Rule2022-21207
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway (AICW) and Miami Beach Channel, Miami, 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
September 30, 2022
Effective
October 1, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard has issued a temporary deviation from the operating schedule that governs the West 79th Street Bridge crossing the Atlantic Intracoastal Waterway (AICW), mile 1084.6 at Miami, Florida, and the East 79th Street Bridge crossing Miami Beach Channel, mile 2.20 at Miami Beach, Florida. North Bay Village requested the Coast Guard consider placing additional weekday restrictions during rush hour on both drawbridges to assist with alleviating vehicle congestion. This deviation will test a proposed change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. The Coast Guard is seeking comments from the public regarding these proposed changes.
Full Text
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<title>Federal Register, Volume 87 Issue 189 (Friday, September 30, 2022)</title>
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[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59298-59299]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21207]
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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, Department of Homeland Security (DHS).
ACTION: Notice of temporary deviation from regulations; request for
comments.
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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the West 79th Street Bridge crossing
the Atlantic Intracoastal Waterway (AICW), mile 1084.6 at Miami,
Florida, and the East 79th Street Bridge crossing Miami Beach Channel,
mile 2.20 at Miami Beach, Florida. North Bay Village requested the
Coast Guard consider placing additional weekday restrictions during
rush hour on both drawbridges to assist with alleviating vehicle
congestion. This deviation will test a proposed change to the
drawbridge operation schedule to determine whether a permanent change
to the schedule is needed. The Coast Guard is seeking comments from the
public regarding these proposed changes.
DATES: This deviation is effective from 12:01 a.m. on October 1, 2022,
through 11:59 p.m. on March 29, 2023.
Comments and relate material must reach the Coast Guard on or
before December 29, 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 test
deviation, 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#0248676c6c6b6467702c4c2c586770616a677042777161652c6f6b6e"><span class="__cf_email__" data-cfemail="c882ada6a6a1aeadbae686e692adbaaba0adba88bdbbabafe6a5a1a4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. 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. North Bay Village is requesting this change to assist
with alleviating vehicle traffic in the area.
On June 7, 2022, the Coast Guard published a notice of proposed
rulemaking entitled, ``Drawbridge Operation Regulation; Atlantic
Intracoastal Waterway (AICW) and Miami Beach Channel, Miami, FL'' in
the Federal Register (87 FR 34601). We received one hundred twenty-six
comments. Those comment will be addressed during the rulemaking.
Under this test deviation both drawbridges shall 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. and 4 p.m., both 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., both drawbridges shall open on
signal. Saturday, Sunday, and Federal holidays, both drawbridges shall
open on signal. Vessels that can pass beneath the drawbridges without
an opening may do so at any time.
The Coast Guard will also inform waterway users of the temporary
change to the operating schedules via the Local and Broadcast Notice to
Mariners so that vessel operators can arrange their transits to
minimize any impact caused by the temporary deviation.
[[Page 59299]]
In accordance with 33 CFR 117.35(e), the drawbridges must return to
their regular operating schedules immediately at the end of the
effective period of this temporary deviation. This deviation from the
operating regulations is authorized under 33 CFR 117.35.
II. 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 deviation 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 deviation. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive. 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 of any
posting or updates to the docket.
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).
Dated: September 19, 2022.
Randall D. Overton,
Director, Bridge Administration, Seventh Coast Guard District.
[FR Doc. 2022-21207 Filed 9-29-22; 8:45 am]
BILLING CODE 9110-04-P
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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.