[Federal Register: January 28, 2005 (Volume 70, Number 18)]
[Rules and Regulations]
[Page 4016-4019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja05-10]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the regulations
governing the operation of the east and
[[Page 4017]]
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 temporary rule allows these bridges to remain in the
closed position during the running of the Miami Tropical Marathon on
January 30, 2005.
DATES: This temporary rule is effective from 6:05 a.m. until 12:05 p.m.
on January 30, 2005.
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 [CGD07-04-108] and are available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 SE 1st
Avenue, Miami, Florida 33131-3050, 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. Gwin Tate, Project Manager,
Seventh Coast Guard District, Bridge Branch, (305) 415-6747.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 30, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Biscayne Bay,
Atlantic Intracoastal Waterway, Miami River, and Miami Beach Channel,
Miami-Dade County, FL in the Federal Register (69 FR 69561). We
received no comments on this proposed rule. No public hearing was
requested, and none was held.
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. No changes were made to the
proposed regulatory text. The event for which the rule is necessary is
scheduled to occur less than 30 days from the date of publication.
Therefore, waiting an addtional 30 days from the date of publication to
make this rule effective is both unnecessary and impracticable.
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 will be closed, the proposed 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 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, Charistmas 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(j)(4)(nn) 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., that 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 temporary rule will not advesely affect the reasonable needs
of navigation due to the short duration that the bridges will be in the
closed position.
Discussion of Comments and Changes
No comments were received in response to the notice of proposed
rulemaking and there were no changes made to the proposed regulatory
text.
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 assesssment 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 temporary rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The short
duration of time during the morning of January 30, 2005, that the
bridges will remain in the closed position to facilitate the running of
the marathon will have little, if any, economic impact. This rule was
preceded by a notice of proposed rulemaking and no comments were
received.
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. This rule will affect the owners or operators of vessels that
will require passage through these bridges during the morning hours of
January 30, 2005. These vessels will not be able to pass through these
bridges during the effective times of this rule. A notice of proposed
rulemaking was published for this rule. No comments were received and
no changes were made to the proposed regulatory test. Due to the
limited effective times of this 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 rule would not have a significant economic
impact on a substantial number of small entities.
[[Page 4018]]
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).
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 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 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 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 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
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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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. This rule fits within paragraph (32)(e)
because it pertains to operation regulations for drawbridges. 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
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; 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 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.
0
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
[[Page 4019]]
a.m. to 8:40 a.m. on January 30, 2005. Public vessesl of the United
States and vessels in distress shall be passed at any time.
0
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 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: January 11, 2005.
D. Brian Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District
[FR Doc. 05-1659 Filed 1-27-05; 8:45 am]
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