate 
rehabilitation of the drawbridge.

DATES: This rule is effective from May 25, 2000, to February 28, 2001. 
Comments must be received by September 29, 2000.

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 [CGD07-00-053] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 S. E. 1st 
Avenue, Room 406, Miami, FL 33131 between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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. Publishing an NPRM is 
impracticable because we received notice of this rehabilitation very 
recently, not leaving time for a NPRM.
    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. We received notice of this 
rehabilitation very recently, not leaving time for a delayed effective 
date.

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 [CGD07-00-
053], 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 during 
the comment period. We may change this temporary rule in view of them.
    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address under ADDRESSES, 
explaining why one would be beneficial. If the Coast Guard determines 
that a public meeting would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Discussion of the Rule

    The West 79th Street Causeway Drawbridge, mile 1084.6, across the 
Atlantic Intracoastal Waterway, has a vertical clearance of 19.5 feet 
at mean high water and a horizontal clearance of 90 feet between 
fenders. The existing operating regulations in 33 CFR 117.5 require the 
bridge to open promptly and fully for the passage of vessels when a 
request to open is given.
    The Florida Department of Transportation requested from the Coast 
Guard on May 9, 2000, that the West 79th Street Causeway Drawbridge 
operations be temporarily changed to allow for rehabilitation of the 
drawbridge. This temporary rule change to the drawbridge operating 
regulations will allow the drawbridge owner or operator to open every 
thirty minutes, Monday through Saturday, from 7 a.m. to 6 p.m., 
starting Thursday, May 25, 2000 through February 28, 2001.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 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 Transportation (DOT) (44 FR 11040, February 26, 
1979). The Coast Guard expects the economic impact of this proposal to 
be minimal because the bridge will still open at 30 minute intervals 
and on demand during evenings, Sundays, and holidays.

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.

[[Page 35827]]

    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: owners or operators of vessels intending to transit the 
Intracoastal waterway at mile 1084.6. Although this temporary rule will 
be in effect for nine months, vessel traffic can still pass through the 
drawbridge every 30 minutes during weekdays and Saturday, and on demand 
at all other times.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule would affect your small business, organization, or government 
jurisdiction and you have questions concerning is provisions or options 
for compliance, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT for assistance in understanding and participating 
in this rulemaking.
    We also have a point of contact for commenting on actions by 
employees of the Coast Guard. 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

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a state, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

    Temporary regulations: For the reasons discussed in the preamble, 
the Coast Guard amends 33 CFR part 117 as follows:

PART 117--[AMENDED]

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. From May 25, 2000 through February 28, 2001, in Sec. 117.261, a 
new paragraph (rr) is temporarily added to read as follows:


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

* * * * *
    (rr) West 79th Street Causeway Drawbridge, mile 1084.6, Miami, 
Florida. The draw need open only on the hour and half-hour, Monday 
through Saturday, from 7 a.m. to 6 p.m., beginning May 25, 2000 through 
February 28, 2001. The draw will open on demand during all other 
periods including holidays and Sundays.

    Dated: May 23, 2000.
T.W. Allen,
Rear Admiral, Commander, Seventh Coast Guard District.
[FR Doc. 00-14152 Filed 6-5-00; 8:45 am]
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