Proposed Rule2022-11743
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway (AICW) and Miami Beach Channel, Miami, FL
Primary source
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Published
June 7, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to modify the operating schedule that governs the West 79th Street Bridge crossing the Atlantic Intracoastal Waterway (AICW), mile 1084.6 at Miami, Florida and the operating schedule that governs the East 79th Street Bridge crossing Miami Beach Channel, mile 2.20 at Miami Beach, FL. This action will place the East and West 79th Street Bridges crossing Miami Beach Channel and Atlantic Intracoastal Waterway, Miami, FL on a once an hour opening schedule during peak traffic hours, Monday through Friday, except Federal holidays. This action is intended to reduce vehicular traffic caused by these bridges opening at their current schedule. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 109 (Tuesday, June 7, 2022)</title>
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[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Proposed Rules]
[Pages 34601-34603]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11743]
[[Page 34601]]
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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, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the West 79th Street Bridge crossing the Atlantic Intracoastal
Waterway (AICW), mile 1084.6 at Miami, Florida and the operating
schedule that governs the East 79th Street Bridge crossing Miami Beach
Channel, mile 2.20 at Miami Beach, FL. This action will place the East
and West 79th Street Bridges crossing Miami Beach Channel and Atlantic
Intracoastal Waterway, Miami, FL on a once an hour opening schedule
during peak traffic hours, Monday through Friday, except Federal
holidays. This action is intended to reduce vehicular traffic caused by
these bridges opening at their current schedule. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before July 22, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0371 using Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 proposed
rule, call or email LTJG Benjamin Adrien, USCG Sector Miami Waterways
Division Chief, the Coast Guard; telephone 305-535-4307 email
<a href="/cdn-cgi/l/email-protection#397b5c575358545057175d17585d4b505c57794c4a5a5e17545055"><span class="__cf_email__" data-cfemail="175572797d767a7e793973397673657e72795762647470397a7e7b">[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
FDOT Florida Department of Transportation
II. 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. This proposed regulation would reduce vehicle traffic
backups without unreasonably restricting vessel traffic by scheduling
one opening per hour during peak traffic times, thereby balancing the
needs of both modes of transportation.
III. Discussion of Proposed Rule
The proposed rule will allow the drawbridges to only open once an
hour during weekday rush hours. Under this proposed rule the
drawbridges would 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. to 4 p.m. the 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. the drawbridges shall
open on signal. Saturday, Sunday, and Federal Holidays the drawbridges
shall open on signal. Vessels that can pass beneath the bridge without
an opening may do so at any time.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the fact that
vessels can still transit the bridge at designated times throughout the
day, and vessels that can transit under the bridge without an opening
may do so at any time. This proposed 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 proposed 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 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed 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. 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.
[[Page 34602]]
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 Governments
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 Executive Order
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.
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, Rev. 1, 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 proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 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 proposed 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 Decision
Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the
person in the FOR FURTHER INFORMATION CONTACT section of this document
for alternate instructions.
To view documents mentioned in this proposed rule 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page. We review all
comments received, but we will only post comments that address the
topic of the proposed rule. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
We accept anonymous comments. Comments we post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
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; DHS Delegation No.
0170.1.
0
2. Amend Sec. 117.261 by removing paragraph (mm-1), adding paragraph
(mm)(1), and reserving paragraph (mm)(2) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(mm) * * *
(1) West 79th Street Bridge, mile 1084.6, at Miami, Florida. The
draw shall operate as follows:
(i) Monday through Friday (except on Federal holidays)
(A) 7 a.m. to 10 a.m. the draw need only open on the hour;
(B) 10 a.m. to 4 p.m. the draw need only open on the hour and half
hour;
(C) 4 p.m. to 7 p.m. the draw need only open on the hour;
(D) 7 p.m. to 7 a.m. the draw shall open on signal.
(ii) Saturday, Sunday and Federal holidays the draw shall open on
signal.
(2) [Reserved]
* * * * *
0
3. Revise Sec. 117.304 to read as follows
Sec. 117.304 Miami Beach Channel.
The draw of the East 79th Street Bridge, mile 2.20, at Miami Beach,
Florida. The draw shall operate as follows:
(a) Monday through Friday (except on Federal holidays)
(1) 7 a.m. to 10 a.m. the draw need only open on the hour;
(2) 10 a.m. to 4 p.m. the draw need only open on the hour and half
hour;
(3) 4 p.m. to 7 p.m. the draw need only open on the hour;
(4) 7 p.m. to 7 a.m. the draw shall open on signal.
[[Page 34603]]
(b) Saturday, Sunday and Federal holidays the draw shall open on
signal.
Dated: May 25, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander Coast Guard Seventh District.
[FR Doc. 2022-11743 Filed 6-6-22; 8:45 am]
BILLING CODE 9110-04-P
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