[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Proposed Rules]
[Pages 28795-28797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10921]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2015-0768]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway
and Indian Creek, Miami, FL.
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes modifying the operating schedule that
governs the West 79th Street Bridge across the Atlantic Intracoastal
Waterway mile 1084.6, Miami, FL and the operating schedule that governs
the East 79th Street Bridge across Miami Beach Channel, Miami, FL. This
action will place the East and West 79th Street Bridges across Miami
Beach Channel and Atlantic Intracoastal Waterway, Miami, FL on a twice
an hour opening schedule between 7 a.m. and 7 p.m., Monday through
Friday, except Federal holidays. This action is intended to reduce
vehicular traffic caused by these bridges opening on demand.
DATES: Comments and related material must reach the Coast Guard on or
before July 11, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2015-0768 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Michael Lieberum of the Coast Guard; telephone
305-415-6744, 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
Sec. Section Symbol
U.S.C. United States Code
FDOT Florida Department of Transportation
AICW Atlantic Intracoastal Waterway
II. Background, Purpose and Legal Basis
The East and West 79th Street Bridges currently open on signal,
pursuant to 33 CFR 117.5, which results in frequent openings that
restrict vehicle traffic during the day, especially during morning and
afternoon rush hour traffic. The Florida Department of Transportation
(FDOT), the bridge owner, and the City of North Bay Village requested a
change to the current operating schedule for both bridges to allow for
scheduled openings twice an hour during peak traffic 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.
This proposed regulation would reduce vehicle traffic backups
without unreasonably restricting vessel traffic by scheduling two
openings per hour during peak traffic times, thereby balancing the
needs of both modes of transportation.
Additionally, other bridges on this section of the Intracoastal
Waterway and Miami Channel open two times per hour. The proposed
scheduled openings will align the 79th Street bridge openings with
other bridges on the Intracoastal, namely, the Broad Causeway Bridge to
the North (33 CFR 117.261(mm)) and The Venetian Causeway Bridge to the
South (33 CFR 117.261(nn)), thereby allowing vessels to plan voyages
during opening times and vehicles to schedule commutes around these
openings.
The East 79th Street Bridge across Miami Beach Channel, Miami, FL
has a vertical clearance of 25 feet at MHW in the closed to navigation
position and a horizontal clearance of 60 feet between fenders.
The West 79th Street Bridge across the Atlantic Intracoastal
Waterway mile 1084.6, Miami, FL has a vertical clearance of 25 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. The Coast Guard
will add paragraph (mm1) to this section. Under this proposed
regulation, the draw of the West 79th Street Bridges, at Miami, Florida
would open twice an hour, once on the hour and once on the half-hour,
Monday through Friday between the hours of 7 a.m. and 7 p.m. During
nights and weekends and on Federal holidays, the Bridge would open on
signal.
The Coast Guard further proposes to add section 117.304 to title 33
of the CFR. This section will be entitled ``Miami Beach Channel'' and
would add the schedule for the East 79th Street Bridge that will be
identical to the proposed schedule for the West 79th Street Bridge
stated above.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on these statutes and E.O.s and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
[[Page 28796]]
flexibility. This NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget.
This regulatory action determination is based on vessels being able
to plan voyages that require transiting the bridge during the scheduled
opening periods or, when capable of doing so, vessels may transit under
the bridge at any time. This rule will further meet the reasonable
needs of navigation while taking into consideration the reasonable
needs of vehicular traffic.
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
Fairness Act of 1996 (Public Law 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 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 E.O. 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.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not 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 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, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this notice, and all public comments, are 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.
[[Page 28797]]
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, add paragraph (mm1) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(mm1) West 79th Street Bridge. The draw of the West 79th Street
Bridge, at Miami, Florida will open on signal, except that from 7 a.m.
to 7 p.m. Monday through Friday, except Federal holidays, the draw need
only open on the hour and half hour.
* * * * *
0
3. Add Sec. 117.304 to read as follows:
Sec. 117.304 Miami Beach Channel.
The draw of the East 79th Street bridge, at Miami, Florida will
open on signal, except that from 7 a.m. to 7 p.m. Monday through
Friday, except Federal holidays, the draw need only open on the hour
and half hour.
Dated: May 4, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2016-10921 Filed 5-9-16; 8:45 am]
BILLING CODE 9110-04-P