[Federal Register Volume 66, Number 89 (Tuesday, May 8, 2001)]
[Rules and Regulations]
[Pages 23161-23162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11495]


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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.

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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 three-quarter 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

[[Page 23162]]

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 
Sec. 117.261, temporarily suspend paragraph (gg) and add temporary 
paragraphs (ww) and (xx) to read as follows:


Sec. 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]
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