[Federal Register Volume 70, Number 18 (Friday, January 28, 2005)]
[Rules and Regulations]
[Pages 4016-4019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1659]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the regulations 
governing the operation of the east and

[[Page 4017]]

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 temporary rule allows these bridges to remain in the 
closed position during the running of the Miami Tropical Marathon on 
January 30, 2005.

DATES: This temporary rule is effective from 6:05 a.m. until 12:05 p.m. 
on January 30, 2005.

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 [CGD07-04-108] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 SE 1st 
Avenue, Miami, Florida 33131-3050, 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. Gwin Tate, Project Manager, 
Seventh Coast Guard District, Bridge Branch, (305) 415-6747.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On November 30, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Biscayne Bay, 
Atlantic Intracoastal Waterway, Miami River, and Miami Beach Channel, 
Miami-Dade County, FL in the Federal Register (69 FR 69561). We 
received no comments on this proposed rule. No public hearing was 
requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. No changes were made to the 
proposed regulatory text. The event for which the rule is necessary is 
scheduled to occur less than 30 days from the date of publication. 
Therefore, waiting an addtional 30 days from the date of publication to 
make this rule effective is both unnecessary and impracticable.

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 will be closed, the proposed 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 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, Charistmas 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(j)(4)(nn) 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., that 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 temporary rule will not advesely affect the reasonable needs 
of navigation due to the short duration that the bridges will be in the 
closed position.

Discussion of Comments and Changes

    No comments were received in response to the notice of proposed 
rulemaking and there were no changes made to the proposed regulatory 
text.

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 assesssment 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 temporary rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. The short 
duration of time during the morning of January 30, 2005, that the 
bridges will remain in the closed position to facilitate the running of 
the marathon will have little, if any, economic impact. This rule was 
preceded by a notice of proposed rulemaking and no comments were 
received.

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. This rule will affect the owners or operators of vessels that 
will require passage through these bridges during the morning hours of 
January 30, 2005. These vessels will not be able to pass through these 
bridges during the effective times of this rule. A notice of proposed 
rulemaking was published for this rule. No comments were received and 
no changes were made to the proposed regulatory test. Due to the 
limited effective times of this 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 rule would not have a significant economic 
impact on a substantial number of small entities.

[[Page 4018]]

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).

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 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 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 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 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 
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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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. This rule fits within paragraph (32)(e) 
because it pertains to operation regulations for drawbridges. 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

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; 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 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.

0
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

[[Page 4019]]

a.m. to 8:40 a.m. on January 30, 2005. Public vessesl of the United 
States and vessels in distress shall be passed at any time.

0
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 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: January 11, 2005.
D. Brian Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District
[FR Doc. 05-1659 Filed 1-27-05; 8:45 am]
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