[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Rules and Regulations]
[Pages 16985-16987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06288]


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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, 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. A request was made to place the drawbridge on a weekend 
operating schedule to assist with alleviating vehicle congestion due to 
on demand drawbridge openings. This change extends the operating 
schedule to the weekend, so that openings on the hour and half-hour 
will be required every day of the week, except Federal Holidays.

DATES: This rule is effective April 25, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0658 in the ``SEARCH'' box and click ``SEARCH. In the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have any questions on this 
rule, call or email Ms. Jennifer Zercher, Bridge Management Specialist, 
Seventh Coast Guard District, telephone 305-415-6740, 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 Information and Regulatory History

    On December 3, 2020, the Coast Guard published a Test Deviation, 
with a request for comments, entitled Drawbridge Operation Regulation; 
Indian Creek, Miami Beach, FL, in the Federal Register (85 FR 77994), 
to test this operating schedule for the 63rd Street Bridge. Thirty one 
comments were received during the test period and those comments were 
addressed in the NPRM.
    On April 12, 2021, the Coast Guard published a Notice of Proposed 
Rulemaking entitled Drawbridge Operation Regulation; Indian Creek, 
Miami Beach, FL in the Federal Register (86 FR 18927). There we stated 
why we issued the NPRM and invited comments on our proposed regulatory 
action related to this regulatory change. During the comment period 
that ended May 27, 2021, we received one comment which is addressed in 
Section IV of this Final Rule.
    On June 24, 2021, the Coast Guard reopened the comment period in 
the Federal Register (86 FR 33153). There we stated why we reopened the 
comment period and invited comments on our proposed regulatory action 
related to this regulatory change. During the comment period that ended 
July 26, 2021, we received three hundred and thirteen comments, and 
those comments are addressed in Section IV of this Final 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, FL, is a double-leaf bascule bridge with an 11 foot vertical 
clearance at mean high water in the closed position. The operating 
schedule for the drawbridge is set forth in 33 CFR 117.293. Navigation 
on the waterway is commercial and recreational.
    A private citizen, with the support from the bridge owner, Florida 
Department of Transportation (FDOT), requested the Coast Guard consider 
placing the drawbridge on a weekend operating schedule to assist with 
alleviating vehicle congestion due to on demand bridge openings. The 
bridge currently operates on a schedule during the weekdays. This 
change extends the operating schedule to the weekend. Openings on the 
hour and half-hour will be required every day of the week, including 
Saturday and Sunday.

IV. Discussion of Comments, Changes and the Final Rule

    During the NPRM and the reopening of the NPRM comment period, three 
hundred and fourteen comments were received. One hundred and forty 
seven comments were in support of the proposed change but did not 
provide additional recommendations or opinions.

[[Page 16986]]

    One hundred and nineteen comments were in support of the proposed 
change but requested additional restrictions be placed on the operation 
of the drawbridge. The additional restrictions included allowing the 
drawbridge to only open four times a day, only open once an hour, allow 
the drawbridge to remain closed to navigation at all times, limit the 
amount of time the drawbridge remained in the open to navigation 
position, extending the hours of the proposed schedule and removing the 
on demand openings completely. The Coast Guard recognizes that when the 
drawbridge opens to marine traffic, there is an interruption in vehicle 
traffic flow. However, the traffic congestion in the area surrounding 
the 63rd Street Bridge is not solely the result of the drawbridge's 
operation. We have the responsibility to ensure that drawbridges are 
operated so that they are a minimum obstruction to waterway traffic 
while taking into account all modes of transportation. In order to help 
reduce motor vehicle traffic delays and congestion, the Coast Guard has 
authorized the drawbridge to operate on a schedule during weekdays, and 
now have authorized the drawbridge to operate on this proposed weekend 
schedule. We made the determination that adding restrictions beyond the 
proposal will not meet the reasonable needs of navigation for this 
waterway. 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.
    Six comments were received against the proposed weekend schedule. 
The commenters felt that the drawbridge is restricted enough during the 
weekday and boaters should continue to be able to request weekend 
openings on demand. The Coast Guard feels it reasonable to place the 
drawbridge on a weekend operating schedule to assist in alleviating 
vehicle congestion in the area.
    Thirty four comments were received but did not provide an opinion 
on the proposed operating schedule. The comments were directed toward 
overall traffic congestion, roadway design, an increase in charter 
vessels, vessel wakes, noise from charter vessels, and general comments 
on the drawbridge not associated with the proposed operating schedule. 
The Coast Guard will provide these comments to the appropriate agency 
that has enforcement authority.
    Six comments were duplicate entries and addressed above. Two were 
blank entries providing no opinions.

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. 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).
    This regulatory action determination is based on the ability that 
vessels can still transit the drawbridge during the scheduled openings. 
Additionally, vessels capable of transiting the waterway 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 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.
    While some owners or operators of vessels intending to transit the 
drawbridge 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 
section.
    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, 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, Rev.1,

[[Page 16987]]

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 do not individually or cumulatively have a 
significant effect on the human environment. This rule promulgates the 
operating regulations or procedures for drawbridges and is 
categorically excluded from further review, under paragraph L49, of 
Chapter 3, Table3-1 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.

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; 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, FL, shall open on signal except that:
    (a) Each day from 7 a.m. to 7 p.m., except Federal holidays, the 
draw need open only on the hour and half-hour;
* * * * *

    Dated: March 17, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District.
[FR Doc. 2022-06288 Filed 3-24-22; 8:45 am]
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