[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Proposed Rules]
[Pages 28795-28797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10921]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0768]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway 
and Indian Creek, Miami, 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 West 79th Street Bridge across the Atlantic Intracoastal 
Waterway mile 1084.6, Miami, FL and the operating schedule that governs 
the East 79th Street Bridge across Miami Beach Channel, Miami, FL. This 
action will place the East and West 79th Street Bridges across Miami 
Beach Channel and Atlantic Intracoastal Waterway, Miami, FL on a twice 
an hour opening schedule between 7 a.m. and 7 p.m., Monday through 
Friday, except Federal holidays. This action is intended to reduce 
vehicular traffic caused by these bridges opening on demand.

DATES: Comments and related material must reach the Coast Guard on or 
before July 11, 2016.

ADDRESSES:  You may submit comments identified by docket number USCG-
2015-0768 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Michael Lieberum of the Coast Guard; telephone 
305-415-6744, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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
FDOT Florida Department of Transportation
AICW Atlantic Intracoastal Waterway

II. Background, Purpose and Legal Basis

    The East and West 79th Street Bridges currently open on signal, 
pursuant to 33 CFR 117.5, which results in frequent openings that 
restrict vehicle traffic during the day, especially during morning and 
afternoon rush hour traffic. The Florida Department of Transportation 
(FDOT), the bridge owner, and the City of North Bay Village requested a 
change to the current operating schedule for both bridges to allow for 
scheduled openings twice an hour during peak traffic times. Bridge logs 
indicate these bridges open up to four times an hour or more during 
peak travel times, which results in frequent vehicular traffic 
disruptions.
    This proposed regulation would reduce vehicle traffic backups 
without unreasonably restricting vessel traffic by scheduling two 
openings per hour during peak traffic times, thereby balancing the 
needs of both modes of transportation.
    Additionally, other bridges on this section of the Intracoastal 
Waterway and Miami Channel open two times per hour. The proposed 
scheduled openings will align the 79th Street bridge openings with 
other bridges on the Intracoastal, namely, the Broad Causeway Bridge to 
the North (33 CFR 117.261(mm)) and The Venetian Causeway Bridge to the 
South (33 CFR 117.261(nn)), thereby allowing vessels to plan voyages 
during opening times and vehicles to schedule commutes around these 
openings.
    The East 79th Street Bridge across Miami Beach Channel, Miami, FL 
has a vertical clearance of 25 feet at MHW in the closed to navigation 
position and a horizontal clearance of 60 feet between fenders.
    The West 79th Street Bridge across the Atlantic Intracoastal 
Waterway mile 1084.6, Miami, FL has a vertical clearance of 25 feet at 
MHW in the closed to navigation position and a horizontal clearance of 
90 feet between fenders.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.261. The Coast Guard 
will add paragraph (mm1) to this section. Under this proposed 
regulation, the draw of the West 79th Street Bridges, at Miami, Florida 
would open twice an hour, once on the hour and once on the half-hour, 
Monday through Friday between the hours of 7 a.m. and 7 p.m. During 
nights and weekends and on Federal holidays, the Bridge would open on 
signal.
    The Coast Guard further proposes to add section 117.304 to title 33 
of the CFR. This section will be entitled ``Miami Beach Channel'' and 
would add the schedule for the East 79th Street Bridge that will be 
identical to the proposed schedule for the West 79th Street Bridge 
stated above.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on these statutes and E.O.s and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting

[[Page 28796]]

flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on vessels being able 
to plan voyages that require transiting the bridge during the scheduled 
opening periods or, when capable of doing so, vessels may transit under 
the bridge at any time. This rule will further meet the reasonable 
needs of navigation while taking into consideration the reasonable 
needs of vehicular traffic.

B. 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.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section IV.A 
above this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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.

C. 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.).

D. Federalism and Indian Tribal Government

    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 is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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.

F. 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. 
Normally such actions are categorically excluded from further review, 
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.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

[[Page 28797]]

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.

0
2. In Sec.  117.261, add paragraph (mm1) to read as follows:


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

* * * * *
    (mm1) West 79th Street Bridge. The draw of the West 79th Street 
Bridge, at Miami, Florida will 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.
* * * * *
0
3. Add Sec.  117.304 to read as follows:


Sec.  117.304  Miami Beach Channel.

    The draw of the East 79th Street bridge, at Miami, Florida will 
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.

    Dated: May 4, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-10921 Filed 5-9-16; 8:45 am]
 BILLING CODE 9110-04-P