[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Rules and Regulations]
[Pages 37862-37863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15324]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-00-051]
RIN 2115-AE47


Drawbridge Operation Regulations: Atlantic Intracoastal Waterway, 
Miami, Dade County, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule with requests for comments.

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SUMMARY: Commander, Seventh Coast Guard is temporarily changing the 
regulations of the N.E. 163rd Street (SR 826) bridge at Sunny Isles 
across the Atlantic Intracoastal Waterway, mile 1078.0 in Miami, 
Florida, until July 31, 2000. This temporary rule allows the N.E. 163rd 
Street (SR 826) bridge at Sunny Isles to maintain the south bascule 
leaf in the down position with a two hour advance notification to the 
bridge tender to provide a double leaf opening until July 31, 2000. 
This is necessary to allow for repairs.

DATES: This temporary rule is effective from June 7, 2000 to July 31, 
2000. Comments must be received by June 30, 2000.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD07-00-051] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st 
Avenue, Miami, Florida, between 7:30 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer, 
Seventh Coast Guard District, Bridge Section, 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. It was impracticable to 
publish an NPRM, because there was insufficient time remaining after we 
were notified of the dates of the repairs to follow normal rulemaking 
procedures.
    Further, 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. A delayed effective date is 
impracticable as repairs on the bridge are already underway.

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 the rulemaking [CGD07-00-
051], 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. We may 
change this 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 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 N.E. 163rd Street (SR 826) bridge at Sunny Isles, mile 1078.0, 
across the Atlantic Intracoastal Waterway, has a vertical clearance of 
36 feet at mean high water and a horizontal clearance of 90 feet 
between fenders. The existing operating regulations in 33 CFR 
117.261(ll) require the bridge to open on signal; except that from 7 
a.m. to 6 p.m. on Monday through Friday, except Federal holidays, and 
from 10 a.m. to 6 p.m. on Saturdays, Sundays, and Federal holidays, the 
draw need open only on the quarter-hour and three-quarter hour.
    The Florida Department of Transportation notified the Coast Guard 
on April 12, 2000, that the repairs to the north bascule leaf was to be 
completed by April 22, 2000, and that repairs were to commence on the 
south leaf, which would require a temporary rule. This temporary rule 
will allow the south leaf of the N.E. 163rd Street (SR 826) bridge at 
Sunny Isles in Miami, Florida, to remain closed until July 31, 2000, 
unless two hours advance notification is provided to the bridge tender 
requesting a double-leaf opening.

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 rule to be 
minimal because of the limited duration of the rule, as well as the 
provision for double leaf openings with advance notice.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule will have a significant economic effect 
upon a substantial number of small entities. ``Small entities'' include 
small business, 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 as the temporary rule will only delay a full opening of the 
drawbridge for a limited period of time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-221), we offer to assist small 
entities in

[[Page 37863]]

understanding the rule so that they can better evaluate its effects on 
them and participate in the rulemaking process. Small entities may 
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 requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

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 safety that may disproportionately affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
action and has determined under figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.1C, that this rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.
    For the reasons discussed in the preamble, the Coast Guard amends 
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; 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 June 7, 2000 to July 31, 2000, Sec. 117.261(ll) is 
suspended and a new paragraph (ss) is added to read as follows:


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

* * * * *
    N.E. 163rd Street (SR826) bridge, mile 1078.0 at Sunny Isles. The 
draw shall open on signal; except that, from 7 a.m. to 6 p.m. on Monday 
through Friday except Federal holidays, and from 10 a.m. to 6 p.m. on 
Saturdays, Sundays, and Federal holidays, the draw need open only on 
the quarter-hour and three-quarter hour. The south leaf may remain in 
the closed position unless two hours advance notice for a double leaf 
opening is provided to the bridge tender.

    Dated: June 7, 2000.
T.W. Allen,
Rear Admiral, Commander, Seventh Coast Guard District.
[FR Doc. 00-15324 Filed 6-16-00; 8:45 am]
BILLING CODE 4910-15-P