[Federal Register: January 25, 2007 (Volume 72, Number 16)]
[Rules and Regulations]
[Page 3366-3368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja07-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-07-010]
RIN 1625-AA09 (Formerly RIN 2115-AE47)
Drawbridge Operation Regulations; Biscayne Bay, Atlantic
Intracoastal Waterway, Miami River, and Miami Beach Channel, Miami-Dade
County, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing 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, the Miami Avenue bridge and the Brickell Avenue
bridge across the Miami River, Miami-Dade County. This temporary final
rule allows these bridges to remain in the closed position during the
running of the Miami Marathon on January 28, 2007. By doing so, this
will allow the footrace to take place without runners being
unnecessarily delayed.
DATES: This rule is effective from 6 a.m. until 12:25 p.m. on January
28, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD07-07-010] and are available for
inspection or copying at Commander (dpb), Seventh Coast Guard District,
909 SE. 1st Avenue, Suite 432, Miami, Florida 33131-3028 between 7 a.m.
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Bridge Branch, (305)
415-6747.
SUPPLEMENTARY INFORMATION: We did not publish a notice of proposed
rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists for not publishing an NPRM.
This is the fourth year in which this annual footrace has taken place,
and each year it affects the same bridges in an identical fashion. No
public comments have ever been received upon publishing an NPRM in past
years.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The event for which the rule is
necessary is scheduled to occur less
[[Page 3367]]
than 30 days from the date of publication. Therefore, waiting an
additional 30 days from the date of publication to make this rule
effective is both unnecessary and impracticable.
Background and Purpose
As in previous years, the Miami Marathon Director requested that
the Coast Guard temporarily change the existing regulations governing
the operation of the east and west spans of the Venetian Causeway
bridges, the Miami Avenue bridge and the Brickell Avenue bridge to
allow them to remain in the closed position during the Miami Marathon
on January 28, 2007. Closure times range from 6 a.m. through 12:25 p.m.
Each closure is timed to match the expected pace and location of event
participants. Each bridge will remain in the closed position for a
limited period of time. 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 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 4:45 p.m. to 6:15 p.m. Monday through Friday, the draw
need not be opened. 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. The draw shall open at any time
for public vessels of the United States, tugs with tows, regularly
scheduled cruise vessels and vessels in distress.
The current regulation governing the operation of the west span of
the Venetian Causeway, Atlantic Intracoastal Waterway mile 1088.6, at
Miami, is published in 33 CFR 117.5 and requires the draw to open
promptly and fully for the passage of vessels when a request to open is
given.
The regulation governing the Miami Avenue bridge, mile 0.3, at
Miami, is published in 33 CFR 117.305 (c) and requires that the bridge
open on signal; except that, from 7:35 a.m. to 8:59 a.m., 12:05 p.m. to
12:59 p.m. and 4:35 p.m. to 5:59 p.m., Monday through Friday, except
Federal holidays, the draw need not open for the passage of vessels.
The regulation governing the Brickell Avenue bridge, mile 0.1, at
Miami, is published in 33 CFR 117.305 (d) and requires that the bridge
shall open on signal; except that, from 7 a.m. to 7 p.m., Monday
through Friday except Federal holidays, the draw need open only on the
hour and half-hour. From 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59
p.m. and 4:35 p.m. to 5:59 p.m., Monday through Friday except Federal
holidays, the draw need not open for the passage of vessels.
Regulatory Evaluation
This 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. Based on previous years experience with
this footrace, we expect the economic impact of this temporary rule to
be so minimal that a full Regulatory Evaluation is unnecessary. The
short duration of time during which the bridges will remain in the
closed position on January 28, 2007, will have little, if any, economic
impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: the owners or operators of vessels that will
require passage through these bridges during the morning hours of
January 28, 2007. These vessels will not be able to pass through these
bridges during the effective times of this rule. However, this rule
will be in effect for a limited amount of time on a Sunday morning when
traffic is extremely low. No public comments were received regarding
previous years' races.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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.
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).
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 rule under
that Order and have 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 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 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.
Taking of Private Property
This rule will 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 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 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
[[Page 3368]]
to health or risk to safety that might disproportionately affect
children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
and Department of Homeland Security Management Directive 5100.1, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation. Under figure 2-1, paragraph (32)(e), of the Instruction,
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. In Sec. 117.269, from 6 a.m. to 8:55 a.m. on January 28, 2007,
temporarily designate the existing regulatory text as paragraph (a);
suspend paragraph (a); and add a new paragraph (b) to read as follows:
Sec. 117.269 Biscayne Bay.
* * * * *
(b) The draw of the east span of the Venetian Causeway bridge
across the Miami Beach Channel need not open from 6 a.m. to 8:55 a.m.
on January 28, 2007. Public vessels of the United States and vessels in
distress shall be passed at any time.
0
3. In Sec. 117.261, from 6:10 a.m. until 9:30 a.m. on January 28,
2007, temporarily suspend paragraph (nn), and add a new paragraph (oo)
to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(oo) The draw of the west span of the Venetian Causeway bridge,
mile 1088.6 at Miami need not open from 6:10 a.m. until 9:30 a.m. on
January 28, 2007. Public vessels of the United States and vessels in
distress shall be passed at any time.
0
4. In Sec. 117.305, from 6:25 a.m. until 10:15 a.m. on January 28,
2007, paragraphs (c) and (d) are suspended and new paragraphs (e) and
(f) are added to read as follows:
Sec. 117.305 Miami River.
* * * * *
(e) The draws of the Miami Avenue bridge, mile 0.3, and the S.W.
Second Avenue Bridge, mile 0.5, at Miami, shall open on signal; except
that, from 6:25 a.m. to 10:15 a.m. on January 28, 2007, the draw of the
Miami Avenue bridge need not open for the passage of vessels. Public
vessels of the United States and vessels in distress shall be passed at
any time.
(f) The draw of the Brickell Avenue bridge across the Miami River,
mile 0.1, at Miami, need not open from 7:10 a.m. to 12:25 p.m. on
January 28, 2007. Public vessels of the United States and vessels in
distress shall be passed at any time.
Dated: January 18, 2007.
D.W. Kunkel,
RADM, U. S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. E7-1027 Filed 1-24-07; 8:45 am]
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