[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Proposed Rules]
[Pages 58642-58644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25682]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-03-141]
RIN 1625-AA09


Drawbridge Operation Regulations; Biscayne Bay, Atlantic 
Intracoastal Waterway, 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 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 1, 2004.

DATES: Comments and related material must reach the Coast Guard on or 
before November 10, 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, which maintains the public docket for this rulemaking. 
Comments and material received from the public, as well as documents 
indicated in the preamble as being available in the docket, are part of 
[CGD07-03-141] and are available for inspection or copying at Commander 
(obr), Seventh Coast Guard District, 909 SE. 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

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do so, please include your name and address, identify the docket number 
for this rulemaking [CGD07-03-141], 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. However, you may 
submit a request for a meeting by writing to Bridge Branch, Seventh 
Coast Guard District, 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

    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 1, 2004. 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. 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 
1, 2004. This proposed rule would allow the East Span of the Venetian 
Causeway bridge to remain closed from 6:05 a.m. to 8:40 a.m. on 
February 1, 2004. 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 1, 2004. The Brickell Avenue bridge would be allowed to remain 
closed from 7:10 a.m. to 11:59 a.m. on February 1, 2004. The Miami 
Avenue bridge would be allowed to remain closed from 6:25 a.m. to 10 
a.m. on February 1, 2004. 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 
Homeland Security (DHS). The Coast Guard expects the economic impact of 
this proposed rule to be so minimal that a full Regulatory Evaluation 
under the policies and procedures of the Department of Homeland 
Security is unnecessary. The short duration of time during the morning 
of February 4, 2004 that the bridges will remain in the closed position 
to facilitate the running of the marathon will have little, if any, 
economic impact.

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 (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 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.

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

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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. 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.

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.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    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. From 6:15 a.m. until 9:20 a.m. on February 1, 2004, in Sec.  
117.261, suspend paragraph (nn) and add temporary paragraph(vv) to read 
as follows:


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

* * * * *
    (vv) 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 1, 2004. 
Public vessels of the United States and vessels in distress shall be 
passed at anytime.


Sec.  117.269  [Suspended]

    3. From 6:05 a.m. until 8:40 a.m. on February 1, 2004, temporarily 
suspend Sec.  117.269.
    4. From 6:05 a.m. until 8:40 a.m. on February 1, 2004, add a new 
Sec.  117.T270 to read as follows:


Sec.  117.T270  Biscayne Bay.

    The draw of the East Span of the Venetian Causeway bridge across 
Miami Beach Channel need not open from 6:05 a.m. to 8:40 a.m. on 
February 1, 2004. Public vessels of the United States and vessels in 
distress shall be passed at anytime.


Sec.  117.305  [Suspended]

    5. From 6:25 a.m. until 11:59 a.m. on February 1, 2004, temporarily 
suspend Sec.  117.305.
    6. From 6:25 a.m. until 11:59 a.m. on February 1, 2004, add a new 
Sec.  T117.306 to read as follows:


Sec.  117.T306  Miami River.

    (a) The draw of each bridge from the mouth to and including the NW. 
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.
    (b) The Miami Avenue bridge, across the Miami River, need not open 
from 6:25 a.m. to 10 a.m. on February 1, 2004 and the Brickell Avenue 
bridge, across the Miami River, need not open from 7:10 a.m. to 11:59 
a.m. on February 1, 2004. Public vessels of the United States and 
vessels in an emergency involving danger to life or property shall be 
passed at any time.

    Dated: September 18, 2003.
H.E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 03-25682 Filed 10-9-03; 8:45 am]
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