[Federal Register Volume 67, Number 151 (Tuesday, August 6, 2002)]
[Proposed Rules]
[Pages 50842-50844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19847]



[[Page 50842]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-02-091]
RIN 2115-AE47


Drawbridge Operation Regulations; Miami River, Miami-Dade County, 
FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to change the operating regulations 
of all drawbridges on the Miami River from the mouth of the river to 
and including the N.W. 27th Avenue bridge, mile 3.7, Miami, Florida, by 
allowing tugs and tugs with tows to pass through these bridges, except 
the new Second Avenue bridge, upon proper signal to the bridge tender 
even during the normal rush hour traffic periods. This proposed rule 
would also allow the new Second Avenue bridge to only open a single-
leaf of the bridge during certain times of the day for approximately 
seven months. This action is intended to facilitate commercial vessel 
traffic along the Miami River and facilitate construction of the new 
Second Avenue bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before September 5, 2002.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 432, 
Miami, FL 33131.
    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 [CGD07-02-091] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st 
Avenue, Miami, FL 33131 between 8 a.m. and 4:30 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Bridge Branch, 909 
SE 1st Ave, Miami, FL 33131, telephone number 305-415-6743.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD07-02-
091], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, 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.
    We believe a 30-day comment period for this rulemaking is 
sufficient based on the pre-rulemaking meetings that have taken place 
between the bridge owner, Florida Department of Transportation (FDOT), 
their contractor, Gilbert Southern, and both marine and land-based 
stakeholders that may be impacted by this rule who have been working 
together to develop an acceptable schedule. Additionally, this 30-day 
comment period will allow us to publish a final rule in the Federal 
Register before construction begins.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Bridge Branch, Seventh Coast Guard 
District, 909 SE 1st Ave, Room 432, Miami, FL 33131, 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

    On July 8, 2002, we received a request from Gilbert Southern, the 
bridge contractor, requesting permission to keep a single-leaf of the 
new Second Avenue bridge in the closed position for periods of time 
during the day to allow them to construct the spans. Gilbert Southern 
informed the Coast Guard that construction in the upright position was 
not feasible due to the length of each span. Construction is scheduled 
to begin in October, 2002, and will require single-span closures during 
certain periods of time until April, 2003. Gilbert Southern estimates 
that the horizontal clearance of the bridge with a single-span of the 
bridge in the closed position will be 70 feet. This proposed rule would 
allow the Second Avenue bridge to keep a single-span of the bridge in 
the closed position from 4 a.m. until 10 p.m. from October 15, 2002, 
until April 30, 2003. One span of the bridge will always open on signal 
and both spans of the bridge will be open from 10 p.m. until 4 a.m. 
During the initial construction from October through approximately 
December only one span of the bridge will exist. Once the first span is 
complete, it will be placed in the open position while construction on 
the second leaf is completed.
    Gilbert Southern held meetings during June, 2001 and July, 2002, 
with the Florida Department of Transportation (FDOT) project supervisor 
and industry representatives to attempt to reach an acceptable schedule 
for single leaf operations. The contractor has stated that they will 
attempt to accommodate commercial navigation that cannot clear the 
approximately 70 feet of horizontal clearance provided by a single-span 
opening by only working 6 days of the week and they will attempt to 
adjust their daily construction schedule to allow both spans to remain 
open during at least one high and low tidal period. Moreover, the 
contractor only anticipates single-span closures between 8 and 14 hours 
a day.
    This proposed rule would also alleviate some of the burden on 
commercial vessels requiring a full double-leaf opening and certain 
tidal conditions to navigate the Miami River by allowing tugs and tugs 
with tows to pass through the other bridges on the Miami River during 
the morning and evening rush hour bridge closures 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. This proposed rule would allow tugs and tugs with 
tows to navigate the river during favorable tidal and construction 
conditions by excepting them from the current vehicle rush hour times 
where the bridges remain closed. Each bridge on the Miami River from 
the mouth of the River to N.W. 27th Avenue, excluding the new Second 
Avenue, need open only for public vessels of the United States, tugs 
and tugs with tows, and vessels in an emergency involving danger to 
life or property, 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.

Discussion of Proposed Rule

    The Coast Guard proposes to allow the new Second Avenue bridge to 
keep a single-span of the bridge in the down position from 4 a.m. until 
10 p.m. daily from October15, 2002 until April 30, 2003. At all times, 
one span of the bridge will be open and both spans of the bridge will 
be open from 10 p.m. until 4 a.m. from October 15, 2002 until April 30, 
2003.
    Additionally, in order to meet the reasonable needs of commercial 
navigation while not unreasonably impacting vehicular traffic during 
the construction of the new Second Avenue bridge, the Coast Guard 
proposes to allow tugs and tugs with tows to pass

[[Page 50843]]

through the Miami River bridges from the mouth of the Miami River to 
N.W. 27th Avenue, excluding the new Second Avenue bridge, upon proper 
signal to the bridge tender, even during the normal rush hour closures 
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. These bridges need not open for all 
other vessels, except public vessels of the United States and vessels 
in an emergency involving danger to life or property, 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.

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 
Transportation (DOT) (44 FR 11040, February 26, 1979) because this 
proposed rule only makes a slight exception the existing bridge 
operation schedules during heavy vehicle traffic hours for tugs and 
tugs with tows and still provides for regular openings. Moreover, a 
single-leaf of the new Second Avenue bridge will remain open 24 hours a 
day and single-leaf closures will only impede a small segment of the 
vessel traffic on the Miami River and the contractor intends to work 
with the commercial vessels to try to have both spans of the bridge 
open during at least one high and low tide.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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.
    This proposed rule may affect the following entities, some of which 
might be small entities: the owners or operators of vessels and 
vehicles intending to transit under and over the bridges on the Miami 
River during the hours of 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m. 
as well as some waterfront facility owners on the Miami River. 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 because this proposed rule only makes a slight exception 
to the existing bridge operation schedules during heavy vehicle traffic 
hours for tugs and tugs with tows and still provides for regular 
openings. Moreover, a single-leaf of the new Second Avenue bridge will 
remain open 24 hours a day and single-leaf closures will only impede a 
small segment of the vessel traffic on the Miami River and the 
contractor intends to work with the commercial vessels to try to have 
both spans of the bridge open during at least one high and low tide.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 (Public Law 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 concerning its provisions or 
options for compliance, please contact the person listed under 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 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 my 
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. Although 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 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 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 proposed rule is not an economically significant rule and 
does not create an environmental risk to health or risk to safety that 
may disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.lD, this proposed rule is categorically excluded 
from further environmental documentation.

Indian Tribal Governments

    This proposed 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

[[Page 50844]]

power and responsibilities between the Federal Government and Indian 
tribes.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 3361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

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. 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.

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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.


Sec. 117.305  [Suspended]

    2. From October 15, 2002 until April 30, 2003, temporarily suspend 
Sec. 117.305.
    3. From October 15, 2002, until April 30, 2003, add a new 
Sec. 117.T306 to read as follows:


Sec. 117.T306  Miami River, Florida.

    (a) The draws of each bridge from the mouth of the Miami River to 
and including N.W. 27th Avenue bridge, mile 3.7 at Miami, but excluding 
the new Second Avenue bridge, mile 0.5, Miami, Florida, shall 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, tugs 
and tugs with tows, and vessels in an emergency involving danger to 
life or property shall be passed at any time.
    (b) The new Second Avenue bridge, mile 0.5, Miami, Florida, need 
open only a single-leaf of the bridge from 4 a.m. until 10 p.m. daily; 
and the bridge will remain in the fully open to navigation position 
from 10:01 p.m. to 3:59 a.m. daily.

    Dated: July 29, 2002.
John E. Crowley, Jr.,
Captain, U.S. Coast Guard, Acting, Commander, Seventh Coast Guard 
District.
[FR Doc. 02-19847 Filed 8-5-02; 8:45 am]
BILLING CODE 4910-15-P