[Federal Register Volume 67, Number 245 (Friday, December 20, 2002)]
[Proposed Rules]
[Pages 77949-77951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32140]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-02-151]
RIN 2115-AE47


Drawbridge Operation Regulations; Biscayne Bay, Atlantic 
Intracoastal Waterway, Miami River, Miami-Dade County, Florida

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily 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, and the Brickell Avenue and Miami Avenue bridges 
across the Miami River, Miami-Dade County. This proposed rule would 
allow these bridges to remain in the closed position during the running 
of the Miami Tropical Marathon on February 2, 2003.

DATES: Comments and related material must reach the Coast Guard on or 
before January 21, 2003.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 SE. 1st Ave, Room 432, Miami, 
FL 33131. Comments and material received from the public, as well as 
documents indicated in the preamble as being available in the docket, 
are part of [CGD07-02-151] and are available for inspection or copying 
at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st Avenue, 
Room 432, 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, Seventh Coast Guard 
District, 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-
151], 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 anticipate making this proposed rule effective less than 30 days 
after the date of publication in the Federal Register because the event 
is scheduled for February 2, 2003 and we want to allow enough time for 
the public to comment on this proposed rule.

Public Meeting

    A public meeting has not been scheduled for this proposed rule. 
However, 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

    The Miami Tropical Marathon Director has 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 2, 2003. The marathon route passes over these four 
bridges and any bridge opening would disrupt the race. Based on the 
limited time the bridges would be closed, the Coast Guard believes it 
can accommodate the request while still providing for the reasonable 
needs of navigation.
    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 be opened.

[[Page 77950]]

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 vessels are 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 
be opened 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.
    We believe that this proposed rule would not adversely affect the 
reasonable needs of navigation due to the limited time the bridges 
would be in the closed position.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily change the operating 
regulations of the East and West Spans of the Venetian Causeway 
bridges, and the Brickell Avenue and Miami Avenue bridges on February 
2, 2003. This proposed rule would allow the East Span of the Venetian 
Causeway bridge to remain closed from 6:10 a.m. to 8:30 a.m. on 
February 2, 2003. The proposed rule would allow the West Span of the 
Venetian Causeway to remain closed from 6:15 a.m. to 9:20 a.m. on 
February 2, 2003. The Brickell Avenue bridge would be allowed to remain 
closed from 7:10 a.m. to 11:59 a.m. on February 2, 2003. The Miami 
Avenue bridge would be allowed to remain closed from 6:30 a.m. to 10 
a.m. on February 2, 2003. Public vessels of the United States and 
vessels in distress shall be passed at anytime.

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). We expect the 
economic impact of this proposed rule to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary because preliminary data indicates 
that there have been limited numbers of requests for openings during 
these time periods and this proposed rule still provides for regular 
openings throughout the day.

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 because the proposed rule will only be in 
effect for a limited period of time and race committee officials are 
working with affected parties to minimize the impact of this proposed 
rule.
    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 to the 
address under ADDRESSES. In your comment, explain 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 this 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult the person listed 
under FOR FURTHER INFORMATION CONTACT. We also have a point of contact 
for commenting on actions by employees of the Coast Guard. 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 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 regulatory 
actions not specifically required by law. 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. Although this proposed rule would 
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 rule is not an economically significant rule and would not 
create an environmental risk to health or risk to

[[Page 77951]]

safety that might disproportionately affect children.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

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. 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 authority of Pub. L. 102-587, 106 Stat. 
5039.

    2. From 6:15 a.m. until 9:20 a.m. on February 2, 2003, in Sec.  
117.261 add temporary paragraph (ss) to read as follows:


Sec.  117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (ss) 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 2, 2003. 
Public vessels of the United States and vessels in distress shall be 
passed at anytime.
    3. From 6:10 a.m. until 8:30 a.m. on February 2, 2003, suspend 
Sec.  117.269 and add a new temporary Sec.  117.T151 to read as 
follows:


Sec.  117.T151  Biscayne Bay.

    The draw of the East Span of the Venetian Causeway bridge across 
Miami Beach Channel need not open from 6:10 a.m. to 8:30 a.m. on 
February 2, 2003. Public vessels of the United States and vessels in 
distress shall be passed at anytime.
    4. From 6:30 a.m. until 11:59 a.m. on February 2, 2003, suspend 
Sec.  117.305 and add a new temporary Sec.  117.T159 to read as 
follows:


Sec.  117.T159  Miami River.

    The draw of each bridge from the mouth to and including the N.W. 
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. The Miami Avenue bridge, across the Miami River, need not 
open from 6:30 a.m. to 10 a.m. on February 2, 2003 and the Brickell 
Avenue bridge, across the Miami River, need not open from 7:10 a.m. to 
11:59 a.m. on February 2, 2003. 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 13, 2002.
James S. Carmichael,
Rear Admiral, Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 02-32140 Filed 12-19-02; 8:45 am]
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