Rule2022-06288
Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 25, 2022
Effective
April 25, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 58 (Friday, March 25, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
<a href="/cdn-cgi/l/email-protection#014b646f6f686764732f4f2f5b64736269647341747262662f6c686d"><span class="__cf_email__" data-cfemail="7b311e1515121d1e09553555211e0918131e093b0e08181c55161217">[email protected]</span></a>.
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]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on March 25, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.