[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29944-29946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12552]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily 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 will temporarily 
authorize the fulltime closure of the East Venetian Causeway Bridge to 
ensure that vehicular traffic will be able to access and depart from 
the Venetian Causeway while emergency repairs are completed.

DATES: This temporary final rule is effective from 7 a.m. on May 26, 
2015 to 7 p.m. on February 28, 2016.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0719]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Robert Glassman at telephone 305-
415-6746, email [email protected]. If you have questions on 
viewing 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. Regulatory History and Information

    On September 11, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulation; Biscayne Bay, Miami 
Beach, FL'' in the Federal Register (79 FR 54241-54244). We received 13 
comments on the proposed rule. No public meeting 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. This provision authorizes an 
agency to make a rule effective less than 30 days after publication in 
the Federal Register when the agency for good cause finds that delaying 
the effective period for 30 days or more is ``impracticable, 
unnecessary, or contrary to the public interest.'' 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 because the East Venetian Causeway Bridge experienced a 
mechanical failure that prevents it from being opened. Therefore, it is 
impracticable to make this rule effective 30 days or more after 
publication in the Federal Register.

B. Basis and Purpose

    The East Venetian Causeway Bridge connects Rivo Alto Island and the 
four Venetian Causeway islands east of Miami to Belle Isle and Miami 
Beach, Florida. 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.
    Emergency repairs are required on both the East Venetian Causeway 
Bridge and the West Venetian Causeway Bridge. This rule will allow 
repairs to be completed on both bridges while minimizing impacts on 
vehicular and waterway traffic.
    On August 12, 2014, the East Venetian Causeway Bridge bridge owner, 
Miami-Dade County, and the Mayor of Miami Beach requested that the 
Coast Guard consider closing the East Venetian Causeway Bridge to all 
marine traffic during repairs to the approach span on west side of the 
Venetian Islands. The roadway leading to the West Venetian Causeway 
Bridge will be closed to vehicular traffic while repairs are completed 
on the approach span and Miami-Dade County will leave the West Venetian 
Causeway Bridge in the open to navigation position. While the West 
Venetian Causeway Bridge is in the open position, vehicles accessing 
islands along the Venetian Causeway will use the East Venetian Causeway 
Bridge.
    On April 20, 2015, the Coast Guard was advised that the East 
Venetian Bridge experienced an extensive mechanical breakdown which 
cannot be fixed prior to the start of West Venetian Approach 
replacement. These repairs can be completed while the bridge is in the 
closed position. However, due to the extensive repairs required to fix 
the East Venetian Bridge, all parties have agreed to allow the repairs 
to be completed after vehicle traffic is restored on the West Venetian 
Bridge. This rule will allow the East Venetian Bridge to remain closed 
to navigation until the repairs to the West Venetian Approach are 
completed and vehicle traffic movement has been restored.

C. Discussion of Comments, Changes and the Temporary Final Rule

    Title 33, Code of Federal Regulations, Section 117.269 requires the 
East Venetian Causeway Bridge to open on signal except from 7 a.m. to 7 
p.m., Monday through Friday when it opens on the hour and half-hour 
(Federal holidays excluded). On September 11, 2014, the Coast Guard 
published a NPRM that proposed amending the operating schedule for the 
East Venetian

[[Page 29945]]

Causeway Bridge by authorizing it to remain closed except for an 
opening at 10:30 a.m. and 7:30 p.m. daily from November 1, 2014 until 
August 1, 2015. This opening schedule was proposed to limit openings 
during West Venetian Causeway Bridge approach span repairs. Following 
publication of this proposed rule, Miami-Dade County determined that 
waterway and vehicular traffic would be least affected if repair work 
started during the summer months, after the conclusion of peak tourist 
season. Therefore, repair work did not commence during the time period 
proposed.
    Miami-Dade County recently notified the Coast Guard that it will be 
able to commence repairs to the West Venetian Causeway Bridge in June 
2015. Due to the recent mechanical failure of the East Venetian 
Causeway Bridge, the Coast Guard is making this rule effective prior to 
the commencement of construction on the West Venetian Causeway Bridge.
    In response to the NPRM, the Coast Guard received 13 comments, all 
of which expressed concerns with the ability of emergency vehicles to 
respond to incidents on Venetian Causeway islands in a timely manner if 
the East Venetian Causeway bridge operation fails while it is in the 
open to navigation position. The Coast Guard received no comments from 
the maritime community, but the proposed rule noted that maritime 
traffic can use the West Venetian Causeway Bridge to gain access to 
adjacent waterways while the East Venetian Causeway is closed.
    Based on draw tender logs, the Coast Guard found that vessel 
traffic on this waterway typically consists of recreational boats and 
two commercial passenger vessels. These vessels can use the West 
Venetian causeway bridge as a route of similar convenience while this 
rule is in effect.
    After considering comments received, the recent mechanical failure 
of the East Venetian Causeway Bridge, and the ability of maritime 
traffic to safely operate on waters adjacent to the East Venetian 
Causeway Bridge, the Coast Guard is amending the operating schedule for 
the East Venetian Causeway Bridge by authorizing full time closure 
until repairs can be made to the East and West Venetian Causeway 
Bridges. Miami-Dade County has confirmed that repairs to both bridges 
will be completed by the end of February 2016. Therefore, this rule is 
effective until February 28, 2016.

D. Regulatory Analyses

    We developed this 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 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 rule authorizes the East Venetian Causeway Bridge to remain in 
the closed to navigation position at all times while repairs are made. 
During the time period needed for these repairs, vessel traffic seeking 
access through the Venetian Causeway may transit through the West 
Venetian Causeway bridge or, alternatively, vessels may transit around 
Miami Beach. Therefore, this is not a significant regulatory action 
because alternative routes of similar convenience are available to 
maritime 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 received no comments from the Small Business 
Administration on this rule. 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.
    No changes were made to accommodate small entities. This rule would 
affect the following entities, some of which may be small entities: The 
owners or operators of vessels intending to transit the East Venetian 
Causeway Bridge. As discussed in 1. Regulatory Planning and Review 
above, these operators may use other routes to seek access to adjacent 
waterways.

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 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.
    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.

4. 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).

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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

[[Page 29946]]

8. Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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.

12. Energy Effects

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

14. Environment

    We have analyzed this 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 concluded 
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 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.

List of Subjects in 33 CFR Part 117 Bridges

    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; 33 CFR 1.05-1; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Effective 7 a.m. on May 26, 2015 to 7 p.m. on February 28, 2016, 
suspend Sec.  117.269 and add Sec.  117.T269 to read as follows:


Sec.  117.T269  Biscayne Bay.

    The Venetian Causeway Bridge (East) shall remain closed to 
navigation.

    Dated: May 7, 2015.
Melissa Bert,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 2015-12552 Filed 5-22-15; 8:45 am]
 BILLING CODE 9110-04-P