[Federal Register Volume 86, Number 68 (Monday, April 12, 2021)]
[Proposed Rules]
[Pages 18927-18929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07430]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0658]
RIN 1625-AA09


Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the 63rd Street Bridge, across Indian Creek, mile 4.0, at Miami 
Beach, Florida. A request was made to place the drawbridge on a weekend 
operating schedule to alleviate vehicle congestion due to on-demand 
bridge openings. This proposed change would place the bridge on an 
operating schedule during the weekend at specified times. The Coast 
Guard is seeking comments from the public regarding this proposed 
change.

DATES: Comments and relate material must reach the Coast Guard on or 
before May 27, 2021.

ADDRESSES:  You may submit comments identified by docket number USCG-
2020-0658 using Federal e-Rulemaking Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

[[Page 18928]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LT Samuel Rodriguez-Gonzalez, U.S. Coast Guard, 
Sector Miami 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
FL Florida
FDOT Florida Department of Transportation
LNM Local Notice to Mariners

II. Background, Purpose and Legal Basis

    The 63rd Street Bridge across Indian Creek, mile 4.0, at Miami 
Beach, Florida is a double-leaf bascule bridge with an 11 foot vertical 
clearance at mean high water in the closed position. Navigation on the 
waterway is commercial and recreational.
    A private citizen, with the support from the bridge owner, Florida 
Departement of Transportation (FDOT), requested the Coast Guard 
consider changing the drawbridge schedule due to an increase in vehicle 
traffic during the weekends. The operating schedule for the bridge is 
set forth in 33 CFR 117.293.
    On December 3, 2020, the Coast Guard published a Test Deviation 
entitled ``Drawbridge Operation Regulation; Indian Creek, Miami Beach, 
FL'' in the Federal Register (85 FR 77994). We received 31 comments.
    Twenty-two comments were in favor of the proposed changes. The 
majority of commenters felt that placing the bridge on a specified 
operating schedule during the weekend eased vehicle traffic in a 
congested area and allowed for residents to plan outings accordingly. 
One commenter was in favor of the proposed weekend schedule but asked 
if the bridge opened all hours of the day and night. All bridges 
operate 24 hours a day, either on-demand or on a published schedule. 
One commenter in support of the proposed change stated the Coast Guard 
should monitor the no wake situation in Indian Creek during the 
weekends. The Florida Fish and Wildlife Conservation Commission (FWC) 
is responsible for enforcing state boating rules and regulations. One 
commenter was in favor of the proposed schedule but felt that Federal 
holidays and the weekday curfew should not be included. The proposed 
change does not include Federal holidays nor will a curfew be added 
during the weekend.
    Six comments were in favor of the proposed change but requested 
additional weekend restrictions be placed on the operation of the 
bridge. The additional restrictions included adding the weekday curfew, 
opening once an hour for vessels, adding a toll for vessels, extending 
the hours of the proposed schedule and removing the on-demand openings 
completely. The Coast Guard made the determination that adding 
additional restrictions on the bridge does not meet the reasonable 
needs of navigation for this area. Vessels have only one way to transit 
through Indian Creek at this location. Other modes of transportation 
have alternate routes to travel around this waterway.
    One commenter submitted comments in favor of the proposed changes 
but is not in favor of including the weekday curfew during the weekend. 
This commenter was traversing the waterway after the Test Deviation was 
implemented and was unreasonably delayed by the draw tender. The draw 
tender was not following the Coast Guard approved Test Deviation. This 
error was corrected without further incident.
    One commenter stated they needed to know the schedule of the 
bridge. The schedule for the bridge is published in 33 CFR 117.293 and 
the Test Deviation for the proposed changes was published in the 
regulation they were commenting on as well as in the Local Notice to 
Mariners (LNM).

III. Discussion of Proposed Rule

    The proposed rule will allow the drawbridge to operate on a more 
predictable weekend schedule. Under this proposed regulation change, 
the draw of the 63rd Street Bridge would provide twice an hour openings 
from 7:00 a.m. to 7:00 p.m. on Saturdays and Sundays, while maintaining 
the weekday schedule and curfew hours. On Federal holidays and at all 
other times not designated, the bridge will operate on-demand. These 
proposed changes will improve the flow of vehicle traffic while meeting 
the reasonable needs of navigation.
    This proposed change would still allow vessels that are capable of 
transiting under the bridge, without an opening, to do so at any time 
while taking into account the reasonable needs of other modes of 
transportation. Vessels in distress and public vessels of the United 
States must be allowed to pass 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 the fact that 
vessels can continue to transit the bridge at designated times 
throughout the day and vessels that can transit under the bridge 
without an opening 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 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

[[Page 18929]]

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 
section. 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 Governments

    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.

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 rule under Department of Homeland Security 
Management Directive 023-01, Rev.1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series), which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined that this action is one of a category of 
actions that does not individually or cumulatively have a significant 
effect on the human environment. This proposed rule promulgates the 
operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under paragraph 
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental 
Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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 https://www.regulations.gov. If your material cannot be 
submitted using https://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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  117.293 by revising the introductory text and paragraph 
(a) to read as follows:


Sec.  117.293   Indian Creek.

    The draw of the 63rd Street Bridge across Indian Creek, mile 4.0 at 
Miami Beach, shall open on signal except that:
    (a) From 7:00 a.m. to 7:00 p.m., except Federal holidays, the draw 
need open only on the hour and half-hour.
* * * * *

    Dated: March 25, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District.
[FR Doc. 2021-07430 Filed 4-9-21; 8:45 am]
BILLING CODE 9110-04-P