[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 [www.gpo.gov]
[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 https://www.regulations.gov.
    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 https://www.regulations.gov. To do so, go to https://www.regulations.gov, 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 https://www.regulations.gov, 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 https://www.regulations.gov 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 https://www.regulations.gov 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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