[Federal Register: February 19, 2004 (Volume 69, Number 33)]
[Rules and Regulations]
[Page 7686-7688]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe04-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-03-118]
RIN 1625-AA09
Drawbridge Operation Regulations; Miami River, Miami-Dade County,
FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating regulations of the
Miami
[[Page 7687]]
River drawbridges from the mouth of the river up to and including the
N.W. 27th Avenue Bridge, mile 3.7, Miami, Florida. This rule adds a
one-hour curfew during the noon hour for the Brickell Avenue, Miami
Avenue, and S.W. Second Avenue bridges and places the Brickell Avenue
Bridge on an hour and half-hour schedule. In addition, the draws shall
open at any time for tugs, tugs with tows, and vessels in emergency
situations.
DATES: This rule is effective March 22, 2004.
ADDRESSES: 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 [CGD07-03-118] and are available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st
Avenue, Miami, Florida 33131, between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Bridge Branch (obr), Seventh
Coast Guard District, maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Manager,
Seventh Coast Guard District, Bridge Branch, (305) 415-6743.
SUPPLEMENTARY INFORMATION:
Regulatory History
On August 11, 2003, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled Drawbridge Operation Regulations; Miami
River, Miami-Dade County, FL, in the Federal Register (68 FR 47520). We
received 78 comments on this NPRM. No public hearing was requested, and
none was held.
Background and Purpose
Ten bridges along the Miami River fall under existing regulation 33
CFR 117.305. These bridges carry commuter traffic into and out of the
downtown Miami area and its neighboring business districts. The current
regulation requires the draw of each bridge from the mouth of the Miami
River, up to and including the N.W. 27th Avenue Bridge, mile 3.7 at
Miami, to open on signal; except that, from 7:30 to 9 a.m. and 4:30 to
6 p.m., Monday through Friday except Federal holidays, the draws need
not open for the passage of vessels. Public vessels of the United
States and vessels in emergency situations involving danger to life or
property are passed at any time. First, this rule adds an additional
one-hour closure period for the noon rush hour, Monday through Friday,
except Federal holidays, to the Brickell Avenue, Miami Avenue and S.W.
Second Avenue bridges, in order to provide relief for vehicular
traffic. This is in addition to the morning and afternoon closure
periods. Second, the first bridge at the mouth of the river, the
Brickell Avenue Bridge, which has a vertical clearance of 23 feet at
mean high water and a horizontal clearance of 90 feet, will open only
on the hour and half-hour. According to bridge tender logs, the
Brickell Avenue Bridge currently opens fewer than two times per hour.
The Brickell Avenue Bridge carries the majority of the vehicular
traffic utilizing the ten bridges along the Miami River, and this rule
provides commuters the opportunity to time their arrivals and
departures. Draws shall open at any time for tugs, tugs with tows, and
vessels in emergency situations. The third modification alleviates the
burden on commercial tugs and tugs with tows that navigate the river
only during certain tidal conditions. These vessels will be able to
pass when optimal tidal conditions exist, notwithstanding the closure
periods and the opening schedule in the rule. These changes will be in
effect from 7 a.m. until 7 p.m., Monday through Friday, except Federal
holidays.
Discussion of Comments and Changes
We received 78 comments on the NPRM, in favor of the proposed rule.
One comment recommended that the noon closure period apply only to the
Brickell Avenue, Miami Avenue and S.W. Second Avenue bridges, instead
of all ten bridges up to and including N.W. 27th Avenue, mile 3.7.
Applying a noon closure period to only these three bridges, vice all
ten bridges, would still allow downtown traffic to pass during heavy
noon time periods, and provide for the reasonable needs of navigation.
We carefully considered the comment and agree. The final rule now
requires noon closure periods for only the Brickell Avenue Bridge, the
Miami Avenue Bridge and the S.W. Second Avenue Bridge.
Regulatory Evaluation
This 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 (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. The rule affects vessel
traffic through these bridges only in that vessels will need to time
their passage through these bridges to avoid the additional afternoon
hour closure and meet the hour and half-hour openings of the Brickell
Avenue Bridge. The rule also affects heavy commercial traffic, which
will now be able to pass during certain tidal periods.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. The rule affects all vessel traffic through these bridges.
Vessels will need to time their passage through these bridges to avoid
the additional afternoon hour closure and to meet the hour and half-
hour openings of the Brickell Avenue Bridge. The rule also affects
heavy commercial traffic, which will now be able to pass during certain
tidal periods.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
offered small businesses, organizations, or governmental jurisdictions
that believed the rule would affect them, or that had questions
concerning its provisions or options for compliance, to contact the
person listed in FOR FURTHER INFORMATION CONTACT.
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).
[[Page 7688]]
Collection of Information
This rule calls 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 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 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 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 will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
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.
Energy Effects
We have analyzed this 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.
Environment
We have analyzed this 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 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.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR Part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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; 33 CFR 1.05-1(g); section 117.255 also issued
under authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Revise Sec. 117.305 to read as follows:
Sec. 117.305 Miami River.
(a) General. Public vessels of the United States, tugs, tugs with
tows, and vessels in a situation where a delay would endanger life or
property shall, upon proper signal, be passed through the draw of each
bridge listed in this section at any time.
(b) The draws of the S.W. First Street Bridge, mile 0.9, up to and
including the N.W. 27th Avenue Bridge, mile 3.7 at Miami, shall open on
signal; except that, from 7:35 a.m. to 8:59 a.m. and 4:45 p.m. to 5:59
p.m., Monday through Friday, except Federal holidays, the draws need
not open for the passage of vessels.
(c) The draws of the Miami Avenue Bridge, mile 0.3, and the S.W.
Second Avenue Bridge, mile 0.5, at Miami, shall 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
draws need not open for the passage of vessels.
(d) The draw of the Brickell Avenue Bridge, mile 0.1, at Miami,
shall 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.
Dated: January 30, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-3621 Filed 2-18-04; 8:45 am]
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