[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Proposed Rules]
[Pages 41901-41903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18711]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 82 , No. 170 / Tuesday, September 5, 2017 / 
Proposed Rules  

[[Page 41901]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0068]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway 
and Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes modifying the operating schedule that 
governs the Venetian Causeway Bridge (West) across the Atlantic 
Intracoastal Waterway mile 1088.6, Miami, FL and the operating schedule 
that governs the Venetian Causeway Bridge (East) across Biscayne Bay, 
Miami, FL. This action will extend the twice an hour opening schedule 
of the Venetian Causeway Bridges (East and West) across Miami Beach 
Channel and Atlantic Intracoastal Waterway, Miami, FL between 7 a.m. 
and 7 p.m., to include weekends and Federal holidays. This action is 
intended to reduce vehicular traffic caused by these bridges opening on 
demand on weekends

DATES: Comments and related material must reach the Coast Guard on or 
before: October 5, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0068 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Eddie Lawrence of the Coast Guard Bridge 
Branch; telephone 305-415-6946, 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
AICW Atlantic Intracoastal Waterway
FDOT Florida Department of Transportation

II. Background, Purpose and Legal Basis

    The Venetian Causeway Bridges (East and West) currently open on 
signal, except that between 7 a.m. and 7 p.m., Monday through Friday 
except Federal holidays these bridges open twice an hour, pursuant to 
33 CFR 117.269 and 33 CFR 117.261. Miami-Dade County, the bridge owner, 
and the Cities of Miami and Miami Beach have requested a change to the 
current operating schedule for both bridges to allow for scheduled 
openings twice an hour to include weekends as there has been an 
increase in both vehicle traffic and vessel traffic during these 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.
    The Venetian Causeway Bridge (East) across Miami Beach Channel, 
Miami, FL has a vertical clearance of 5 feet at MHW in the closed to 
navigation position and a horizontal clearance of 57 feet between 
fenders.
    The Venetian Causeway Bridge (West) across the Atlantic 
Intracoastal Waterway mile 1088.6, Miami, FL has a vertical clearance 
of 12 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. Under this 
proposed regulation, the draw of the Venetian Causeway Bridge (West), 
at Miami, Florida would open twice an hour, once on the hour and once 
on the half-hour, between the hours of 7 a.m. and 7 p.m.
    The Coast Guard proposes to amend 33 CFR 117.269. Under this 
proposed regulation, the draw of the Venetian Causeway Bridge (East) 
would open twice an hour, once on the hour and once on the half-hour, 
between the hours of 7 a.m. and 7 p.m.
    This change will still allow vessels to pass through the bridge 
while taking into account the reasonable needs of other modes of 
transportation. Emergency vessels and tugs with tows can still request 
openings at any time.

IV. 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 and Executive Orders and we discuss 
First Amendment rights of protestors.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the continued 
ability for vessels to transit the bridge during the twice-an-hour 
opening schedule. Vessels in distress, Public vessels of the United 
States and tugs with tows must be passed 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 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

[[Page 41902]]

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 (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, 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 Executive Order 
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.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this proposed 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, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be 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.

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, revise paragraph (nn) to read as follows:


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

* * * * *
    (nn) Venetian Causeway Bridge (West). The draw of the Venetian 
Causeway Bridge (West) mile 1088.6, at Miami, Florida will open on 
signal, except that from 7 a.m. to 7 p.m. daily, including Federal 
holidays, the draw need only open on the hour and half hour.
* * * * *
0
3. Revise Sec.  117.269 to read as follows:


Sec.  117.269  Biscayne Bay.

    The draw of the Venetian Causeway bridge (East), at Miami, Florida 
will open on signal, except that from 7 a.m. to 7 p.m. daily, including 
Federal holidays, the draw need only open on the hour and half hour.


[[Page 41903]]


    Dated: August 22, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-18711 Filed 9-1-17; 8:45 am]
BILLING CODE 9110-04-P