[Federal Register Volume 69, Number 229 (Tuesday, November 30, 2004)]
[Proposed Rules]
[Pages 69561-69563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26339]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-04-108]
RIN 1625-AA09


Drawbridge Operation Regulations; Biscayne Bay, Atlantic 
Intracoastal Waterway, Miami River, and Miami Beach Channel, 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, the Miami Avenue bridge and the Brickell Avenue 
bridge 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 January 30, 2005.

DATES: Comments and related material must reach the Coast Guard on or 
before December 30, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 SE. 1st Ave, Suite 432, Miami, 
FL 33131-3050. 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 this docket and will be available for inspection or 
copying at the Bridge Branch, Seventh Coast Guard District, between 8 
a.m. and 4:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Project Manager, 
Seventh Coast Guard District, Bridge Branch, 305-415-6747.

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 [CGD07-04-
108], 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 the 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 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, the Brickell 
Avenue bridge and the Miami Avenue bridge to allow them to remain in 
the closed position during the running of the Miami Tropical Marathon 
on Sunday, January 30, 2005. The closure times range from 6:05 a.m. 
through 12:05 p.m. The marathon route will pass over these four bridges 
and any bridge opening would disrupt the race. Based on the limited 
amount of time the bridges would be closed, the proposed rule would 
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

[[Page 69562]]

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 opens 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 opens on signal on Thanksgiving Day, Christmas Day, New 
Year's Day and Washington's Birthday. The draw opens at anytime 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 117.261 and requires the bridge to open on signal; except that, 
from November 1 through April 30, Monday through Friday except Federal 
holidays, from 7 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m., the draw 
need open only on the hour and the half-hour.
    The regulation governing the Miami Avenue bridge, mile 0.3, at 
Miami, is published at 33 CFR 117.305(c) and requires that the bridge 
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 draw need not open for the passage of vessels.
    The regulation governing the draw of the Brickell Avenue bridge, 
mile 0.1, at Miami, is published in 33 CFR 117.305(d) and requires that 
the bridge 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.
    This proposed rule would not adversely affect the reasonable needs 
of navigation due to the limited time, six hours, that the bridges 
would remain 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, the Miami Avenue bridge and the Brickell Avenue bridge on 
January 30, 2005. 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 January 30, 2005. 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 
January 30, 2005. The Miami Avenue bridge would remain closed from 6:25 
a.m. to 10 a.m. on January 30, 2005. The Brickell Avenue bridge would 
remain closed from 7:10 a.m. to 11:59 a.m. on January 30, 2005. Public 
vessels of the United States and vessels in distress would 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the policies and 
procedures of DHS is unnecessary. The short duration of time during the 
morning of January 30, 2005, that the bridges would remain in the 
closed position to facilitate the running of the marathon would 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. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels that would require passage through these bridges 
during the morning hours of January 5, 2005. These vessels would not be 
able to pass through these bridges during the effective times of this 
proposed rule. However, due to the limited effective times of this 
proposed rule and the nominal amount of marine traffic expected during 
the early and late morning hours on a Sunday at this time of year, this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    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 in FOR FURTHER 
INFORMATION CONTACT. The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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 the 
preamble.

Taking of Private Property

    This proposed 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 proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation,

[[Page 69563]]

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 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 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 proposed 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.

Regulations

    For the reasons discussed in the preamble, the Coast Guard amends 
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; 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 January 30, 2005, in Sec.  
117.261, paragraph (nn) is suspended and a new paragraph (tt) is added 
to read as follows:


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

* * * * *
    (tt) 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 January 30, 2005. 
Public vessels of the United States and vessels in distress shall be 
passed at any time.
    3. From 6:05 a.m. until 8:40 a.m. on January 30, 2005, in Sec.  
117.269, temporarily designate the existing regulatory text as 
paragraph (a); suspend 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 
January 30, 2005. Public vessels of the United States and vessels in 
distress shall be passed at any time.
    4. From 6:25 a.m. until 10 a.m. on Sunday, January 30, 2005, in 
Sec.  117.305, paragraphs (c) and (d) are suspended and new paragraphs 
(e) and (f) are added to read as follows:


Sec.  117.305  Miami River.

* * * * *
    (e) 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, except the 
Miami Avenue and Brickell Avenue bridges, shall open on signal.
    (f) The Miami Avenue bridge, across the Miami River, need not open 
from 6:25 a.m. to 10 a.m. on Sunday, January 30, 2005, and the Brickell 
Avenue bridge, across the Miami River, need not open from 7:10 a.m. to 
12:05 p.m. on Sunday, January 30, 2005. Public vessels of the United 
States and vessels in an emergency involving danger to life or property 
shall be passed at any time.

    Dated: November 17, 2004.
D. Brian Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-26339 Filed 11-29-04; 8:45 am]
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