[Federal Register Volume 72, Number 233 (Wednesday, December 5, 2007)]
[Proposed Rules]
[Pages 68548-68551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23564]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2007-0105]
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 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 for periods of time 
during the last Sunday in January during the running of an annual 
marathon.

DATES: Comments and related material must reach the Coast Guard on or 
before January 4, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2007-0105 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Mr. Gwin Tate, Seventh Coast Guard District, Bridge 
Administration Branch, (305) 415-6747. If you have questions on viewing 
or submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2007-0105), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time, click on ``Search for Dockets,'' and enter the docket number 
for this rulemaking (USCG-2007-0105) in the Docket ID box, and click 
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of

[[Page 68549]]

the DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 
20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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

    As in previous years, the Miami Marathon Director requested that 
the Coast Guard 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 periods of time on the last Sunday 
in January during the running of an annual marathon. Previously, the 
Coast Guard issued a temporary rule that provided for these bridge 
closings, which range from 6:00 a.m. through 12:30 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. We published the current 
regulation governing the operation of the east and west spans, mile 
1088.6 at Miami, of the Venetian Causeway bridges on April 16, 2007, 
becoming effective May 16, 2007, which requires the bridges to open on 
signal, except that from 7 a.m. to 7 p.m., Monday through Friday, 
except Federal holidays, the drawbridges will open on the hour and 
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 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 and one-half hours) that the 
bridges would remain in the closed position.

Discussion of Proposed Rule

    The Coast Guard proposes to change the operating regulations of the 
east and west spans of the Venetian Causeway bridges, the Miami Avenue 
bridge and the Brickell Avenue bridge annually on the last Sunday in 
January. This proposed rule would allow, annually on the last Sunday in 
January, the east span of the Venetian Causeway bridge to remain closed 
from 6 a.m. to 9 a.m., and the west span of the Venetian Causeway 
bridge to remain closed from 6:10 a.m. to 9:35 a.m. Annually, on the 
last Sunday in January, the Miami Avenue bridge would remain closed 
from 6:25 a.m. to 10:20 a.m., and the Brickell Avenue bridge would 
remain closed from 7:10 a.m. to 12:30 p.m. Public vessels of the United 
States and vessels in distress would be allowed to pass at any time, 
upon signal.
    In past years, these schedule changes have been made annually by 
using a temporary final rule. This NPRM proposes to make the change 
permanently in the regulation, to prevent the need for annual 
publications in the Federal Register.

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 is unnecessary. The short 
duration of time during the morning of the last Sunday in January, that 
the bridges would remain in the closed position to facilitate the 
running of the marathon would have little, if any, economic impact, as 
evidenced by the lack of impact in the past years, when the proposed 
change was implemented on a temporary basis.

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 may be small entities: The owners or operators 
of vessels that would require passage through these bridges during the 
morning hours annually on the last Sunday in January. 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

[[Page 68550]]

concerning its provisions or options for compliance, please contact the 
person listed under for 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 this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 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 would 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 which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is not likely to 
have a significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1.

    2. In Sec.  117.261, revise paragraph (nn) to read as follows:


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

* * * * *
    (nn) The Venetian Causeway Bridge (West), mile 1088.6 at Miami. The 
draw shall open on signal; except that, from 7 a.m. to 7 p.m., Monday 
through Friday, except Federal holidays, the draw need only open on the 
hour and half-hour; except that on the last Sunday in January, the draw 
need not open from 6:10 a.m. until 9:35 a.m.
* * * * *
    3. Revise Sec.  117.269 to read as follows:


Sec.  117.269  Biscayne Bay.

    The Venetian Causeway Bridge (East), between Miami and Miami Beach, 
shall open on signal; except that, from 7 a.m. to 7 p.m., Monday 
through Friday, except Federal holidays, the draw need only open on the 
hour and half-hour; except that on the last Sunday in January, the draw 
need not open from 6 a.m. until 9 a.m. Public vessels of the United 
States and vessels in distress shall be allowed to pass at any time, 
upon signal.
    4. In Sec.  117.305, revise paragraphs (c) and (d) to read as 
follows:


Sec.  117.305  Miami River.

* * * * *
    (c) 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 the draw need not open for the passage of vessels at the following 
times:
    (1) From 7:35 a.m. to 8:59 a.m., Monday through Friday, except 
Federal holidays,
    (2) From 12:05 p.m. to 12:59 p.m., Monday through Friday, except 
Federal holidays,
    (3) From 4:35 p.m. to 5:59 p.m., Monday through Friday, except 
Federal holidays, and

[[Page 68551]]

    (4) From 6:25 a.m. to 10:20 a.m., on the last Sunday in January.
    (d) The draw of the Brickell Avenue Bridge, mile 0.1, at Miami, 
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; except that the draw need not open for the passage 
of vessels at the following times:
    (1) From 7:35 a.m. to 8:59 a.m., Monday through Friday, except 
Federal holidays,
    (2) From 12:05 p.m. to 12:59 p.m., Monday through Friday, except 
Federal holidays,
    (3) From 4:35 p.m. to 5:59 p.m., Monday through Friday, except 
Federal holidays, and
    (4) From 7:10 a.m. to 12:30 p.m., on the last Sunday in January.

    Dated: November 21, 2007.
William Lee,
Capt., USCG, Acting District Commander, Seventh Coast Guard District.
[FR Doc. E7-23564 Filed 12-4-07; 8:45 am]
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