[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Proposed Rules]
[Pages 54241-54244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21681]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0719]
RIN 1625-AA09


Drawbridge Operation Regulation; Biscayne Bay, Miami Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes modifying the operating schedule that 
governs the East Venetian Causeway Bridge across Miami Beach Channel, 
Miami-Dade County, Florida. For approximately nine months, the West 
Venetian Causeway Bridge will remain in the open position to complete 
necessary repairs. This rule is proposed to ensure that vehicular 
traffic will be able to access and depart from the Venetian Causeway 
via the East Venetian Causeway Bridge while these repairs are 
completed.

DATES: Comments and related material must reach the Coast Guard on or 
before October 14, 2014.
    Requests for public meetings must be received by the Coast Guard on 
or before September 26, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0719 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Gene Stratton of the Coast Guard, telephone 
305-415-6740, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by 
submitting

[[Page 54242]]

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.
1. Submitting Comments
    If you submit a comment, please include the docket number for this 
proposed rulemaking (USCG-2014-0719), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online (http://www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0719] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand 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 and may change 
the rule based on your comments.
2. 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, 
type the docket number (USCG-2014-0719) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.
3. Privacy Act
    Anyone can search the electronic form of 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 a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).
4. Public Meeting
    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before September 26, 2014, using one of the 
methods specified under ADDRESSES. Please explain 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.

B. Basis and Purpose

    Due to the emergency replacement of the approach span leading to 
the West Venetian Causeway Bridge across the Atlantic Intracoastal 
Waterway, Miami, Florida, the roadway will be closed from November 1, 
2014 until August 1, 2015. As a result, the bridge owner will place the 
West Venetian Causeway Bridge in the open to navigation position.
    This road closure action will require all Venetian Islands visitors 
and residents to use the East Venetian Causeway Bridge.
    The vertical clearance of the East Venetian Causeway Bridge is five 
feet above mean high water and the horizontal clearance is 57 feet 
between fenders. Existing regulations require the Biscayne Bay East 
Venetian Causeway Bridge to open on signal except from 7 a.m. to 7 
p.m., Monday through Friday (excluding Federal holidays) when the 
bridge must only open on the hour and half hour. Both the Mayor of 
Miami-Dade County and the Mayor of Miami Beach have requested that the 
Coast Guard consider closing the East Venetian Causeway Bridge to all 
marine traffic for the estimated nine-month period of bridge repair at 
the approach span on West side of the Venetian Islands. To ensure that 
vessel traffic unable to transit under the bridge in the closed 
position can continue to use this waterway while repairs are made to 
the West Venetian Causeway Bridge, the Coast Guard proposes a temporary 
amendment to this regulation requiring the East Venetian Causeway 
Bridge to open at 10:30 a.m. and 7:30 p.m. seven days a week from 7 
a.m. on November 1, 2014 to 11:59 p.m. on August 15, 2015.

C. Discussion of Proposed Rule

    This proposed rule will temporarily modify the operating schedule 
of the Venetian Causeway Bridge (East) at 33 CFR 117.269. Under the 
proposed rule, vessels will be able to pass through the East Venetian 
Causeway Bridge twice per day, 10:30 a.m. and 7:30 p.m. This restricted 
bridge opening period will allow vehicular traffic to access and depart 
from the Venetian Causeway while repairs are made to the West Venetian 
Causeway Bridge. Emergency vessels will be passed through the bridge at 
any time.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes or executive orders.
1. Regulatory Planning and Review
    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    This regulatory action will not have a significant economic impact 
as vessels will still be able to transit the bridge at the scheduled 
intervals or transit the West Venetian Causeway Bridge. Therefore, it 
will meet the reasonable needs of navigation while accommodating the 
increased vehicular traffic.
2. Impact on Small Entities
    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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.

[[Page 54243]]

    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
needing to transit the bridge who will then need to seek the alternate 
route, which is some cases could add an additional \1/2\ hour to \3/4\ 
hour to their transit time to the ocean in each direction.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons: Vessel 
traffic may transit the West Venetian Causeway Bridge during the period 
this regulation is enforced. In the closed position, vessels with a 
vertical clearance of less than 5 feet may transit the East Venetian 
Causeway Bridge. The bridge will continue to open two times per day, 
10:30 a.m. and 7:30 p.m., to accommodate vessels unable to transit 
under the East Venetian Causeway Bridge or through the West Venetian 
Causeway Bridge.
    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.
3. 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. 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 the FOR FURTHER INFORMATION CONTACT 
section above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.
4. 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.).
5. Federalism
    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it does not have implications for federalism.
6. Protest Activities
    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.
7. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.
8. Taking of Private Property
    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.
14. Environment
    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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 one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
This rule is categorically excluded, under figure 2-1, paragraph 
(32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule. 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

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


Sec.  117.269  [Suspended]

0
2. From 7 a.m. on November 1, 2014 to 11:59 p.m. on August 15, 2015, 
suspend Sec.  117.269.
0
3. From 7 a.m. on November 1, 2014 to 11:59 p.m. on August 15, 2015, 
add temporary Sec.  117.T269 to read as follows:

[[Page 54244]]

Sec.  117.T269  Biscayne Bay

    The Venetian Causeway Bridge (East) shall remain closed to 
navigation except that it shall open at 10:30 a.m. and 7:30 p.m. daily.

    Dated: August 18, 2014.
John H. Korn,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2014-21681 Filed 9-10-14; 8:45 am]
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