Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Proposed Rules 34601 

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. 

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 

Benjamin.d.adrien@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 

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. 


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34602 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Proposed Rules 

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 

■ 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. 

■ 2. Amend § 117.261 by removing 

paragraph (mm-1), adding paragraph 

(mm)(1), and reserving paragraph 

(mm)(2) to read as follows: 

§ 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] 

* * * * * 

■ 3. Revise § 117.304 to read as follows 

§ 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. 


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Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Proposed Rules 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0436] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Umatilla Marina, Umatilla, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain waters of Umatilla Marina. This 

action is necessary to provide for the 

safety of life on these navigable waters 

near Umatilla, OR, during a fireworks 

display on June 25th, 2022. This 

proposed rulemaking would prohibit 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port Columbia River or a 

designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 22, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0436 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LT Sean 

Murphy, Waterways Management 

Division, Marine Safety Unit Portland, 

Coast Guard; telephone 503–240–9319, 

email D13-SMB-MSUPortlandWWM@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Columbia River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On March 07, 2022, Western Display 

Fireworks, LTD notified the Coast Guard 

that it will be conducting a fireworks 

display from 10 to 10:30 p.m. on June 

25, 2022. The fireworks are to be 

launched from a site on land in the 

Umatilla Marina, OR. Hazards from 

firework displays include accidental 

discharge of fireworks, dangerous 

projectiles, and falling hot embers or 

other debris. The Captain of the Port 

Columbia River (COTP) has determined 

that potential hazards associated with 

the fireworks would be a safety concern 

for anyone within a 400-foot radius of 

the launch site before, during, or after 

the fireworks display. 

The purpose of this rulemaking is to 

ensure the safety of vessels and the 

navigable waters within a 400-foot 

radius of the fireworks discharge site 

before, during, and after the scheduled 

event. The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

safety zone from 9:30 to 11 p.m. on June 

25, 2022. The safety zone would cover 

all navigable waters within 400 feet of 

the launch site located at approximately 

45°55′37.50′′ N, 119°19′47.60′′ W in the 

Umatilla Marina, Oregon. The duration 

of the zone is intended to ensure the 

safety of vessels and these navigable 

waters before, during, and after the 

scheduled 10 to 10:30 p.m. fireworks 

display. No vessel or person would be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. 

The regulatory text we are proposing 

appears at the end of this document. 

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 a number of 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, 

this NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. The safety 

zone created by this proposed rule is 

designed to minimize its impact on 

navigable waters. The safety zone will 

impact approximately a 400 foot area of 

Umatilla Marina and is not anticipated 

to exceed 1.5 hours in duration. Thus, 

restrictions on vessel movement within 

that particular area are expected to be 

minimal. Moreover, under certain 

conditions vessels may still transit 

through the safety zone when permitted 

by the COTP. The Coast Guard would 

issue a Notice to Mariners about the 

zone, and the rule would allow vessels 

to seek permission to enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 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 safety 

zone 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 proposed 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 call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. The Coast 

Guard will not retaliate against small 


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