[Federal Register Volume 72, Number 29 (Tuesday, February 13, 2007)]
[Rules and Regulations]
[Pages 6692-6694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2345]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-06-041]
RIN 1625-AA09


Drawbridge Operation Regulation; 63rd Street Bridge, Indian 
Creek, Miami, Miami-Dade County, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the operating 
regulations governing the 63rd Street Drawbridge across Indian Creek, 
mile 4.0 in Miami-Dade County, Florida. This rule will allow the 
Drawbridge to open a single-leaf on the top of the hour from 8 a.m. to 
5:59 p.m. and a double-leaf on the top of the hour between 6 p.m. and 
12:10 a.m. At all other times this bridge will be closed to navigation.

DATES: This rule is effective from March 15, 2007 until June 19, 2007.

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 (CGD07-06-041) and are available for inspection or 
copying at Commander (dpb), Seventh Coast Guard District, 909 S.E. 1st 
Avenue, Room 432, Miami, Florida 33131-3050 between 8 a.m. and 4:30 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Seventh Coast 
Guard District, Bridge Branch, telephone number 305-415-6744.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 3, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; 63rd Street Bridge, 
Indian Creek, Miami, Miami-Dade County, FL in the Federal Register (71 
FR 16529). We received two comments on the proposed rule. No public 
meeting was requested, and none was held.
    The NPRM proposed an effective period of 8 a.m. on June 19, 2006 
through 6 p.m. on February 5, 2007. Thus, this temporary final rule is 
effective from March 15, 2007 until June 19, 2007 because of contractor 
and the City of Miami Beach requests to balance the reasonable needs of 
vehicles and vessels while the bridge undergoes rehabilitation. 
Publishing another NPRM before this temporary rule would further delay 
meeting the immediate

[[Page 6693]]

safety concerns needed to protect local vessel and vehicle traffic from 
the temporary change in drawbridge operations.

Background and Purpose

    The existing regulation of the 63rd Street Drawbridge, Indian Creek 
mile 4.0, Miami-Dade County, Florida, requires the draw to open 
promptly and fully for the passage of vessels when a request or signal 
to open is given.
    The contractor representing the bridge owner (Florida Department of 
Transportation) requested that this drawbridge be placed on a 
restricted schedule to allow for the least amount of time that this 
work would influence both vehicle and vessel traffic. The contractor 
has been working directly with the City of Miami Beach and the local 
marina to balance the reasonable needs of both entities. The Coast 
Guard had reviewed the drawbridge logs for the 63rd Street Drawbridge 
and determined that there were limited nighttime openings.

Discussion of Comments and Changes

    The Coast Guard received one response to the notice of proposed 
rulemaking (NPRM) and one response after the closure date of the NPRM. 
One comment requested that this bridge be closed to navigation during 
the daytime hours and one comment requested an exemption to the 
regulation or to allow no changes to the regulation so the drawbridge 
would open on demand. The request to close this bridge to navigation 
during daytime hours was determined to be unreasonable as this 
drawbridge is the only access for the local vessel owners and a marina 
located on the south side of the bridge. The request to leave this 
bridge on an on-signal schedule would unreasonably delay rehabilitating 
this bridge. For this reason the recommendation for an on-signal 
request was not approved.

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.

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 would affect the following entities, some of which 
may be small entities: The owners or operators of vessels needed to 
transit Indian Creek, persons intending to drive over the bridge, and 
nearby business owners. The revision to the openings schedule would not 
have a significant impact on a substantial number of small entities, 
although bridge openings will be restricted, vessel traffic will still 
be able to transit Indian Creek pursuant to the revised opening 
schedule.

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 the 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 affect 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not

[[Page 6694]]

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); Sec.  117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Add Section 117.T293 to read as follows:


Sec.  117.T293  Indian Creek.

    (a) The Drawspan of the 63rd Street Drawbridge, mile 4.0 across 
Indian Creek, Miami-Dade County, Florida will open a single-leaf on the 
hour from 8 a.m. to 5:59 p.m. and a double-leaf on the hour from 6 p.m. 
to 12:10 a.m. This Drawbridge will be closed to navigation at all other 
times.
    (b) Effective date: This temporary rule is effective until June 19, 
2007.

    Dated: February 1, 2007.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. E7-2345 Filed 2-12-07; 8:45 am]
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