[Federal Register: March 1, 2004 (Volume 69, Number 40)]
[Rules and Regulations]
[Page 9547-9549]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr04-7]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-03-088]
RIN 1625-AA09
Drawbridge Operation Regulations; Miami River, North Fork, Miami,
FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the operating regulations and the
name of the Seaboard System Railroad Bridge, across the Miami River,
mile 5.3, Miami, Florida. This rule requires the bridge to open only
after a 48-hour advance notice to the owner. In addition, the Coast
Guard is changing the name from Seaboard System Railroad Bridge to the
FDOT Railroad Bridge, to reflect the current owner.
DATES: This rule is effective March 31, 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 (CGD07-03-088) and are available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 SE. 1st
Avenue, Miami, Florida 33131 between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Manager,
Seventh Coast Guard District, Bridge Branch, (305) 415-6743.
SUPPLEMENTARY INFORMATION:
Regulatory History
On August 5, 2003, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled Drawbridge Operation Regulations; Miami
River, North Fork, Miami, Florida in the Federal Register (68 FR
46139). We received 1 comment on this notice of proposed rulemaking
(NPRM). No public hearing was requested, and none was held.
Background and Purpose
The Seaboard System Railroad Bridge across the Miami River, mile
5.3, is a railroad bridge with a vertical clearance of 6 feet at mean
high water and a horizontal clearance of 60 feet. The current operating
regulations published in 33 CFR 117.307 require the bridge to open on
signal from 8:30 a.m. to 5:30 p.m., Monday through Friday. All other
times the draw must open on signal if
[[Page 9548]]
at least three hours notice is given. The last time the bridge was
opened for vessel traffic, however, was December 2, 2001, though a full
time bridge tender is on site. This rule will improve the efficiency of
the bridge system and meet the reasonable needs of navigation by
providing for openings with a 48-hour advance notice to the CSX System
Operating Headquarters, at (800) 232-0144. In addition, the owner is
requesting that the Coast Guard change the name of the bridge, which
has been sold, from the Seaboard System Railroad Bridge to the FDOT
Railroad Bridge.
Discussion of Comments and Changes
We received 1 comment on the notice of proposed rulemaking (NPRM)
advising us that the current owner is Florida Department of
Transportation (FDOT) and not CSX Railroad. CSX Railroad is under
contract to FDOT to operate and maintain the bridge.
We have carefully considered the comment and made the ownership
correction to the rule. Under this rule the bridge would open only with
a 48-hour advance notice to the CSX System Operating Headquarters, at
(800) 232-0144. This bridge is the last moveable structure on the river
approximately 1000 yards from a salinity dam, which marks the end of
navigability on the Miami River. The bridge has not opened for
navigation since December 2, 2001, and, except for normal maintenance,
experienced the same pattern of no openings for the year 2002.
Accordingly, this schedule will meet the reasonable needs of
navigation. Moreover, in order to accurately refer to the bridge, this
rule will change the name from Seaboard System Railroad Bridge to the
FDOT Railroad 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, because the rule will only
affect a small percentage of vessels that travel through this bridge
and openings are available with 48-hour advance notice.
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, because the past few years of the bridge's history indicates
that it rarely opens. The rule provides for openings and meets the
reasonable needs of navigation.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If this 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 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 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
[[Page 9549]]
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.
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.
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. Sec. 117.307 is revised to read as follows:
Sec. 117.307 Miami River, North Fork.
The draw of the FDOT Railroad Bridge, mile 5.3 at Miami, shall open
on signal if at least 48-hour notice is given to CSX System Operating
Headquarters (800) 232-0144.
Dated: February 13, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-4487 Filed 2-27-04; 8:45 am]
BILLING CODE 4910-15-P