[Federal Register Volume 68, Number 150 (Tuesday, August 5, 2003)]
[Proposed Rules]
[Pages 46139-46141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19900]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating regulations 
and the name of the Seaboard System Railroad Bridge, across the Miami 
River, mile 5.3, Miami, Florida. The proposed rule would require the 
bridge to open only after a 48-hour advance notice to the owner. In 
addition, the Coast Guard is proposing a name change, from Seaboard 
System Railroad Bridge to CSX Railroad Bridge, to reflect the current 
owner of the bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before October 6, 2003.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432, 
Miami, Florida 33131. Comments and material received from the public, 
as well as documents indicated in this preamble as being available in 
the docket, will become part of this docket [CGD07-03-088] and will be 
available for inspection or copying at Commander (obr), Seventh Coast 
Guard District, 909 SE. 1st Avenue, Room 432, Miami, Florida 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 Avenue Miami, Florida 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 [CGD07-03-
088], 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,

[[Page 46140]]

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.

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 Avenue, Room 432, Miami, Florida 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 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. At all other 
times, the draw must open on signal if 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. The 
proposed rule would 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, and would still meet the reasonable needs of 
navigation. 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 CSX Railroad Bridge.

Discussion of Proposed Rule

    Under the proposed rule, the bridge would open only with a 48-hour 
advance notice to the CSX System Operating Headquarters, at (800) 232-
0144. The bridge is the last moveable bridge on the waterway 
approximately 1000 yards from a salinity dam, which marks the end of 
navigability on the waterway of 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 proposed schedule would meet the reasonable 
needs of navigation. Moreover, in order to accurately refer to the 
bridge, this proposed rule would change the name from Seaboard System 
Railroad Bridge to the CSX Railroad Bridge.

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 (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary, because the 
proposed rule would provide for openings with advanced notice.

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 past few years of the bridge's 
history indicates that it rarely opens. The proposed rule provides for 
openings and meets the reasonable needs of navigation.
    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 this 
proposed 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 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. 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 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.

[[Page 46141]]

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.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, 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. Under figure 2-1, paragraph (32)(e), 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.

    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; 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.

    2. Section 117.307 is revised to read as follows:


Sec.  117.307  Miami River, North Fork.

    The draw of the CSX Railroad Bridge, mile 5.3 at Miami, shall open 
on signal if at least forty-eight hours notice is given to CSX System 
Operating Headquarters at (800) 232-0144.

    Dated: July 25, 2003
H.E. Johnson, Jr.,
Rear Admiral, Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 03-19900 Filed 8-4-03; 8:45 am]
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