[Federal Register Volume 72, Number 16 (Thursday, January 25, 2007)]
[Rules and Regulations]
[Pages 3366-3368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1027]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-07-010]
RIN 1625-AA09 (Formerly RIN 2115-AE47)


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 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 final 
rule allows these bridges to remain in the closed position during the 
running of the Miami Marathon on January 28, 2007. By doing so, this 
will allow the footrace to take place without runners being 
unnecessarily delayed.

DATES: This rule is effective from 6 a.m. until 12:25 p.m. on January 
28, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD07-07-010] and are available for 
inspection or copying at Commander (dpb), Seventh Coast Guard District, 
909 SE. 1st Avenue, Suite 432, Miami, Florida 33131-3028 between 7 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Bridge Branch, (305) 
415-6747.

SUPPLEMENTARY INFORMATION: We did not publish a notice of proposed 
rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the 
Coast Guard finds that good cause exists for not publishing an NPRM. 
This is the fourth year in which this annual footrace has taken place, 
and each year it affects the same bridges in an identical fashion. No 
public comments have ever been received upon publishing an NPRM in past 
years.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. The event for which the rule is 
necessary is scheduled to occur less

[[Page 3367]]

than 30 days from the date of publication. Therefore, waiting an 
additional 30 days from the date of publication to make this rule 
effective is both unnecessary and impracticable.

Background and Purpose

    As in previous years, 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 Miami Avenue bridge and the Brickell Avenue bridge to 
allow them to remain in the closed position during the Miami Marathon 
on January 28, 2007. Closure times range from 6 a.m. through 12:25 p.m. 
Each closure is timed to match the expected pace and location of event 
participants. Each bridge will remain in the closed position for a 
limited period of time. 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 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 4:45 p.m. to 6:15 p.m. Monday through Friday, the draw 
need not be opened. 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 vessels are waiting to pass. The 
draw shall open on signal on Thanksgiving Day, Christmas Day, New 
Year's Day, and Washington's Birthday. The draw shall open at any time 
for public vessels of the United States, tugs with tows, regularly 
scheduled cruise vessels and vessels in distress.
    The current regulation governing the operation of the west span of 
the Venetian Causeway, Atlantic Intracoastal Waterway mile 1088.6, at 
Miami, is published in 33 CFR 117.5 and requires the draw to open 
promptly and fully for the passage of vessels when a request to open is 
given.
    The regulation governing the Miami Avenue bridge, mile 0.3, at 
Miami, is published in 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 Brickell Avenue bridge, mile 0.1, at 
Miami, is published in 33 CFR 117.305 (d) and requires that the bridge 
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.

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. Based on previous years experience with 
this footrace, 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 which the bridges will remain in the 
closed position on January 28, 2007, will have little, if any, economic 
impact.

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 following entities, some of which 
might be small entities: the owners or operators of vessels that will 
require passage through these bridges during the morning hours of 
January 28, 2007. These vessels will not be able to pass through these 
bridges during the effective times of this rule. However, this rule 
will be in effect for a limited amount of time on a Sunday morning when 
traffic is extremely low. No public comments were received regarding 
previous years' races.

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 process. 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). 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 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 this 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

[[Page 3368]]

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.

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.lD, 
and Department of Homeland Security Management Directive 5100.1, 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 the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. In Sec. 117.269, from 6 a.m. to 8:55 a.m. on January 28, 2007, 
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 the Miami Beach Channel need not open from 6 a.m. to 8:55 a.m. 
on January 28, 2007. Public vessels of the United States and vessels in 
distress shall be passed at any time.

0
3. In Sec.  117.261, from 6:10 a.m. until 9:30 a.m. on January 28, 
2007, temporarily suspend paragraph (nn), and add a new paragraph (oo) 
to read as follows:


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

* * * * *
    (oo) The draw of the west span of the Venetian Causeway bridge, 
mile 1088.6 at Miami need not open from 6:10 a.m. until 9:30 a.m. on 
January 28, 2007. Public vessels of the United States and vessels in 
distress shall be passed at any time.

0
4. In Sec.  117.305, from 6:25 a.m. until 10:15 a.m. on January 28, 
2007, 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 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 6:25 a.m. to 10:15 a.m. on January 28, 2007, the draw of the 
Miami Avenue bridge need not open for the passage of vessels. Public 
vessels of the United States and vessels in distress shall be passed at 
any time.
    (f) The draw of the Brickell Avenue bridge across the Miami River, 
mile 0.1, at Miami, need not open from 7:10 a.m. to 12:25 p.m. on 
January 28, 2007. Public vessels of the United States and vessels in 
distress shall be passed at any time.

    Dated: January 18, 2007.
D.W. Kunkel,
RADM, U. S. Coast Guard, Commander, Seventh Coast Guard District.
 [FR Doc. E7-1027 Filed 1-24-07; 8:45 am]
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