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Drawbridge Operation Regulations: Hillsborough River
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 22, 2001 (Volume 66, Number 14)]
[Rules and Regulations]
[Page 6474-6475]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja01-19]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD07-01-002]
RIN 2115-AE47
Drawbridge Operation Regulations: Hillsborough River
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the operation of the
Brorein and Platt Street Drawbridges across the Hillsborough River in
Tampa, Florida. This temporary rule allows the Brorein and Platt Street
Drawbridges to remain closed to navigation from 10 a.m. to 6 p.m. on
Saturday, January 27, 2001. This action is necessary to facilitate the
Ye Mystic Krewe of Gasparilla Invasion and Parade.
DATES: This rule is effective from 10 a.m. to 6 p.m. on January 27,
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 [CGD07-01-002] 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. Barry Dragon, Seventh Coast Guard
District, Bridge Section, at (305) 415-6743.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
rule. 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
because there was not sufficient time remaining after the bridge owner
notified us of the need for the bridge to remain closed for the
Gasparilla event.
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 Brorein and Platt Street Drawbridges, miles 0.16 and 0.0
respectively, across the Hillsborough River, have vertical clearances
of 15.6 feet at mean high water and a horizontal clearance of 80 feet
between fenders. The existing operating regulations in 33 CFR
117.291(a) require the bridge to open on signal after two hours notice.
The City of Tampa Department of Public Works requested that the
Brorein and Platt Street Drawbridge operations be temporarily changed
to allow the Ye Mystic krewe of Gasparilla Invasion and Parade. This
temporary change to the drawbridge operating regulations will allow the
drawbridge to remain closed from 10 a.m. to 6 p.m., Saturday, January
27, 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
[[Page 6475]]
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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-888-612), we
considered 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. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
transit the Hillsborough River under the Brorein or Platt Street
Drawbridges on January 27, 2001.
This temporary rule will not have a significant economic impact on
a substantial number of small entities because the regulations will
only be in effect for eight hours in an area of limited marine traffic,
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 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 of 1995 (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.
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 10 a.m. to 6 p.m. on January 27, 2001, in Sec. 117.291,
temporarily suspend paragraph (a) and add a new temporary paragraph (c)
to read as follows:
Sec. 117.291 Hillsborough River.
* * * * *
(c)(1) The draws of the bridges at Platt Street, mile 0.0, and
Brorein Street, mile 0.16, need not open to navigation.
(2) The draws of the bridges at Kennedy Boulevard, mile 0.4, Cass
Street, mile 0.7, Laurel Street, mile 1.0, West Columbus Drive, mile
2.3, and West Hillsborough Avenue, mile 4.8, shall open on signal if at
least two hours notice is given; except that, the draws shall open on
signal as soon as possible after a request by a public vessel of the
United States, a vessel owned or operated by the State, county or local
government and used for public safety purposes, or a vessel in
distress.
Dated: January 12, 2001.
T.W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 01-1850 Filed 1-19-01; 8:45 am]
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