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Proposed Rule

Drawbridge Operation Regulations: Dania Beach Boulevard Drawbridge, Atlantic Intracoastal Waterway, Florida

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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AGENCY:

Coast Guard, DOT.

ACTION:

Notice of proposed rulemaking.

SUMMARY:

The Coast Guard proposes to change the operating regulations of the Dania Beach Boulevard drawbridge across the Atlantic Intracoastal Waterway, mile 1069.4, Fort Lauderdale, Florida. This proposed rule would allow the drawbridge to only open a single leaf on the quarter hour and three-quarter hour for a period of 45 days between September and October 2002. This action will allow the contractor to safely complete repairs to this drawbridge without closing the waterway to all vessel traffic.

DATES:

Comments and related material must reach the Coast Guard on or before April 22, 2002.

ADDRESSES:

You may mail comments and related material to Commander (obr), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 406, Miami, FL 33131. 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 [CGD07-01-143] 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.

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FOR FURTHER INFORMATION CONTACT:

Mr. Barry Dragon, Bridge Branch, 909 S.E. 1st Ave, Miami, FL 33130, telephone number 305-415-6743.

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SUPPLEMENTARY INFORMATION:

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 [CGD07-01-143], 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 81/2 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 proposed rule in view of them. We anticipate making this proposed rule effective less than 30 days after publication in the Federal Register because we do not anticipate knowing the exact dates of the bridge closure until shortly before the rule will go into effect.

Public Meeting

We do not now plan to hold a public meeting. But you may submit a request for a meeting by writing to Bridge Branch, Seventh Coast Guard District, 909 S.E. 1st Ave, Room 406, Miami, FL 33131, explaining why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register.

Background and Purpose

The Dania Beach Boulevard drawbridge is a double span drawbridge that crosses the Intracoastal Waterway in Dania Beach, Florida. The bridge is 50 years old and in need of repair. This proposed rule will allow the bridge to only open a single leaf on the quarter hour and three-quarter hour while a contractor completes repairs to the bridge. This drawbridge has a vertical clearance of 22 feet in the closed position and a horizontal clearance of 45 feet between the fender and the unopened span.

Discussion of Proposed Rule

The proposed rule allows the bridge to operate single leaf only for a period of 45 days between September and October 2002. In order to complete the necessary repairs, the west leaf will be placed in the down position for 22 days and then the east leaf will be placed in the down position for 23 days.

The final rule will state the actual dates that each span will be closed. We anticipate making the final rule effective less than 30 days after publication in the Federal Register because we will likely not know the exact dates of the bridge closure until shortly before the rule will go into effect.

Regulatory Evaluation

This proposed 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).

We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary because the bridge will still be able to provide scheduled single leaf openings.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we considered whether this proposed 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.

The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities because the bridge will continue to operate one span during the repairs.

If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment to the office listed under ADDRESSES explaining why you think it qualifies and how and to what degree this rule would economically affect it.

Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in FOR FURTHER INFORMATION CONTACT.

Collection of Information

This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or Start Printed Page 7992impose a substantial direct cost of compliance on them. We have analyzed this proposed 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) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children.

Environment

We considered the environmental impact of this proposed rule and concluded that, under figure 2-1, paragraph (32) (e) of Commandant Instruction M16475.lD, this proposed 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.

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List of Subjects in 33 CFR Part 117

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For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows:

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PART 117—DRAWBRIDGE OPERATION REGULATIONS

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

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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.

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2. A new temporary § 117.261 (rr) is added to read as follows:

Atlantic Intracoastal Waterway from St. Marys River to Key Largo.
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(rr) Dania Beach Boulevard bridge. The Dania Beach Boulevard bridge, mile 1069.4 at Fort Lauderdale, FL need only open a single leaf of the bridge on the quarter hour and three-quarter hour [a period of 45 days during September and October 2002].

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Dated: February 8, 2002.

John E. Crowley, Jr.,

Captain, U.S. Coast Guard, Commander Seventh Coast Guard District, Acting.

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[FR Doc. 02-4204 Filed 2-20-02; 8:45 am]

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