[Federal Register: January 9, 2004 (Volume 69, Number 6)]
[Rules and Regulations]
[Page 1525-1527]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja04-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-03-141]
RIN 1625-AA09
Drawbridge Operation Regulation; Biscayne Bay, Atlantic
Intracoastal Waterway, Miami River, Miami-Dade County, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing 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, and the Brickell Avenue and Miami Avenue bridges
across the Miami River, Miami-Dade County. This rule will allow these
bridges to remain in the closed position during the Miami Tropical
Marathon on February 1, 2004.
DATES: This temporary rule is effective from 6:05 a.m. until 11:59 a.m.
on February 1, 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 [CGD-07-03-141] and are available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 SE. 1st
Avenue, Room 432, Miami, FL, 33131, between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. The Seventh Coast Guard
District, Bridge Branch, maintains the public docket for this
rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer,
Seventh Coast Guard District, Bridge Branch, at (305) 415-6743.
SUPPLEMENTARY INFORMATION:
Regulatory History
On October 10, 2003, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Biscayne Bay, Atlantic
Intracoastal Waterway, Miami River, Miami-Dade County, Florida, in the
Federal Register (68 FR 197). We received no letters commenting on the
proposed rule. No public meeting was requested, and none was held.
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, and the
Brickell Avenue and Miami Avenue bridges, to allow them to remain in
the closed position during the running of the Miami Tropical Marathon
on February 1, 2004. The marathon route passes over these four bridges,
and any bridge opening would disrupt the race. Based on the limited
amount of time the bridges will be closed, the rule will 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 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 shall open at 7:45 a.m., 8:15 a.m.,
5:15 p.m., and 5:45 p.m., if any vessel is waiting to pass. The draw
shall open on signal on Thanksgiving Day, Christmas Day, New Year's Day
and Washington's Birthday. Moreover, the bridge must open 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 117.5 and requires the bridge to open on
signal.
The operating schedule of the Brickell Avenue and Miami Avenue
bridges is published in 33 CFR 117.305 and requires each bridge to open
on signal; except that, from 7:30 a.m. to 9 a.m. and 4:30 p.m. 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 an emergency involving danger to life or property are
allowed to pass at any time.
This temporary rule will not adversely affect the reasonable needs
of navigation due to the limited time, six hours, the bridges will be
in the closed position.
Discussion of Rule
The Coast Guard is temporarily changing the operating regulations
of
[[Page 1526]]
the east and west spans of the Venetian Causeway bridges, and the
Brickell Avenue and Miami Avenue bridges, on February 1, 2004. This
temporary rule will allow the east span of the Venetian Causeway bridge
to remain closed from 6:05 a.m. to 8:40 a.m. on February 1, 2004. The
temporary rule will allow the west span of the Venetian Causeway to
remain closed from 6:15 a.m. to 9:20 a.m. on February 1, 2004. The
Brickell Avenue bridge will remain closed from 7:10 a.m. to 11:59 a.m.
on February 1, 2004. The Miami Avenue bridge will remain closed from
6:25 a.m. to 10 a.m. on February 1, 2004. Public vessels of the United
States and vessels in distress shall be passed at anytime.
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). The temporary rule will only affect a small percentage
of vessel traffic through these bridges during these times. The east
and west spans of the Venetian Causeway bridges and the Miami Avenue
bridge will be closed on a Sunday for about three hours from
approximately 6 a.m. in the morning, when vessel traffic is minimal.
The Brickell Avenue Bridge will be closed for slightly longer, for five
hours, but the day, time and location of the bridge indicate that
vessel traffic will be minimal as well when this rule is in effect.
Overall, the temporary rule, will affect only a small percentage of
vessel traffic through these bridges during these time frames.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
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 small entities affected will be marine traffic requiring
passage through these bridges during the Sunday morning hours of
February 1, 2004. These vessels will not be able to pass through these
bridges during the effective times of this rule. However, no public
comments were received on this, or any other subject, with regard to
the rule. Due to the limited effective times of the rule and the
nominal amount of marine traffic affected, this rule will not have a
significant economic impact on a substantial number of small entities.
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 want to assist small entities in
understanding the rule so that they can better evaluate its effects on
them and participate in the rulemaking process. If this temporary 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.
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 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 would 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 would 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a statement of Energy Effects
under Executive Order 13211.
[[Page 1527]]
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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From 6:15 a.m. until 9:20 a.m. on February 1, 2004, in Sec.
117.261, paragraph (nn) is suspended and a new paragraph (vv) is added
to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo
* * * * *
(vv) 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 February 1, 2004.
Public vessels of the United States and vessels in distress shall be
passed at anytime.
0
3. From 6:05 a.m. until 8:40 a.m. on February 1, 2004, in Sec.
117.269, temporarily designate the existing regulatory text as
paragraph (a), suspend newly designated 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
February 1, 2004. Public vessels of the United States and vessels in
distress shall be passed at anytime.
0
4. From 6:25 a.m. until 11:59 a.m. on February 1, 2004, in Sec.
117.305, temporarily designate the existing regulatory text as
paragraph (a), suspend newly designated paragraph (a), and add new
paragraphs (b) and (c) to read as follows:
Sec. 117. 305 Miami River.
* * * * *
(b) The draw of each bridge from the mouth 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: except that, from 7:30
a.m. to 9 a.m. and from 4:30 p.m. to 6 p.m. Monday through Friday,
except Federal holidays, the draws need not be opened for the passage
of vessels. Public vessels of the United States and vessels in an
emergency involving danger to life or property shall be passed at any
time.
(c) The Miami Avenue bridge, across the Miami River, need not open
from 6:25 a.m. to 10 a.m. on February 1, 2004, and the Brickell Avenue
bridge, across the Miami River, need not open from 7:10 a.m. to 11:59
a.m. on February 1, 2004. Public vessels of the United States and
vessels in an emergency involving danger to life or property shall be
passed at any time.
Dated: December 18, 2003.
Fred M. Rosa, Jr.,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 04-388 Filed 1-8-04; 8:45 am]
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