[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Rules and Regulations]
[Pages 36798-36800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13458]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0940]
RIN 1625-AA09


Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the 63rd Street Bridge across Indian Creek, mile 4.0, at Miami 
Beach, FL. This rule implements restrictions that allow the bridge to 
remain closed during peak vehicle traffic times. Bridge openings during 
peak vehicle traffic times cause major traffic jams that may be avoided 
without negatively impacting vessel traffic on the Indian Creek. 
Modifying the bridge operating schedule will reduce major vehicle 
traffic issues during rush hour times.

DATES: This rule is effective July 8, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0940. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Rod Elkins with the Coast Guard; telephone 305-415-
6989, 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On February, 18, 2016, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Indian Creek, Miami 
Beach, FL in the Federal Register (81 FR 8168). We received 508 
comments on this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The 63rd Street Bridge across Indian Creek, mile 4.0, at Miami 
Beach, Florida is a single leaf bascule bridge. It has a vertical 
clearance of 11 feet at mean high water in the closed position and a 
horizontal clearance of 50 feet. Presently, in accordance with 33 CFR 
117.5, the 63rd Street Bridge is required to open on signal for the 
passage of vessels. Traffic on the waterway includes both commercial 
and recreational vessels.
    The City of Miami Beach and Miami Dade County determined through 
bridge studies, traffic logs, and public meetings that restricting 
bridge openings during peak traffic hours will significantly reduce 
vehicular traffic congestion. Based on this determination, the City of 
Miami Beach requested this action to alleviate additional traffic 
congestion created by bridge openings during peak hours.
    In addition to changing the schedule to allow for limited openings 
during the regular work week, the Coast Guard is making a regulatory 
change that will apply during the annual boat show. Every year in mid-
February the City of Miami Beach hosts the Yacht and Brokerage Show 
which creates unusually high vehicle and vessel traffic during the 
weeks before and after the show. The Coast Guard typically issues 
temporary deviations to the 63rd Street Bridge operations that help 
balance vessel and vehicle needs during those times. The Coast Guard is 
adopting the annual temporary deviation as part of this bridge 
regulation. The bridge owner, Florida Department of Transportation 
concurs with this Final Rule change.

IV. Discussion of Comments, Changes and the Final Rule

    There were 508 comments received concerning the proposed rule. Of 
these comments, 497 were in favor of the proposed rule. Eight comments 
recommended various additional closure times that place more 
restrictions on bridge openings and do meet the reasonable needs of 
navigation. Two comments recommended openings on the hour and half hour 
at all times of day. The Coast Guard did not adopt these proposals 
because they are less restrictive than necessary to balance the needs 
of vehicle traffic during peak travel hours of the day and more 
restrictive than necessary to accommodate the reasonable needs of 
maritime navigation outside times of increased vehicle traffic. One 
comment recommended placing a toll system for openings on the bridge. 
This rulemaking seeks to set an operating schedule that will balance 
the needs of vehicle traffic with the reasonable needs of navigation. 
Therefore, the Coast Guard did not accept this proposal because it is 
outside the scope of this rulemaking.
    The Coast Guard is adding Sec.  117.293 as proposed without change.

V. Regulatory Analyses

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

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 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the ability that 
vessels can still transit the waterway during scheduled openings. 
Additionally, vessels that are capable of transiting under the bridge 
in the closed position, may do so at any time.

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 received zero 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.
    This rule may affect the following entities, some of which might be 
small entities: The owners or operators of vessels that require more 
than eleven feet vertical clearance that need to transit the bridge 
during daytime closure periods. Vessels will still be allowed to 
transit this waterway at all times if they can clear without an 
opening, or at the specified times if they need the bridge open. This 
change in operating schedule will still meet the reasonable needs of 
navigation while taking into account other modes of transportation.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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, 
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

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about this rule or any policy or action of the Coast Guard.

C. 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).

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 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 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.

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

F. 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 made a 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is 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.

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.

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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Add Sec.  117.293 to read as follows:


Sec.  117.293  Indian Creek.

    The draw of the 63rd Street Bridge, Indian Creek mile 4.0, at Miami 
Beach, shall open on signal except as follows:
    (a) 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.
    (b) From 7:10 a.m. to 9:55 a.m. and 4:05 p.m. to 6:59 p.m., Monday 
through Friday except Federal holidays, the draw need not open for the 
passage of vessels.
    (c) In February of each year during the period seven days prior to 
the City of Miami Beach Yacht and Brokerage Show and the four days 
following the show, from 10 a.m. to 4 p.m., the bridge need not open 
except for 10 minutes at the top of the hour. At all other times the 
bridge shall operate on its normal schedule.

    Dated: June 2, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-13458 Filed 6-7-16; 8:45 am]
 BILLING CODE 9110-04-P