Rule2023-10096
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
May 11, 2023
Effective
June 12, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is modifying the operating schedule that governs the West 79th Street Bridge across the Atlantic Intracoastal Waterway (AICW), mile 1084.6, at Miami, Florida, and the East 79th Street Bridge across Miami Beach Channel, mile 2.20, at Miami Beach, Florida. This action will place the West and East 79th Street Bridges on a once an hour opening schedule during peak traffic hours, Monday through Friday, except Federal holidays. This action is intended to assist with reducing vehicular traffic congestion in the area.
Full Text
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<title>Federal Register, Volume 88 Issue 91 (Thursday, May 11, 2023)</title>
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[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Rules and Regulations]
[Pages 30231-30233]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10096]
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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: Final rule.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the West 79th Street Bridge across the Atlantic Intracoastal
Waterway (AICW), mile 1084.6, at Miami, Florida, and the East 79th
Street Bridge across Miami Beach Channel, mile 2.20, at Miami Beach,
Florida. This action will place the West and East 79th Street Bridges
on a once an hour opening schedule during peak traffic hours, Monday
through Friday, except Federal holidays. This action is intended to
assist with reducing vehicular traffic congestion in the area.
DATES: This rule is effective June 12, 2023.
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 the
docket number (USCG-2022-0371) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Jennifer Zercher, Bridge
[[Page 30232]]
Management Specialist, Seventh Coast Guard District; telephone 305-415-
6740, email <a href="/cdn-cgi/l/email-protection#713b141f1f181714035f3f5f2b14031219140331040212165f1c181d"><span class="__cf_email__" data-cfemail="eda7888383848b889fc3a3c3b7889f8e85889fad989e8e8ac3808481">[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
FL Florida
AICW Atlantic Intracoastal Waterway
II. Background Information and Regulatory History
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). 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 July 22,
2022, we received one hundred twenty-six comments, and those comments
are addressed in Section IV of this Final Rule.
On September 20, 2022, the Coast Guard published a Test Deviation
entitled ``Drawbridge Operation Regulation; Atlantic Intracoastal
Waterway (AICW) and Miami Beach Channel, Miami, FL'' in the Federal
Register (87 FR 59298). There we stated why we issued the Test
Deviation and invited comments on our proposed regulatory action
related to this regulatory change. During the comment period that ended
December 29, 2022, we received two hundred two 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 West 79th Street Bridge across 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 across 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, 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 requested this change to assist
with alleviating vehicle traffic congestion in the area.
IV. Discussion of Comments, Changes and the Final Rule
During the NPRM comment period, 126 were received. One hundred
fifteen comments were in support of the proposed change. Comments in
general supported the change with multiple comments asking for further
restrictions. Comments to further restrict navigation included not
opening during daylight hours and opening once an hour. The Coast Guard
feels additional operating restrictions on these waterways would create
an unreasonable obstruction across navigable waters of the United
States which is contrary to federal law. Eight comments had no opinion
on the proposed change but provided general comments on the operation
of the bridges. Comments were made that the bridges are not being
properly maintained and have frequent failures. These comments were
outside the scope of the NPRM, and the comments were made available to
the bridge owner. Three comments opposed the proposed change. The
comments stated the bridge should not open hourly because it is during
rush hour. These commenters misunderstood the bridge operation,
however, because this action will reduce the drawbridge openings by
only allowing the bridge to open hourly verses the current schedule of
twice an hour.
During the Test Deviation comment period, 202 comments were
received. One hundred seventy-eight comments were in support of the
test deviation and proposed changes. Like the NPRM comments, most
appeared to be part of a mass mailing campaign by residents and North
Bay Village employees and included identical or very similar comments.
One North Bay Village employee stated the bridges should be permanently
closed to navigation and nine others wanted additional restrictions
which included not opening during rush hour. Comments to permanently
close or allow the drawbridge not to open during rush hour would create
an unreasonable obstruction across navigable waters of the United
States and is contrary to federal law. Seven comments had no opinion on
the proposed change but mentioned the bridge failures, and that a new
bridge should be considered. These comments were outside the scope of
the test deviation and the comments were made available to the bridge
owner. Eight comments were duplicate entries.
We did not make changes to the regulatory text as a result of these
comments. We did, however, make a change to the numbering scheme within
117.261.
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.
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 fact that
vessels can still transit the bridges at designated times throughout
the day, and vessels that can transit under the bridges 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
bridge may be small entities, for the reasons stated in section V.A
above, this rule
[[Page 30233]]
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, 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, 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 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. 00170.1. Revision No. 01.3
0
2. Amend Sec. 117.261 by redesignating paragraph (nn) as paragraph
(oo) and adding new paragraph (nn) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(nn) West 79th Street Bridge, mile 1084.6, at Miami, Florida. The
draw shall operate as follows:
(1) Monday through Friday (except on Federal holidays):
(i) 7 a.m. to 10 a.m. the draw need only open on the hour.
(ii) 10 a.m. to 4 p.m. the draw need only open on the hour and half
hour.
(iii) 4 p.m. to 7 p.m. the draw need only open on the hour.
(iv) 7 p.m. to 7 a.m. the draw shall open on signal.
(2) Saturday, Sunday, and Federal holidays the draw shall open on
signal.
* * * * *
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.
(b) Saturday, Sunday, and Federal holidays the draw shall open on
signal.
Dated: May 4, 2023.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander Coast Guard Seventh District.
[FR Doc. 2023-10096 Filed 5-10-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 11, 2023.
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.