Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32747

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–01–045]

RIN 2115–AE47

Drawbridge Operation Regulations:

PGA Boulevard Bridge (ICW), West

Palm Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

temporarily modifying the regulations

governing the operation of the PGA

Boulevard Bridge across the Intracoastal

Waterway mile 1012.6, West Palm

Beach, Palm Beach County, Florida.

This temporary rule allows the owner or

operator to open only a single bascule

leaf of the bridge. This temporary rule

is required to allow the bridge owner or

operator to safely conduct repairs to the

Bridge.

DATES: This rule is effective from 12:01

a.m. on May 29 until 11:59 p.m. on

September 3, 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–

01–045] 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.

Michael Lieberum, Project Officer,

Seventh Coast Guard District, Bridge

Branch, at (305) 415–6744.

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 unnecessary and contrary

to the public interest. These repairs will

have a minimal impact on marine traffic

as the bridge will continue to provide

single leaf openings and double leaf

openings with advance notification.

For the same reason, 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 PGA Boulevard Bridge across the

Atlantic Intracoastal Waterway mile

1012.6 at West Palm Beach, Palm Beach

County, Florida, has a vertical clearance

of 24.9 feet in the closed position and

a horizontal clearance of 90 feet

between fender. On March 23, 2001, the

Florida Department of Transportation,

requested a modification from the

current operating regulation in 33 CFR

117.261(s) which requires the

drawbridge to open on signal; except

that from 7 a.m. to 9 a.m. and 4 p.m. to

7 p.m., Monday through Friday except

Federal holidays, the draw need open

on the quarter-hour and three-quarter

hour. On Saturday, Sundays and

Federal holidays from 8 a.m. to 6 p.m.

the draw need open only on the hour,

20 minutes after the hour, and 40

minutes after the hour. On weekdays

except Federal holidays from November

1 thorough April 30 from 9 a.m. to 4

p.m., the draw need open only on the

hour, 20 minutes after the hour, and 40

minutes after the hour.

Under this temporary rule, from May

28, 2001 until July 16, 2001 and from

August 11, 2001 until September 3,

2001, the PGA Boulevard Bridge shall

open a single leaf on signal; except that

from 7 a.m. to 7 p.m., Monday through

Friday except Federal holidays, the

draw need open only a single leaf on the

quarter-hour and three-quarter hour. A

double leaf opening will be available if

at least 8 hours notice is provided to the

bridge tender. On Saturdays, Sundays

and Federal holidays from 8 a.m. to 6

p.m., both draws need open only on the

hour, 20 minutes after the hour, and 40

minutes after the hour.

Due to the removal of gears, this

bridge will be able to provide single leaf

openings only from July 16, 2001 to

August 10, 2001. This rule will be

effective until September 3, 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 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 have a

minimal affect on navigation. Further,

the temporary regulations still allow for

scheduled single leaf bridge openings.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

considered whether this rule will have

a significant economic effect upon a

substantial number of small entities.

‘‘Small entities’’ include 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 as

the regulations allow single leaf opening

on a regular basis and double leaf

opening with advance notice.

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

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

32748 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

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 12:01 a.m. on May 29 until

11:59 p.m. on September 3, 2001, in

§ 117.261, temporarily suspend

paragraph (s) and add temporary

paragraph (ww) to read as follows:

§ 117.261 Atlantic Intracoastal Waterway

from St. Mary’s River to Key Largo.

* * * * *

(ww)(1) From May 29, 2001 until July

16, 2001 and from August 11, 2001 until

September 3, 2001, the draw of the PGA

Boulevard Bridge shall open a single

leaf on signal; except that from 7 a.m.

to 7 p.m., Monday through Friday

except Federal holidays, the draw need

open only a single leaf on the quarterhour and three-quarter hour. A double

leaf opening will be available if at least

8 hours notice is provided to the bridge

tender.

On Saturdays, Sundays and Federal

holidays from 8 a.m. to 6 p.m., both

draws need open only on the hour, 20

minutes after the hour, and 40 minutes

after the hour. The draw shall open as

soon as possible for the passage of

public vessels of the United States and

vessels in distress.

(2) From July 16 to August 10, 2001,

the draw of the PGA Boulevard Bridge

will only provide single leaf openings

on the quarter hour and three-quarter

hour.

Dated: May 29, 2001.

T.W. Allen,

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

Seventh Coast Guard District.

[FR Doc. 01–15277 Filed 6–15–01; 8:45 am]

BILLING CODE 4910–15–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09–01–008]

RIN–2115–AE47

Drawbridge Operation Regulations;

Cheboygan River, MI

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is revising

the operating regulation governing the

U.S. 23 bridge at mile 0.9 over

Cheboygan River in Cheboygan,

Michigan. This rule revises the advance

notice requirement for vessels during

winter months. Vessels are required to

provide 12-hour advance notice

between December 15 and March 31

each year.

DATES: This rule is effective July 18,

2001.

ADDRESSES: Comments and material

received from the public, as well as all

material in the docket CGD09–01–008,

are available for inspection or copying

at the office of Commander (obr), Ninth

Coast Guard District, 1240 East Ninth

Street, Room 2019, Cleveland, OH

44199–2060 between 6:30 a.m. and 3

p.m., Monday through Friday, except

Federal holidays. The telephone number

is (216) 902–6084.

FOR FURTHER INFORMATION CONTACT: Mr.

Scot M. Striffler, Project Manager, Ninth

Coast Guard District Bridge Branch, at

(216) 902–6084.

SUPPLEMENTARY INFORMATION:

Regulatory Information

On March 28, 2001, the Coast Guard

published a notice of proposed

rulemaking (NPRM) concerning the

drawbridge regulation in the Federal

Register (66 FR 16895). We received no

comments concerning the proposed

rule. No public hearing was requested

and none was held.

Background and Purpose

The owner of the U.S. 23 bridge,

Michigan Department of Transportation

(MDOT), requested the Coast Guard

approve a modified schedule for the

winter operations of the bridge. The

current regulation contained in 33 CFR

117.627 requires the bridge to open if at

least 24 hours notice is provided

between December 15 and March 15

each year. Records submitted by MDOT

showed no requested bridge openings

between March 15 and April 1 in 1998,

1999, and 2000. We determined that it

would be reasonable to revise the date

in spring that the bridge is required to

be manned from March 15 to March 31.

However, the 24-hour advance notice

requirement was determined to be

inconsistent with standard times in the

Great Lakes and would not serve the

reasonable needs of known navigation.

Therefore, the revised schedule was

developed to reflect the established

times of need for vessels and provide an

advance notice requirement that is

consistent with seamanship practices on

the Great Lakes. The revised schedule

will require vessels provide at least 12-

hours advance notice prior to intended

time of passing between December 15

and March 31. The current regulation

requires the bridge to open as soon as

possible at all times for commercial

vessels and vessels used for public

safety. There is no revision to that

requirement in this rule. This schedule

is believed to provide a reasonable

balance between the needs of the owner

of the bridge to eliminate costs for

tender service during periods of no