Rule2025-05748
Drawbridge Operation Regulation; Miami River, North Fork, 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
April 4, 2025
Effective
April 4, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is temporarily modifying the operating schedule that governs the Florida Department of Transportation (FDOT) Railroad Bridge, across the Miami River, North Fork, mile 5.3, at Miami, FL. This action is necessary to allow for construction of an adjacent railroad bridge. The proximity and construction method prevents the bridge from opening to marine traffic. Until the construction is complete the bridge must remain in the closed position.
Full Text
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<title>Federal Register, Volume 90 Issue 64 (Friday, April 4, 2025)</title>
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[Federal Register Volume 90, Number 64 (Friday, April 4, 2025)]
[Rules and Regulations]
[Pages 14728-14730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05748]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2025-0204]
RIN 1625-AA09
Drawbridge Operation Regulation; Miami River, North Fork, Miami,
FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Florida Department of Transportation (FDOT)
Railroad Bridge, across the Miami River, North Fork, mile 5.3, at
Miami, FL. This action is necessary to allow for construction of an
adjacent railroad bridge. The proximity and construction method
prevents the bridge from opening to marine traffic. Until the
construction is complete the bridge must remain in the closed position.
DATES: This temporary interim rule is effective April 4, 2025 through
11:59 p.m. on December 31, 2027.
Comments and related material must reach the Coast Guard on or
before July 3, 2025.
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-2025-0204) 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
temporary interim rule, call or email Ms. Jennifer Zercher, Bridge
Management Specialist, Seventh Coast Guard District; telephone 571-607-
5951, email <a href="/cdn-cgi/l/email-protection#8cc6e9e2e2e5eae9fea2c2a2d6e9feefe4e9feccf9ffefeba2e1e5e0"><span class="__cf_email__" data-cfemail="81cbe4efefe8e7e4f3afcfafdbe4f3e2e9e4f3c1f4f2e2e6afece8ed">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
FL Florida
FDOT Florida Department of Transportation
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. The proximity and construction method of an adjacent
railroad bridge keeps this bridge in the closed to navigation position.
On September 9, 2024, the Coast Guard issued a General Deviation
which allowed the bridge owner, FDOT, to deviate from the current
operating schedule in 33 CFR 117.307 to begin construction of an
adjacent railroad bridge which will replace this bridge. Due to a delay
in the start of construction and changes to the construction method,
the bridge owner has requested an extension of closure that will take
the project past the allowable 180 days for a deviation. The project
will run past the end date of March 8, 2025, of the General Deviation.
Since the bridge cannot open to navigation until the completion of the
adjacent railroad bridge, there is insufficient time to provide a
reasonable comment period and then consider those comments before
issuing the modification.
However, we will be soliciting comments on this rulemaking during
the first 90 days while this rule is in effect. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective in less than 30 days after publication
in the Federal Register. For reasons presented above, delaying the
effective date of this rule would be impracticable and contrary to the
public interest because the bridge is currently unable to safely open
to for marine traffic and will not be able to until the adjacent
railroad bridge is completed.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under
authority in 33 U.S.C. 499. The FDOT Railroad Bridge, across the Miami
River, North Fork, mile 5.3, at Miami, FL, is a single bascule bridge
with a 6-foot vertical clearance at mean high water in the closed
position. The normal operating schedule is set forth in 33 CFR 117.307.
The existing drawbridge regulation states that the draw of the FDOT
Railroad Bridge, mile 5.3, shall open on signal if at least 48-hour
advance notice is given. FDOT, the bridge owner, has requested to keep
the bridge in the closed position during the construction of an
adjacent railroad bridge.
IV. Discussion of the Temporary Interim Rule
The Coast Guard is issuing this rule to allow the bridge owner of
the FDOT Railroad Bridge across the Miami River, mile 5.3, Miami, FL,
to keep the bridge in the closed to navigation position
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until December 31, 2027. The rule is necessary to accommodate the
construction of an adjacent railroad bridge due to the proximity and
construction method.
V. Regulatory Analyses
We developed this temporary interim 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, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, it
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the fact that
little, or no commercial or recreational vessel traffic will be
impacted by this rule. A water control structure is located 750 feet
upriver from the bridge and no waterside facilities are available.
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 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 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, Table3-1 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
VI. 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.
Submitting comments. 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-2025-0204 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.
Viewing material in docket. 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
[[Page 14730]]
following instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently
Asked Questions web page. Also, 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 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.
Personal information. 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 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 DHS Delegation No.
00170.1. Revision No. 01.3
Sec. 117.307 [Stayed]
0
2. Stay Sec. 117.307.
0
3. Add Sec. 117.307T to read as follows:
Sec. 117.307T Miami River, North Fork
The draw of the Florida Department of Transportation (FDOT)
Railroad Bridge, mile 5.3 at Miami, Florida need not open to
navigation.
Dated: March 24, 2025.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2025-05748 Filed 4-3-25; 8:45 am]
BILLING CODE 9110-04-P
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