[Federal Register Volume 68, Number 154 (Monday, August 11, 2003)]
[Proposed Rules]
[Pages 47520-47522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20335]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-03-118]
RIN 1625-AA09


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating regulations 
of all drawbridges on the Miami River from the mouth of the river to 
and including the NW. 27th Avenue Bridge, mile 3.7, Miami, Florida. The 
proposed rule would add a one-hour closure period during the noon hour 
and place the Brickell Avenue Bridge on an hour and half-hour schedule. 
Draws would open at any time for tugs, tugs with tows, and emergency 
vessels. This action is intended to provide scheduled openings for 
Brickell Avenue vehicle traffic but not interfere with commercial tugs 
and tugs with tows that operate during certain tidal conditions along 
the Miami River.

DATES: Comments and related material must reach the Coast Guard on or 
before October 10, 2003.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432, 
Miami, FL 33131. Commander (obr) maintains the public docket for this 
rulemaking. 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 docket (CGD07-03-118) and are available for 
inspection or copying at Commander (obr), Seventh Coast Guard District, 
909 SE. 1st Avenue, 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, 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-
118), 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.

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, 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

    Ten bridges along the Miami River fall under existing regulation 33 
CFR 117.305. These bridges carry commuter traffic into and out of the 
downtown Miami area and its neighboring business districts. The current 
regulation requires 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, 
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 open for the passage of vessels. Public vessels of the United 
States and vessels in emergency situations involving danger to life or 
property are passed at any time.
    First, the proposed rule would add an additional one-hour closure 
period for the noon rush hour, Monday through Friday except Federal 
holidays, to all ten of these bridges in order to provide relief for 
vehicular traffic. This would be in addition to the existing morning 
and late afternoon closure periods. Second, the first bridge at the 
mouth of the river, the Brickell Avenue Bridge, which has a vertical 
clearance of 26 feet at mean high water and a horizontal

[[Page 47521]]

clearance of 90 feet, would open only on the hour and half-hour. 
According to bridge tender logs, the Brickell Avenue Bridge currently 
opens fewer than two times per hour. The Brickell Bridge carries the 
majority of the vehicular traffic utilizing the ten bridges along the 
Miami River, and the proposed rule would provide commuters opportunity 
to time their arrivals and departures. Draws would open at any time for 
tugs, tugs with tows, and emergency vessels. This third modification 
would alleviate the burden on commercial tugs and tugs with tows that 
only navigate the river during certain tidal conditions. All the 
closure periods and the opening schedule in the proposed rule would not 
prohibit these vessels from passage when optimal tidal conditions 
conflict with the rule. These changes would be in effect from 7 a.m. 
until 7 p.m., Monday through Friday except Federal holidays.

Discussion of Proposed Rule

    The Coast Guard proposes the following changes to the regulations 
governing the ten bridges on the Miami River from the mouth to and 
including the 27th Avenue Bridge, mile 3.7 at Miami: the addition of a 
closure period from 12:05 p.m. to 12:59 p.m., Monday through Friday 
except Federal holidays; the addition of an hour and half-hour opening 
schedule for the Brickell Avenue Bridge from 7 a.m. to 7 p.m. Monday 
through Friday except Federal holidays; and the exception for tugs and 
tugs with tows from these regulations. These changes would ease 
vehicular traffic congestion in downtown Miami by providing an 
additional closure period for all ten bridges and timed openings on the 
major thoroughfare at the Brickell Avenue Bridge, while still meeting 
the reasonable needs of navigation on the Miami River, in part by 
allowing tugs and tugs with tows to be excepted from the new schedule.

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 under the regulatory policies 
and procedures of DHS is unnecessary. The proposed rule makes only 
minor changes to the existing bridge operation schedules by adding a 
closure period at noon, but exempts commercial tugs and tugs with tows. 
It also proposes to schedule hour and half-hour openings for the 
Brickell Avenue Bridge that currently opens fewer than twice an hour 
according to bridge tender logs. Two openings will continue to be 
available with the new schedule change.

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 only makes a slight 
change to the existing bridge operation schedules. The 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, including the 
Brickell Avenue Bridge during the hours of 7 a.m. to 7 p.m., Monday 
through Friday except Federal holidays, as well as some waterfront 
facility owners on the Miami River. The Brickell Avenue Bridge 
currently opens less than twice an hour and, under the proposed rule, 
will provide a schedule of two openings per hour. Tugs and tugs with 
tows will benefit from the proposed rule, because they will be exempt 
from scheduled openings and closure periods.
    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 concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT.

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 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.

[[Page 47522]]

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 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. 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.

    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. Revise Sec.  117.305 to read as follows:


Sec.  117.305  Miami River, Florida.

* * * * *
    (a) The draws of each bridge from the Miami Avenue Bridge, mile 
0.3, to and including N.W. 27th Avenue Bridge, mile 3.7 at Miami, shall 
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 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) 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. 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. 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.

    Dated: July 28, 2003.
H. E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-20335 Filed 8-8-03; 8:45 am]
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