[Federal Register: December 5, 2007 (Volume 72, Number 233)]
[Proposed Rules]
[Page 68548-68551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de07-25]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2007-0105]
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.
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SUMMARY: The Coast Guard proposes to 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 for periods of time
during the last Sunday in January during the running of an annual
marathon.
DATES: Comments and related material must reach the Coast Guard on or
before January 4, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2007-0105 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Mr. Gwin Tate, Seventh Coast Guard District, Bridge
Administration Branch, (305) 415-6747. If you have questions on viewing
or submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2007-0105), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, 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.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2007-0105) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of
[[Page 68549]]
the DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC
20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov
.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility 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
As in previous years, the Miami Marathon Director requested that
the Coast Guard 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 periods of time on the last Sunday
in January during the running of an annual marathon. Previously, the
Coast Guard issued a temporary rule that provided for these bridge
closings, which range from 6:00 a.m. through 12:30 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. We published the current
regulation governing the operation of the east and west spans, mile
1088.6 at Miami, of the Venetian Causeway bridges on April 16, 2007,
becoming effective May 16, 2007, which requires the bridges to open on
signal, except that from 7 a.m. to 7 p.m., Monday through Friday,
except Federal holidays, the drawbridges will open on the hour and
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 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 and one-half hours) that the
bridges would remain in the closed position.
Discussion of Proposed Rule
The Coast Guard proposes to change the operating regulations of the
east and west spans of the Venetian Causeway bridges, the Miami Avenue
bridge and the Brickell Avenue bridge annually on the last Sunday in
January. This proposed rule would allow, annually on the last Sunday in
January, the east span of the Venetian Causeway bridge to remain closed
from 6 a.m. to 9 a.m., and the west span of the Venetian Causeway
bridge to remain closed from 6:10 a.m. to 9:35 a.m. Annually, on the
last Sunday in January, the Miami Avenue bridge would remain closed
from 6:25 a.m. to 10:20 a.m., and the Brickell Avenue bridge would
remain closed from 7:10 a.m. to 12:30 p.m. Public vessels of the United
States and vessels in distress would be allowed to pass at any time,
upon signal.
In past years, these schedule changes have been made annually by
using a temporary final rule. This NPRM proposes to make the change
permanently in the regulation, to prevent the need for annual
publications in the Federal Register.
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 is unnecessary. The short
duration of time during the morning of the last Sunday in January, that
the bridges would remain in the closed position to facilitate the
running of the marathon would have little, if any, economic impact, as
evidenced by the lack of impact in the past years, when the proposed
change was implemented on a temporary basis.
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 may be small entities: The owners or operators
of vessels that would require passage through these bridges during the
morning hours annually on the last Sunday in January. 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
[[Page 68550]]
concerning its provisions or options for compliance, please contact the
person listed under for 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 this
preamble.
Taking of Private Property
This proposed rule would not affect 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, 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 would 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 which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1.
2. In Sec. 117.261, revise paragraph (nn) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(nn) The Venetian Causeway Bridge (West), mile 1088.6 at Miami. The
draw shall open on signal; except that, from 7 a.m. to 7 p.m., Monday
through Friday, except Federal holidays, the draw need only open on the
hour and half-hour; except that on the last Sunday in January, the draw
need not open from 6:10 a.m. until 9:35 a.m.
* * * * *
3. Revise Sec. 117.269 to read as follows:
Sec. 117.269 Biscayne Bay.
The Venetian Causeway Bridge (East), between Miami and Miami Beach,
shall open on signal; except that, from 7 a.m. to 7 p.m., Monday
through Friday, except Federal holidays, the draw need only open on the
hour and half-hour; except that on the last Sunday in January, the draw
need not open from 6 a.m. until 9 a.m. Public vessels of the United
States and vessels in distress shall be allowed to pass at any time,
upon signal.
4. In Sec. 117.305, revise paragraphs (c) and (d) to read as
follows:
Sec. 117.305 Miami River.
* * * * *
(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 the draw need not open for the passage of vessels at the following
times:
(1) From 7:35 a.m. to 8:59 a.m., Monday through Friday, except
Federal holidays,
(2) From 12:05 p.m. to 12:59 p.m., Monday through Friday, except
Federal holidays,
(3) From 4:35 p.m. to 5:59 p.m., Monday through Friday, except
Federal holidays, and
[[Page 68551]]
(4) From 6:25 a.m. to 10:20 a.m., on the last Sunday in January.
(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; except that the draw need not open for the passage
of vessels at the following times:
(1) From 7:35 a.m. to 8:59 a.m., Monday through Friday, except
Federal holidays,
(2) From 12:05 p.m. to 12:59 p.m., Monday through Friday, except
Federal holidays,
(3) From 4:35 p.m. to 5:59 p.m., Monday through Friday, except
Federal holidays, and
(4) From 7:10 a.m. to 12:30 p.m., on the last Sunday in January.
Dated: November 21, 2007.
William Lee,
Capt., USCG, Acting District Commander, Seventh Coast Guard District.
[FR Doc. E7-23564 Filed 12-4-07; 8:45 am]
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