[Federal Register: November 30, 2004 (Volume 69, Number 229)]
[Proposed Rules]
[Page 69561-69563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no04-24]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-04-108]
RIN 1625-AA09
Drawbridge Operation Regulations; Biscayne Bay, Atlantic
Intracoastal Waterway, Miami River, and Miami Beach Channel, Miami-Dade
County, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the regulations
governing the operation of the east and west spans of the Venetian
Causeway bridges across the Miami Beach Channel on the Atlantic
Intracoastal Waterway, the Miami Avenue bridge and the Brickell Avenue
bridge across the Miami River, Miami-Dade County. This proposed rule
would allow these bridges to remain in the closed position during the
running of the Miami Tropical Marathon on January 30, 2005.
DATES: Comments and related material must reach the Coast Guard on or
before December 30, 2004.
ADDRESSES: You may mail comments and related material to Commander
(obr), Seventh Coast Guard District, 909 SE. 1st Ave, Suite 432, Miami,
FL 33131-3050. Commander (obr) maintains the public docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
will become part this docket and will be available for inspection or
copying at the Bridge Branch, Seventh Coast Guard District, between 8
a.m. and 4:30 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Project Manager,
Seventh Coast Guard District, Bridge Branch, 305-415-6747.
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 [CGD07-04-
108], 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
8\1/2\ 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.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Bridge Branch, Seventh Coast
Guard District, at the address under ADDRESSES 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 Miami Marathon Director requested that the Coast Guard
temporarily change the existing regulations governing the operation of
the east and west spans of the Venetian Causeway bridges, the Brickell
Avenue bridge and the Miami Avenue bridge to allow them to remain in
the closed position during the running of the Miami Tropical Marathon
on Sunday, January 30, 2005. The closure times range from 6:05 a.m.
through 12:05 p.m. The marathon route will pass over these four bridges
and any bridge opening would disrupt the race. Based on the limited
amount of time the bridges would be closed, the proposed rule would
still provide for the reasonable needs of navigation on the day of the
event.
The east and west spans of the Venetian Causeway bridges are
located between Miami and Miami Beach. The current regulation governing
the operation of the east span of the Venetian Causeway bridge is
published in 33 CFR 117.269 and requires the bridge to open on signal;
except that, from November 1 through April 30 from
[[Page 69562]]
7:15 a.m. to 8:45 a.m. and from 4:45 p.m. to 6:15 p.m. Monday through
Friday, the draw need not open. However, the draw opens at 7:45 a.m.,
8:15 a.m., 5:15 p.m., and 5:45 p.m., if any vessels are waiting to
pass. The draw opens on signal on Thanksgiving Day, Christmas Day, New
Year's Day and Washington's Birthday. The draw opens at anytime for
public vessels of the United States, tugs with tows, regularly
scheduled cruise vessels, and vessels in distress. The regulation
governing the west span of the Venetian Causeway bridge is published in
33 CFR 117.261 and requires the bridge to open on signal; except that,
from November 1 through April 30, Monday through Friday except Federal
holidays, from 7 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m., the draw
need open only on the hour and the half-hour.
The regulation governing the Miami Avenue bridge, mile 0.3, at
Miami, is published at 33 CFR 117.305(c) and requires that the bridge
open on signal; except that, from 7:35 a.m. to 8:59 a.m., 12:05 p.m. to
12:59 p.m. and 4:35 p.m. to 5:59 p.m., Monday through Friday, except
Federal holidays, the draw need not open for the passage of vessels.
The regulation governing the draw of the Brickell Avenue bridge,
mile 0.1, at Miami, is published in 33 CFR 117.305(d) and requires that
the bridge open on signal; except that, from 7 a.m. to 7 p.m., Monday
through Friday, except Federal holidays, the draw need open only on the
hour and half-hour. From 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59
p.m. and 4:35 p.m. to 5:59 p.m., Monday through Friday except Federal
holidays, the draw need not open for the passage of vessels.
This proposed rule would not adversely affect the reasonable needs
of navigation due to the limited time, six hours, that the bridges
would remain in the closed position.
Discussion of Proposed Rule
The Coast Guard proposes to temporarily change the operating
regulations of the east and west spans of the Venetian Causeway
bridges, the Miami Avenue bridge and the Brickell Avenue bridge on
January 30, 2005. This proposed rule would allow the east span of the
Venetian Causeway bridge to remain closed from 6:05 a.m. to 8:40 a.m.
on January 30, 2005. The proposed rule would allow the west span of the
Venetian Causeway to remain closed from 6:15 a.m. to 9:20 a.m. on
January 30, 2005. The Miami Avenue bridge would remain closed from 6:25
a.m. to 10 a.m. on January 30, 2005. The Brickell Avenue bridge would
remain closed from 7:10 a.m. to 11:59 a.m. on January 30, 2005. Public
vessels of the United States and vessels in distress would be passed at
anytime.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
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
Homeland Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the policies and
procedures of DHS is unnecessary. The short duration of time during the
morning of January 30, 2005, that the bridges would remain in the
closed position to facilitate the running of the marathon would have
little, if any, economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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. This proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of vessels that would require passage through these bridges
during the morning hours of January 5, 2005. These vessels would not be
able to pass through these bridges during the effective times of this
proposed rule. However, due to the limited effective times of this
proposed rule and the nominal amount of marine traffic expected during
the early and late morning hours on a Sunday at this time of year, this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
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 (see
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. The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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 impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 the
preamble.
Taking of Private Property
This proposed 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 proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation,
[[Page 69563]]
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 rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed 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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order, because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation. Under figure 2-1, paragraph (32)(e), of
the Instruction, an ``Environmental Analysis Check List'' and a
``Categorical Exclusion Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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; Department of Homeland Security
Delegation No. 0170.1; section 117.255 also issued under authority
of Pub. L. 102-587, 106 Stat. 5039.
2. From 6:15 a.m. until 9:20 a.m. on January 30, 2005, in Sec.
117.261, paragraph (nn) is suspended and a new paragraph (tt) is added
to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(tt) West Span of the Venetian Causeway, mile 1088.6 at Miami. The
draw need not open from 6:15 a.m. until 9:20 a.m. on January 30, 2005.
Public vessels of the United States and vessels in distress shall be
passed at any time.
3. From 6:05 a.m. until 8:40 a.m. on January 30, 2005, in Sec.
117.269, temporarily designate the existing regulatory text as
paragraph (a); suspend paragraph (a); and add a new paragraph (b) to
read as follows:
Sec. 117.269 Biscayne Bay.
* * * * *
(b) The draw of the east span of the Venetian Causeway bridge
across Miami Beach Channel need not open from 6:05 a.m. to 8:40 a.m. on
January 30, 2005. Public vessels of the United States and vessels in
distress shall be passed at any time.
4. From 6:25 a.m. until 10 a.m. on Sunday, January 30, 2005, in
Sec. 117.305, paragraphs (c) and (d) are suspended and new paragraphs
(e) and (f) are added to read as follows:
Sec. 117.305 Miami River.
* * * * *
(e) The draw of each bridge from the mouth of the Miami River, to
and including the NW. 27th Avenue bridge, mile 3.7 at Miami, except the
Miami Avenue and Brickell Avenue bridges, shall open on signal.
(f) The Miami Avenue bridge, across the Miami River, need not open
from 6:25 a.m. to 10 a.m. on Sunday, January 30, 2005, and the Brickell
Avenue bridge, across the Miami River, need not open from 7:10 a.m. to
12:05 p.m. on Sunday, January 30, 2005. Public vessels of the United
States and vessels in an emergency involving danger to life or property
shall be passed at any time.
Dated: November 17, 2004.
D. Brian Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-26339 Filed 11-29-04; 8:45 am]
BILLING CODE 4910-15-P