[Federal Register Volume 69, Number 6 (Friday, January 9, 2004)]
[Rules and Regulations]
[Pages 1525-1527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-388]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-03-141]
RIN 1625-AA09


Drawbridge Operation Regulation; Biscayne Bay, Atlantic 
Intracoastal Waterway, Miami River, Miami-Dade County, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily changing 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 rule will allow these 
bridges to remain in the closed position during the Miami Tropical 
Marathon on February 1, 2004.

DATES: This temporary rule is effective from 6:05 a.m. until 11:59 a.m. 
on February 1, 2004.

ADDRESSES: 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 [CGD-07-03-141] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 SE. 1st 
Avenue, Room 432, Miami, FL, 33131, between 7:30 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The Seventh Coast Guard 
District, Bridge Branch, maintains the public docket for this 
rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer, 
Seventh Coast Guard District, Bridge Branch, at (305) 415-6743.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On October 10, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Biscayne Bay, Atlantic 
Intracoastal Waterway, Miami River, Miami-Dade County, Florida, in the 
Federal Register (68 FR 197). We received no letters commenting on the 
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    The Miami Marathon Director 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 
amount of time the bridges will be closed, the rule will still provide 
for the reasonable needs of navigation on the day of the event.
    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 open. 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 vessel is 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 
open 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.
    This temporary rule will not adversely affect the reasonable needs 
of navigation due to the limited time, six hours, the bridges will be 
in the closed position.

Discussion of Rule

    The Coast Guard is temporarily changing the operating regulations 
of

[[Page 1526]]

the east and west spans of the Venetian Causeway bridges, and the 
Brickell Avenue and Miami Avenue bridges, on February 1, 2004. This 
temporary rule will 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 
temporary rule will 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 will remain closed from 7:10 a.m. to 11:59 a.m. 
on February 1, 2004. The Miami Avenue bridge will 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 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 temporary rule will only affect a small percentage 
of vessel traffic through these bridges during these times. The east 
and west spans of the Venetian Causeway bridges and the Miami Avenue 
bridge will be closed on a Sunday for about three hours from 
approximately 6 a.m. in the morning, when vessel traffic is minimal. 
The Brickell Avenue Bridge will be closed for slightly longer, for five 
hours, but the day, time and location of the bridge indicate that 
vessel traffic will be minimal as well when this rule is in effect. 
Overall, the temporary rule, will affect only a small percentage of 
vessel traffic through these bridges during these time frames.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. The small entities affected will be marine traffic requiring 
passage through these bridges during the Sunday morning hours of 
February 1, 2004. These vessels will not be able to pass through these 
bridges during the effective times of this rule. However, no public 
comments were received on this, or any other subject, with regard to 
the rule. Due to the limited effective times of the rule and the 
nominal amount of marine traffic affected, this rule will not have a 
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the want to assist small entities in 
understanding the rule so that they can better evaluate its effects on 
them and participate in the rulemaking process. If this temporary 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 in 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 rule calls 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 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 rule would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in the preamble.

Taking of Private Property

    This rule will 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 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 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 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 power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this 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.

[[Page 1527]]

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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for Part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under authority of Pub. L. 102-587, 106 Stat. 5039.

0
2. From 6:15 a.m. until 9:20 a.m. on February 1, 2004, in Sec.  
117.261, paragraph (nn) is suspended and a new paragraph (vv) is added 
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.

0
3. From 6:05 a.m. until 8:40 a.m. on February 1, 2004, in Sec.  
117.269, temporarily designate the existing regulatory text as 
paragraph (a), suspend newly designated paragraph (a), and add a new 
paragraph (b) to read as follows:


Sec.  117.269  Biscayne Bay

* * * * *
    (b) 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.

0
4. From 6:25 a.m. until 11:59 a.m. on February 1, 2004, in Sec.  
117.305, temporarily designate the existing regulatory text as 
paragraph (a), suspend newly designated paragraph (a), and add new 
paragraphs (b) and (c) to read as follows:


Sec.  117. 305  Miami River.

* * * * *
    (b) 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. Public vessels of the United States and vessels in an 
emergency involving danger to life or property shall be passed at any 
time.
    (c) 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: December 18, 2003.
Fred M. Rosa, Jr.,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 04-388 Filed 1-8-04; 8:45 am]
BILLING CODE 4910-15-P