Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations 16985 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a special local regulation for the Fort 

Lauderdale Air Show to provide for the 

safety of life on navigable waterways 

during this event. During the 

enforcement periods, the operator of any 

vessel in the regulated area must 

comply with directions from the Patrol 

Commander or any Official Patrol 

displaying a Coast Guard ensign. 

DATES: The regulation in 33 CFR 

100.702, Table 1 to § 100.702, Item 3, 

will be enforced from 9 a.m. to 6 p.m., 

each day from April 29, 2022 through 

May 1, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Mr. Omar 

Beceiro, Sector Miami Waterways 

Management Division, U.S. Coast 

Guard: Telephone: 305–535–4317, 

Email: Omar.Beceiro@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a special local 

regulation in 33 CFR 100.702, Table 1 to 

§ 100.702, Item 3, for the Fort 

Lauderdale Air Show, from 9 a.m. to 6 

p.m., each day from Friday April 29, 

2022 through Sunday May 1, 2022. The 

Coast Guard is taking this action to 

provide for the safety of life on 

navigable waterways during the event. 

Our regulation for recurring marine 

events, Sector Miami, 33 CFR 100.702, 

Table 1 to § 100.702, Item 3, specifies 

the location of the regulated area which 

encompasses a portion of Atlantic 

Ocean east of Fort Lauderdale Beach. 

Only event sponsor designated 

participants and official patrol vessels 

will be allowed to enter the regulated 

area. During the enforcement periods, as 

reflected in § 100.702, if you are the 

operator of a vessel in the regulated area 

you must comply with directions from 

the Patrol Commander or any Official 

Patrol displaying a Coast Guard ensign. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners and 

marine information broadcasts. 

Dated: March 22, 2022. 

J. F. Burdian, 

Captain, U.S. Coast Guard, Captain of the 

Port Miami. 

[FR Doc. 2022–06301 Filed 3–24–22; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 https://

www.regulations.gov. 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 Jennifer.N.Zercher@

uscg.mil. 

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) 

§ 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. 


lotter on DSK11XQN23PROD with RULES1
16986 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations 

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, 


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Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations 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 

■ 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. 

■ 2. Amend § 117.293 by revising the 

introductory text and paragraph (a) to 

read as follows: 

§ 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0215] 

RIN 1625–AA00 

Safety Zone for Pollution Responders; 

Neva Strait, Sitka, AK 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 100-yard 

radius of oil spill recovery vessels in 

Neva Strait. The safety zone is needed 

to protect personnel, vessels, and the 

marine environment from potential 

hazards created by pollution response 

efforts. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Southeast Alaska. 

DATES: This rule is effective without 

actual notice from March 25, 2022 

twenty-four hours per day until 6 p.m. 

on March 27, 2022. For the purposes of 

enforcement, actual notice will be used 

from noon on March 21, 2022 until 

March 25, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0215 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Jesse Collins, 

Waterways Management Division, U.S. 

Coast Guard; telephone 907–463–2846, 

email Jesse.O.Collins@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary 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)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because a vessel 

ran aground, causing a significant oil 

spill, and immediate action is needed to 

respond to the potential safety hazards 

associated with pollution response 

efforts. It is impracticable to publish an 

NPRM because we must establish this 

safety zone by March 21, 2022. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with pollution response 

efforts in Neva Strait. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Southeast Alaska 

(COTP) has determined that potential 

hazards associated with pollution 

response efforts starting March 21, 2021, 

will be a safety concern for anyone 

within a 100-yard radius of oil spill 

recovery vessels in Neva Strait. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone for the duration of pollution 

response efforts. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

effective twenty-four hours per day until 

6 p.m. on March 27, 2022. The safety 

zone will cover all navigable waters 

within 100 yards of vessels and 

machinery being used by personnel to 

respond to a significant oil spill. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters for the duration of pollution 

response efforts. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. 

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 protestors. 


lotter on DSK11XQN23PROD with RULES1