Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations 23161

(2) At all other times between June 4,

2001, and November 15, 2001 inclusive,

the draw need not open for the passage

of vessels, except from 8 a.m. until 11

a.m. daily, the draw shall open for

vessels that have provided at least 20-

hours notice.

Dated: April 19, 2001.

Paul J. Pluta,

Rear Admiral, U.S. Coast Guard, Commander,

Eighth Coast Guard District.

[FR Doc. 01–11494 Filed 5–7–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–01–034]

RIN 2115–AE47

Drawbridge Operation Regulations:

Atlantic Intracoastal Waterway, Fort

Lauderdale, Broward County, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

temporarily modifying the regulations

governing the operation of the East

Sunrise Boulevard and East Las Olas

Drawbridges across the Atlantic

Intracoastal Waterway, mile 1062.6 and

1064, in Fort Lauderdale, Florida. This

temporary rule allows the East Sunrise

Boulevard and East Las Olas

Drawbridges to remain closed for

periods of time on May 5 and May 6,

2001 to facilitate the vehicle traffic flow

from the 2001 Air & Sea Show.

DATES: This rule is effective from 4 p.m.

on May 5, 2001 until 6 p.m. on May 6,

2001.

ADDRESSES: Material received from the

public as well as documents indicated

in this preamble as being available in

the docket are part of docket [CGD07–

01–034] and are available for inspection

or copying at Commander (oan),

Seventh Coast Guard District, 909 S.E.

1st Avenue, Miami, Florida 33131

between 7:30 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

Section, at (305) 536–7331.

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 was impracticable and

contrary to the public interest. There

was insufficient time remaining to

publish an NPRM after we were notified

of the required closure, and further

delaying the event to follow normal

rulemaking procedures before

incorporating this important safety

measure would have a significant

negative affect on the outcome of this

annual, highly-attended event.

For the same reasons, 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.

Background and Purpose

The East Las Olas Boulevard

Drawbridge, mile 1064.0, across the

Atlantic Intracoastal Waterway, has a

vertical clearance of 31 feet above mean

high water and a horizontal clearance of

91 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 East Sunrise Boulevard

Drawbridge, mile 1062.6, across the

Atlantic Intracoastal Waterway, has a

vertical clearance of 25 feet at mean

high water and a horizontal clearance of

90 feet between fenders. The existing

operating regulations in 33 CFR

117.261(gg) require 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 threequarter hour.

The City of Fort Lauderdale Police

Department recently requested that the

Coast Guard temporarily change the

operating regulations for both

drawbridges during parts of the 2001

Air and Sea Show to allow the

considerable amounts of vehicular and

pedestrian traffic be moved away from

the beach as safely and quickly as

possible. These temporary changes to

the drawbridges operating regulations

will allow the draws of the East Sunrise

Boulevard and East Las Olas Boulevard

drawbridges in Fort Lauderdale, Florida,

to remain closed from 4 p.m. to 6 p.m.

and 9:45 p.m. to 10:45 p.m. on May 5,

2001, and from 4 p.m. to 6 p.m. on May

6, 2001. Except that, the East Sunrise

Boulevard drawbridge may open at 4:45

p.m. and 5:30 p.m. each day, and the

East Las Olas Boulevard drawbridge

may open at 4:30 p.m. and 5:15 p.m.

each day on May 5 and 6, 2001.

Regulatory Evaluation

This proposal 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 so minimal that

a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of DOT is

unnecessary. The changes to the

bridge’s operating schedules will only

be in effect for five total hours over a

two-day period. Further, the temporary

schedules still allow for some scheduled

openings, albeit at reduced intervals.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

must consider 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 regulations will only be in effect for

five total hours over a two day period

and the event will be highly publicized.

Assistance for Small Entities

Under section 213(a) of the Small

Business Regulatory Enforcement

Fairness Act of 1996 (Public Law 104–

221), 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. 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

23162 Federal Register / Vol. 66, No. 89 / Tuesday, May 8, 2001 / Rules and Regulations

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.

3501–3520).

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 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

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.

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.

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 4 p.m. on May 5, 2001,

through 6 p.m. on May 6, 2001, in

§ 117.261, temporarily suspend

paragraph (gg) and add temporary

paragraphs (ww) and (xx) to read as

follows:

§ 117.261 Atlantic Intracoastal Waterway

from St. Marys River to Key Largo.

* * * * *

(ww) East Las Olas Bridge, mile 1064

at Fort Lauderdale. The draw shall open

on signal except that on May 5 and 6,

2001, from 4 p.m. to 6 p.m. each day,

the draw need only open at 4:30 p.m.

and 5:15 p.m., and from 9:45 to 10:45

p.m. on May 5, 2001, the draw need not

open.

(xx) East Sunrise Boulevard Bridge

(SR 838), mile 1062.6 at Fort

Lauderdale. The draw shall open on

signal except that from 4 p.m. to 6 p.m.

each day on May 5 and 6, 2001, the

draw need only open at 4:45 p.m. and

5:30 p.m., and from 9:45 p.m. to 10:45

p.m. on May 5, 2001, the draw need not

open.

Dated: April 27, 2001.

G.W. Sutton,

Captain, U.S. Coast Guard, Acting

Commander, Seventh Coast Guard District.

[FR Doc. 01–11495 Filed 5–7–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–01–035]

Drawbridge Operation Regulations;

Brooks Memorial (S.E. 17th Street)

Bridge Atlantic Intracoastal Waterway,

Ft. Lauderdale, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Seventh

Coast Guard District, has approved a

temporary deviation from the

regulations governing the operation of

the Brooks Memorial (S.E. 17th Street)

bridge across the Atlantic Intracoastal

Waterway, mile 1065.9, Ft. Lauderdale,

Broward County, Florida. This deviation

allows the drawbridge owner or

operator to not open the bridge from

April 30 to May 9, 2001 with scheduled

single leaf openings on May 5 and 6,

2001. This temporary deviation is

required to allow the bridge owner to

safely conduct repairs to the

drawbridge.

DATES: This deviation is effective from

April 30 to May 9, 2001.

FOR FURTHER INFORMATION CONTACT:

Project Officer, Seventh Coast Guard

District, Bridge Branch at (305) 415–

6743.

SUPPLEMENTARY INFORMATION: The

Brooks Memorial (S.E. 17th Street)

bridge across the Atlantic Intracoastal

Waterway at Ft. Lauderdale, Florida, has

a horizontal clearance of 48 feet

between the fender and the bridge span.

On April 5, 2001, the Florida

Department of Transportation, requested

a deviation from the current operating

regulation in 33 CFR 117.261(hh) which

requires the drawbridge to open on

signal; except that from 7 a.m. to 7 p.m.

the draw need open only on the hour

and half-hour. This temporary deviation

was requested to allow emergency

repairs to the drawbridge.

The District Commander has granted

a temporary deviation from the

operating requirements listed in 33 CFR

117.261 (hh) for the purpose of

conducting repairs to the drawbridge.

Under this deviation, the Brooks

Memorial (Southeast 17th Street)

drawbridge need not open for

navigation from 6 a.m. on April 30, to

6 a.m. on May 9, 2001, except that the

drawbridge will open on the hour from

7 a.m. to 8 p.m. on May 5 and 6, 2001.

The deviation is effective until May 9,

2001.