[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Rules and Regulations]
[Pages 18990-18992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08257]


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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: Final rule.

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SUMMARY: The Coast Guard is 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: This rule is effective May 25, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0768. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e- 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 10, 2016, we published a notice of proposed rulemaking 
(NPRM) titled Drawbridge Operation Regulation; Atlantic Intracoastal 
Waterway and Indian Creek, Miami, FL in the Federal Register (81 FR 
28795). There we stated why we issued the NPRM and invited comments on 
our proposed regulatory action related to the East and West 79th Street 
Bridges. During the comment period that ended on June 11, 2016, we 
received 12 comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499. The East and West 79th Street Bridges currently open upon request 
or 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 
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 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 mean high water (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.

[[Page 18991]]

IV. Discussion of Comments, Changes and the Final Rule

    As noted above, the Coast Guard received 12 comments to the NPRM 
published on May 10, 2016. All 12 of the comments were in favor of 
changing the existing on-demand schedule to a twice an hour opening 
schedule from 7 a.m. to 7 p.m. One comment requested that this bridge 
only open when vessels are waiting or when there is a request to open. 
This stipulation is covered by other regulations in 33 CFR part 117 and 
will only open at the designated times if requested by vessel 
operators.
    This rule will allow the draw of the West 79th Street Bridges, 
across the AICW and Indian Creek at Miami, Florida to 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. This is a 
significant change from the on-demand schedule both bridges were 
previously operating on.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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 Executive Order 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 bridge during the scheduled opening 
times.

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 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. 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 rule would 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 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 Executive Order 
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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 determined 
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 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.


[[Page 18992]]


    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. In Sec.  117.261, add paragraph (mm-1) to read as follows:


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

* * * * *
    (mm-1) 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: April 19, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-08257 Filed 4-24-17; 8:45 am]
BILLING CODE 9110-04-P