[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59298-59299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21207]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0371]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway 
(AICW) and Miami Beach Channel, Miami, FL

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

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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SUMMARY: The Coast Guard has issued a temporary deviation from the 
operating schedule that governs the West 79th Street Bridge crossing 
the Atlantic Intracoastal Waterway (AICW), mile 1084.6 at Miami, 
Florida, and the East 79th Street Bridge crossing Miami Beach Channel, 
mile 2.20 at Miami Beach, Florida. North Bay Village requested the 
Coast Guard consider placing additional weekday restrictions during 
rush hour on both drawbridges to assist with alleviating vehicle 
congestion. This deviation will test a proposed change to the 
drawbridge operation schedule to determine whether a permanent change 
to the schedule is needed. The Coast Guard is seeking comments from the 
public regarding these proposed changes.

DATES: This deviation is effective from 12:01 a.m. on October 1, 2022, 
through 11:59 p.m. on March 29, 2023.
    Comments and relate material must reach the Coast Guard on or 
before December 29, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0371 using Federal Decision Making 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this test 
deviation, call or email Ms. Jennifer Zercher, Bridge Management 
Specialist, Seventh Coast Guard District; telephone 305-415-6740, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background, Purpose and Legal Basis

    The West 79th Street Bridge crossing the AICW, mile 1084.6, at 
Miami, FL, is a double-leaf bascule bridge with a 21 foot vertical 
clearance (25 feet charted at the center span) at mean high water in 
the closed position. The normal operating schedule for the bridge is 
set forth in 33 CFR 117.261 (mm-1). The East 79th Street Bridge 
crossing the Miami Beach Channel, mile 2.20, at Miami Beach, FL, is a 
double-leaf bascule bridge with a 21 foot vertical clearance at mean 
high water in the closed position. The normal operating schedule for 
the bridge is set forth in 33 CFR 117.304. Navigation on the waterways 
consists of recreational and commercial mariners.
    North Bay Village with the support of the bridge owner, Florida 
Department of Transportation (FDOT), requested the Coast Guard consider 
allowing the drawbridges to remain closed to navigation during morning 
and evening rush hour with top of the hour openings provided at pre-
determined times. North Bay Village is requesting this change to assist 
with alleviating vehicle traffic in the area.
    On June 7, 2022, the Coast Guard published a notice of proposed 
rulemaking entitled, ``Drawbridge Operation Regulation; Atlantic 
Intracoastal Waterway (AICW) and Miami Beach Channel, Miami, FL'' in 
the Federal Register (87 FR 34601). We received one hundred twenty-six 
comments. Those comment will be addressed during the rulemaking.
    Under this test deviation both drawbridges shall operate as 
follows, Monday through Friday, except Federal holidays, both 
drawbridges need only open on the hour between 7 a.m. and 10 a.m. 
Between 10 a.m. and 4 p.m., both drawbridges need only open on the hour 
and half hour. From 4 p.m. to 7 p.m., both drawbridges need only open 
on the hour. From 7 p.m. to 7 a.m., both drawbridges shall open on 
signal. Saturday, Sunday, and Federal holidays, both drawbridges shall 
open on signal. Vessels that can pass beneath the drawbridges without 
an opening may do so at any time.
    The Coast Guard will also inform waterway users of the temporary 
change to the operating schedules via the Local and Broadcast Notice to 
Mariners so that vessel operators can arrange their transits to 
minimize any impact caused by the temporary deviation.

[[Page 59299]]

    In accordance with 33 CFR 117.35(e), the drawbridges must return to 
their regular operating schedules immediately at the end of the 
effective period of this temporary deviation. This deviation from the 
operating regulations is authorized under 33 CFR 117.35.

II. 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 Decision 
Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2022-0371 in the search box and click 
``Search.'' Next, look for this document in the Search Results column, 
and click on it. Then click on the Comment option. 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.
    To view documents mentioned in this deviation as being available in 
the docket, find the docket as described in the previous paragraph, and 
then select ``Supporting & Related Material'' in the Document Type 
column. Public comments will also be placed in our online docket and 
can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all 
comments received, but we will only post comments that address the 
topic of the deviation. We may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive. 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 of any 
posting or updates to the docket.
    We accept anonymous comments. Comments we post to https://www.regulations.gov 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).

    Dated: September 19, 2022.
Randall D. Overton,
Director, Bridge Administration, Seventh Coast Guard District.
[FR Doc. 2022-21207 Filed 9-29-22; 8:45 am]
BILLING CODE 9110-04-P