[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Rules and Regulations]
[Pages 9547-9549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4487]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulations and the 
name of the Seaboard System Railroad Bridge, across the Miami River, 
mile 5.3, Miami, Florida. This rule requires the bridge to open only 
after a 48-hour advance notice to the owner. In addition, the Coast 
Guard is changing the name from Seaboard System Railroad Bridge to the 
FDOT Railroad Bridge, to reflect the current owner.

DATES: This rule is effective March 31, 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 (CGD07-03-088) and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 SE. 1st 
Avenue, Miami, Florida 33131 between 7:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On August 5, 2003, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled Drawbridge Operation Regulations; Miami 
River, North Fork, Miami, Florida in the Federal Register (68 FR 
46139). We received 1 comment on this notice of proposed rulemaking 
(NPRM). No public hearing was requested, and none was held.

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. All other 
times the draw must open on signal if

[[Page 9548]]

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. This rule will 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. 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 FDOT 
Railroad Bridge.

Discussion of Comments and Changes

    We received 1 comment on the notice of proposed rulemaking (NPRM) 
advising us that the current owner is Florida Department of 
Transportation (FDOT) and not CSX Railroad. CSX Railroad is under 
contract to FDOT to operate and maintain the bridge.
    We have carefully considered the comment and made the ownership 
correction to the rule. Under this rule the bridge would open only with 
a 48-hour advance notice to the CSX System Operating Headquarters, at 
(800) 232-0144. This bridge is the last moveable structure on the river 
approximately 1000 yards from a salinity dam, which marks the end of 
navigability on 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 schedule will meet the reasonable needs of 
navigation. Moreover, in order to accurately refer to the bridge, this 
rule will change the name from Seaboard System Railroad Bridge to the 
FDOT Railroad 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, because the rule will only 
affect a small percentage of vessels that travel through this bridge 
and openings are available with 48-hour advance notice.

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

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If this 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 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 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

[[Page 9549]]

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 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.

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. Sec.  117.307 is revised to read as follows:


Sec.  117.307  Miami River, North Fork.

    The draw of the FDOT Railroad Bridge, mile 5.3 at Miami, shall open 
on signal if at least 48-hour notice is given to CSX System Operating 
Headquarters (800) 232-0144.

    Dated: February 13, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-4487 Filed 2-27-04; 8:45 am]
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