[Federal Register: December 20, 2002 (Volume 67, Number 245)]
[Proposed Rules]
[Page 77949-77951]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de02-13]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD07-02-151]
RIN 2115-AE47
Drawbridge Operation Regulations; Biscayne Bay, Atlantic
Intracoastal Waterway, Miami River, Miami-Dade County, Florida
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily change the regulations
governing the operation of the East and West Spans of the Venetian
Causeway bridges across the Miami Beach Channel on the Atlantic
Intracoastal Waterway, and the Brickell Avenue and Miami Avenue bridges
across the Miami River, Miami-Dade County. This proposed rule would
allow these bridges to remain in the closed position during the running
of the Miami Tropical Marathon on February 2, 2003.
DATES: Comments and related material must reach the Coast Guard on or
before January 21, 2003.
ADDRESSES: You may mail comments and related material to Commander
(obr), Seventh Coast Guard District, 909 SE. 1st Ave, Room 432, Miami,
FL 33131. Comments and material received from the public, as well as
documents indicated in the preamble as being available in the docket,
are part of [CGD07-02-151] and are available for inspection or copying
at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st Avenue,
Room 432, Miami, FL 33131 between 8 a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Seventh Coast Guard
District, Bridge Branch, 909 SE. 1st Ave Miami, FL 33131, telephone
number 305-415-6743.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD07-02-
151], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
We anticipate making this proposed rule effective less than 30 days
after the date of publication in the Federal Register because the event
is scheduled for February 2, 2003 and we want to allow enough time for
the public to comment on this proposed rule.
Public Meeting
A public meeting has not been scheduled for this proposed rule.
However, you may submit a request for a meeting by writing to Bridge
Branch, Seventh Coast Guard District, 909 SE 1st Ave, Room 432, Miami,
FL 33131, explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
The Miami Tropical Marathon Director has requested that the Coast
Guard temporarily change the existing regulations governing the
operation of the East and West Spans of the Venetian Causeway bridges,
and the Brickell Avenue and Miami Avenue bridges to allow them to
remain in the closed position during the running of the Miami Tropical
Marathon on February 2, 2003. The marathon route passes over these four
bridges and any bridge opening would disrupt the race. Based on the
limited time the bridges would be closed, the Coast Guard believes it
can accommodate the request while still providing for the reasonable
needs of navigation.
The East and West Spans of the Venetian Causeway bridges are
located between Miami and Miami Beach. The current regulation governing
the operation of the East Span of the Venetian Causeway bridge is
published in 33 CFR 117.269 and requires the bridge to open on signal;
except that, from November 1 through April 30 from 7:15 a.m. to 8:45
a.m. and from 4:45 p.m. to 6:15 p.m. Monday through Friday, the draw
need not be opened.
[[Page 77950]]
However, the draw shall open at 7:45 a.m., 8:15 a.m., 5:15 p.m., and
5:45 p.m., if any vessels are waiting to pass. The draw shall open on
signal on Thanksgiving Day, Christmas Day, New Year's Day, and
Washington's Birthday. Moreover, the bridge must open for public
vessels of the United States, tugs with tows, regularly scheduled
cruise vessels, and vessels in distress.
The regulation governing the West Span of the Venetian Causeway
bridge is published in 33 CFR 117.5 and requires the bridge to open on
signal.
The operating schedule of the Brickell Avenue and Miami Avenue
bridges is published in 33 CFR 117.305 and requires each bridge to open
on signal; except that, from 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6
p.m. Monday through Friday except Federal holidays, the draws need not
be opened for the passage of vessels. Public vessels of the United
States and vessels in an emergency involving danger to life or property
are allowed to pass at any time.
We believe that this proposed rule would not adversely affect the
reasonable needs of navigation due to the limited time the bridges
would be in the closed position.
Discussion of Proposed Rule
The Coast Guard proposes to temporarily change the operating
regulations of the East and West Spans of the Venetian Causeway
bridges, and the Brickell Avenue and Miami Avenue bridges on February
2, 2003. This proposed rule would allow the East Span of the Venetian
Causeway bridge to remain closed from 6:10 a.m. to 8:30 a.m. on
February 2, 2003. The proposed rule would allow the West Span of the
Venetian Causeway to remain closed from 6:15 a.m. to 9:20 a.m. on
February 2, 2003. The Brickell Avenue bridge would be allowed to remain
closed from 7:10 a.m. to 11:59 a.m. on February 2, 2003. The Miami
Avenue bridge would be allowed to remain closed from 6:30 a.m. to 10
a.m. on February 2, 2003. Public vessels of the United States and
vessels in distress shall be passed at anytime.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Transportation (DOT) (44 FR 11040, February 26, 1979). We expect the
economic impact of this proposed rule to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary because preliminary data indicates
that there have been limited numbers of requests for openings during
these time periods and this proposed rule still provides for regular
openings throughout the day.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 because the proposed rule will only be in
effect for a limited period of time and race committee officials are
working with affected parties to minimize the impact of this proposed
rule.
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 to the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rule would economically
affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If this
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the person listed
under FOR FURTHER INFORMATION CONTACT. We also have a point of contact
for commenting on actions by employees of the Coast Guard. 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).
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and determined that it does not have implications for
federalism.
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 regulatory
actions not specifically required by law. 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 or more in any one year. Although this proposed rule would
not result in such an expenditure, we do discuss the effects of this
rule elsewhere in this preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to
[[Page 77951]]
safety that might disproportionately affect children.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a statement of Energy Effects
under Executive Order 13211.
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
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); Section
117.255 also issued under authority of Pub. L. 102-587, 106 Stat.
5039.
2. From 6:15 a.m. until 9:20 a.m. on February 2, 2003, in Sec.
117.261 add temporary paragraph (ss) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(ss) West Span of the Venetian Causeway, mile 1088.6 at Miami. The
draw need not open from 6:15 a.m. until 9:20 a.m. on February 2, 2003.
Public vessels of the United States and vessels in distress shall be
passed at anytime.
3. From 6:10 a.m. until 8:30 a.m. on February 2, 2003, suspend
Sec. 117.269 and add a new temporary Sec. 117.T151 to read as
follows:
Sec. 117.T151 Biscayne Bay.
The draw of the East Span of the Venetian Causeway bridge across
Miami Beach Channel need not open from 6:10 a.m. to 8:30 a.m. on
February 2, 2003. Public vessels of the United States and vessels in
distress shall be passed at anytime.
4. From 6:30 a.m. until 11:59 a.m. on February 2, 2003, suspend
Sec. 117.305 and add a new temporary Sec. 117.T159 to read as
follows:
Sec. 117.T159 Miami River.
The draw of each bridge from the mouth to and including the N.W.
27th Avenue bridge, mile 3.7 at Miami, except the Miami Avenue and
Brickell Avenue bridges, shall open on signal: except that, from 7:30
a.m. to 9 a.m. and from 4:30 p.m. to 6 p.m. Monday through Friday
except Federal holidays, the draws need not be opened for the passage
of vessels. The Miami Avenue bridge, across the Miami River, need not
open from 6:30 a.m. to 10 a.m. on February 2, 2003 and the Brickell
Avenue bridge, across the Miami River, need not open from 7:10 a.m. to
11:59 a.m. on February 2, 2003. Public vessels of the United States and
vessels in an emergency involving danger to life or property shall be
passed at any time.
Dated: December 13, 2002.
James S. Carmichael,
Rear Admiral, Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 02-32140 Filed 12-19-02; 8:45 am]
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