[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Rules and Regulations]
[Pages 16776-16778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08011]


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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: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Venetian Causeway Bridge (West) across the Atlantic 
Intracoastal Waterway mile 1088.6, and the operating schedule that 
governs the Venetian Causeway Bridge (East) across Biscayne Bay, Miami 
Beach, FL. This action will extend the daily twice an hour opening 
schedule of the Venetian Causeway Bridges (East and West) to include 
weekends and Federal holidays. This action is intended to reduce 
vehicular traffic caused by the on-demand weekend and Federal holiday 
bridge openings.

DATES: This rule is effective May 17, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0068 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 email LT Ruth Sadowitz, Coast Guard Sector Miami, FL, Waterways 
Management Division, telephone 305-535-4307, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
AICW Atlantic Intracoastal Waterway
FDOT Florida Department of Transportation
FL Florida
MHW Mean High Water

[[Page 16777]]

II. Background Information and Regulatory History

    On September 5, 2017, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Atlantic Intracoastal 
Waterway and Biscayne Bay, Miami, FL in the Federal Register (82 FR 
41901). We received 2 comments on this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.
    The Venetian Causeway Bridge (West), across the Atlantic 
Intracoastal Waterway, mile 1088.6, is a double leaf bascule bridge and 
has a vertical clearance of 12 feet at Mean High Water (MHW) in the 
closed to navigation position and a horizontal clearance of 90 feet 
between fenders. The Venetian Causeway Bridge (East), across Biscayne 
Bay, at Miami Beach, FL is a double leaf bascule bridge with a vertical 
clearance of 5 feet at MHW in the closed to navigation position and a 
horizontal clearance of 57 feet between fenders. Presently, in 
accordance with 33 CFR 117.261(nn) and 33 CFR 117.269, the bridges 
shall open on signal, except that from 7 a.m. to 7 p.m., Monday through 
Friday, except Federal holidays, the bridges need only open on the hour 
and half hour.
    Miami-Dade County, the bridge owner, and the Cities of Miami and 
Miami Beach requested the daily twice an hour operating schedule for 
both bridges be changed to include weekends and Federal holidays. This 
should provide relief to the increase vehicle traffic congestion on the 
weekends while meeting the reasonable needs of navigation.

IV. Discussion of Comments, Changes and the Final Rule

    Of the 2 comments received, one was a political statement that had 
no bearing on the proposed regulation; the second comment was in favor 
of the operating schedule change. The submitter in favor of the change 
did suggest that there may be a negative impact to small entities on 
land economically if the bridge is open for an extended period of time 
allowing vessels that have been waiting to pass and vice versa for 
commercial vessels that missed the opening and have to wait until the 
next scheduled opening. While the Coast Guard does acknowledge that 
there may be additional vessels waiting for openings due to this 
change, it should not have a substantial negative impact on land and 
maritime traffic as it mirrors the current operating schedule Monday 
through Friday.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (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 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 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 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.

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,

[[Page 16778]]

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.
    A Record of Environmental Consideration and a Memorandum for the 
Record 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. Amend Sec.  117.261 by revising paragraph (nn) to read as follows:


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

* * * * *
    (nn) The Venetian Causeway Bridge (West), mile 1088.6, at Miami. 
The draw shall 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 Venetian Causeway Bridge (East), across Miami Beach Channel. 
The draw shall 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.

    Dated: February 8, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2018-08011 Filed 4-16-18; 8:45 am]
 BILLING CODE 9110-04-P