[Federal Register Volume 69, Number 33 (Thursday, February 19, 2004)]
[Rules and Regulations]
[Pages 7686-7688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3621]


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

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: Final rule.

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

SUMMARY: The Coast Guard is changing the operating regulations of the 
Miami

[[Page 7687]]

River drawbridges from the mouth of the river up to and including the 
N.W. 27th Avenue Bridge, mile 3.7, Miami, Florida. This rule adds a 
one-hour curfew during the noon hour for the Brickell Avenue, Miami 
Avenue, and S.W. Second Avenue bridges and places the Brickell Avenue 
Bridge on an hour and half-hour schedule. In addition, the draws shall 
open at any time for tugs, tugs with tows, and vessels in emergency 
situations.

DATES: This rule is effective March 22, 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 [CGD07-03-118] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st 
Avenue, Miami, Florida 33131, between 7:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. Bridge Branch (obr), Seventh 
Coast Guard District, maintains the public docket for this rulemaking.

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

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On August 11, 2003, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled Drawbridge Operation Regulations; Miami 
River, Miami-Dade County, FL, in the Federal Register (68 FR 47520). We 
received 78 comments on this NPRM. No public hearing was requested, and 
none was held.

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, up to and including the N.W. 27th Avenue Bridge, mile 3.7 at 
Miami, to open on signal; except that, from 7:30 to 9 a.m. and 4:30 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, this rule adds an additional 
one-hour closure period for the noon rush hour, Monday through Friday, 
except Federal holidays, to the Brickell Avenue, Miami Avenue and S.W. 
Second Avenue bridges, in order to provide relief for vehicular 
traffic. This is in addition to the morning and afternoon closure 
periods. Second, the first bridge at the mouth of the river, the 
Brickell Avenue Bridge, which has a vertical clearance of 23 feet at 
mean high water and a horizontal clearance of 90 feet, will 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 Avenue Bridge carries the majority of the vehicular 
traffic utilizing the ten bridges along the Miami River, and this rule 
provides commuters the opportunity to time their arrivals and 
departures. Draws shall open at any time for tugs, tugs with tows, and 
vessels in emergency situations. The third modification alleviates the 
burden on commercial tugs and tugs with tows that navigate the river 
only during certain tidal conditions. These vessels will be able to 
pass when optimal tidal conditions exist, notwithstanding the closure 
periods and the opening schedule in the rule. These changes will be in 
effect from 7 a.m. until 7 p.m., Monday through Friday, except Federal 
holidays.

Discussion of Comments and Changes

    We received 78 comments on the NPRM, in favor of the proposed rule. 
One comment recommended that the noon closure period apply only to the 
Brickell Avenue, Miami Avenue and S.W. Second Avenue bridges, instead 
of all ten bridges up to and including N.W. 27th Avenue, mile 3.7. 
Applying a noon closure period to only these three bridges, vice all 
ten bridges, would still allow downtown traffic to pass during heavy 
noon time periods, and provide for the reasonable needs of navigation.
    We carefully considered the comment and agree. The final rule now 
requires noon closure periods for only the Brickell Avenue Bridge, the 
Miami Avenue Bridge and the S.W. Second Avenue Bridge.

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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. The rule affects vessel 
traffic through these bridges only in that vessels will need to time 
their passage through these bridges to avoid the additional afternoon 
hour closure and meet the hour and half-hour openings of the Brickell 
Avenue Bridge. The rule also affects heavy commercial traffic, which 
will now be able to pass during certain tidal periods.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 rule affects all vessel traffic through these bridges. 
Vessels will need to time their passage through these bridges to avoid 
the additional afternoon hour closure and to meet the hour and half-
hour openings of the Brickell Avenue Bridge. The rule also affects 
heavy commercial traffic, which will now be able to pass during certain 
tidal periods.

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 rule so that they could better evaluate 
its effects on them and participate in the rulemaking. The Coast Guard 
offered small businesses, organizations, or governmental jurisdictions 
that believed the rule would affect them, or that had questions 
concerning its provisions or options for compliance, to 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).

[[Page 7688]]

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 will 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 will 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. 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.

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; 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.


0
2. Revise Sec.  117.305 to read as follows:


Sec.  117.305  Miami River.

    (a) General. Public vessels of the United States, tugs, tugs with 
tows, and vessels in a situation where a delay would endanger life or 
property shall, upon proper signal, be passed through the draw of each 
bridge listed in this section at any time.
    (b) The draws of the S.W. First Street Bridge, mile 0.9, up to and 
including the 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. and 4:45 p.m. to 5:59 
p.m., Monday through Friday, except Federal holidays, the draws need 
not open for the passage of vessels.
    (c) The draws of the Miami Avenue Bridge, mile 0.3, and the S.W. 
Second Avenue Bridge, mile 0.5, 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.
    (d) The draw of the 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.

    Dated: January 30, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-3621 Filed 2-18-04; 8:45 am]
BILLING CODE 4910-15-P