Jump to main content.

Safety Zone Regulations; Fort Lauderdale, FL

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: March 30, 2000 (Volume 65, Number 62)]
[Rules and Regulations]
[Page 16826-16827]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr00-18]

[[Page 16826]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Miami 00-030]
RIN 2115-AA97


Safety Zone Regulations; Fort Lauderdale, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard Captain of the Port is establishing a
temporary fixed safety zone closing the Atlantic Intracoastal Waterway
to all marine traffic at the Fort Lauderdale Southeast 17th Street
(State Road A1A) highway bridge in Fort Lauderdale, FL. The safety zone
will be in effect during construction activities associated with the
disassembly of the temporary and existing drawbridges across the
waterway. This safety zone is needed to protect all vessels from
potential safety hazards associated with the removal of the bridge span
sections. No vessels will be allowed to approach within 200 yards of
the bridge during this period unless authorized by the Captain of the
Port or his designated representative.

DATES: This rule is effective from 6 a.m. on April 3, 2000, until 7
a.m. on April 15, 2000.

FOR FURTHER INFORMATION CONTACT: Lieutenant Boudrow, at Coast Guard
Marine Safety Office, Miami, Florida, tel: (305) 535-8701.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    The Coast Guard Captain of the Port is establishing a temporary
safety zone closing the Intracoastal Waterway at the 17th Street
Causeway Bridge, Mile Marker 1065.9, in Fort Lauderdale, FL to all
marine traffic. This closure has been requested by the Florida
Department of Transportation in order to remove portions of the
temporary and existing drawbridges across the waterway by contractors.
The work includes removal of a 150-ton bridge span and 179-ton
counterweight and will be carried out from several large barges
anchored within the waterway. The Coast Guard has reviewed the planned
scope of work and has determined that a safety zone and waterway
closure are necessary to protect all vessels from potential safety
hazards posed by construction activities. The closure of the waterway
is scheduled for weekday and evening periods to minimize the impact to
the boating community. The Coast Guard will issue Broadcast Notice to
Mariners and the Florida Department of Transportation will place
electronic message signs at various locations on the Intracoastal
Waterway to advise mariners of the scheduled closure. Boat traffic will
be directed to Hillsboro Inlet and the Port of Palm Beach to the north
and Port Everglades to the south as alternate routes. The closure will
be strictly enforced by the Coast Guard and will also be monitored by
the Florida Marine Patrol.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
(NPRM) was not published for this rule and good cause exists for making
it effective in less than 30 days after Federal Register Publication.
Publishing an NPRM and delaying its effective date would be contrary to
public safety since immediate action is needed to minimize potential
danger to the public.

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 proposal to be so minimal that a full Regulatory
Evaluation under paragraph 10(e) of the regulatory policies and
procedures of DOT is unnecessary. The safety zone will only be in
effect for two 12 hour periods at night, and a 72 hour weekday period
during the removal of the temporary drawbridge. Further, mariners have
been advised through local notices and have alternate ways around the
closure.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 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 three days
during the temporary bridge removal, the closure will be publicized by
broadcasts and signs, and mariners can get around the closure by using
alternative inlets.

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 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 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 disproportionately affect children.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O.

[[Page 16827]]

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 34(g) of
Commandant Instruction M16475.1C, that this rule is categorically
excluded from further environmental documentation.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Safety measures, Waterways.

Temporary Regulations

    In consideration of the foregoing, the Coast Guard amends Subpart C
of Part 165 of title 33, Code of Federal Regulations, as follows:

PART 165--[AMENDED]

    1. The authority citation for Part 165 continues to read as
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR
1.05-1(g), 6.04-1, 6.04-6, and 160.5.

    2. From 6 a.m. April 3, 2000, until 7 a.m., April 15, 2000,
temporary Sec. 165.T07-030 is added to read as follows:

Sec. 165.T07-030  Safety Zone; Fort Lauderdale, Florida

    (a) Regulated area. All waters within 200 yards on either side of
the 17th Street Causeway Bridge, Mile Marker 1065.9, in Fort
Lauderdale, Florida.
    (b) Regulations. In accordance with the general regulations in
165.23 of this part, anchoring, mooring or transiting in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port.
The Captain of the Port will notify the public of any changes in the
status of this zone by Marine Safety Radio Broadcast on VHF Marine Band
Radio, Channel 22 (157.1 MHz).
    (c) Effective dates. This section is applicable from 6 a.m. on
April 3, 2000, to 6 a.m. on April 6, 2000, and from 7 p.m. to 7 a.m.
each night on April 12 and 13, 2000. In the event of inclement weather
on April 12 or 13, this section is applicable from 7 p.m. on April 14
to 7 a.m., April 15, 2000.

    Dated: March 20, 2000.
L.J. Bowling,
Captain, U. S. Coast Guard, Captain of the Port, Miami, Florida.
[FR Doc. 00-7854 Filed 3-29-00; 8:45 am]
BILLING CODE 4910-15-U

 
 

Local Navigation

Jump to main content.