81 FR 36798 - Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 110 (June 8, 2016)
Coast Guard
Federal Register Volume 81, Issue 110 (June 8, 2016)
| Page Range | 36798-36800 | |
| FR Document | 2016-13458 |
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)] [Rules and Regulations] [Pages 36798-36800] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13458] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0940] 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. This rule implements restrictions that allow the bridge to remain closed during peak vehicle traffic times. Bridge openings during peak vehicle traffic times cause major traffic jams that may be avoided without negatively impacting vessel traffic on the Indian Creek. Modifying the bridge operating schedule will reduce major vehicle traffic issues during rush hour times. DATES: This rule is effective July 8, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2015-0940. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. [[Page 36799]] FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Rod Elkins with the Coast Guard; telephone 305-415- 6989, email [email protected]. 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 II. Background Information and Regulatory History On February, 18, 2016, we published a notice of proposed rulemaking (NPRM) entitled Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL in the Federal Register (81 FR 8168). We received 508 comments on this 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, Florida is a single leaf bascule bridge. It has a vertical clearance of 11 feet at mean high water in the closed position and a horizontal clearance of 50 feet. Presently, in accordance with 33 CFR 117.5, the 63rd Street Bridge is required to open on signal for the passage of vessels. Traffic on the waterway includes both commercial and recreational vessels. The City of Miami Beach and Miami Dade County determined through bridge studies, traffic logs, and public meetings that restricting bridge openings during peak traffic hours will significantly reduce vehicular traffic congestion. Based on this determination, the City of Miami Beach requested this action to alleviate additional traffic congestion created by bridge openings during peak hours. In addition to changing the schedule to allow for limited openings during the regular work week, the Coast Guard is making a regulatory change that will apply during the annual boat show. Every year in mid- February the City of Miami Beach hosts the Yacht and Brokerage Show which creates unusually high vehicle and vessel traffic during the weeks before and after the show. The Coast Guard typically issues temporary deviations to the 63rd Street Bridge operations that help balance vessel and vehicle needs during those times. The Coast Guard is adopting the annual temporary deviation as part of this bridge regulation. The bridge owner, Florida Department of Transportation concurs with this Final Rule change. IV. Discussion of Comments, Changes and the Final Rule There were 508 comments received concerning the proposed rule. Of these comments, 497 were in favor of the proposed rule. Eight comments recommended various additional closure times that place more restrictions on bridge openings and do meet the reasonable needs of navigation. Two comments recommended openings on the hour and half hour at all times of day. The Coast Guard did not adopt these proposals because they are less restrictive than necessary to balance the needs of vehicle traffic during peak travel hours of the day and more restrictive than necessary to accommodate the reasonable needs of maritime navigation outside times of increased vehicle traffic. One comment recommended placing a toll system for openings on the bridge. This rulemaking seeks to set an operating schedule that will balance the needs of vehicle traffic with the reasonable needs of navigation. Therefore, the Coast Guard did not accept this proposal because it is outside the scope of this rulemaking. The Coast Guard is adding Sec. 117.293 as proposed without change. V. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on a number of these statutes and E.O.s, and we discuss First Amendment rights of protesters. A. Regulatory Planning and Review E.O.s 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. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the ability that vessels can still transit the waterway during scheduled openings. Additionally, vessels that are capable of transiting under the bridge in the closed position, 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. This rule may affect the following entities, some of which might be small entities: The owners or operators of vessels that require more than eleven feet vertical clearance that need to transit the bridge during daytime closure periods. Vessels will still be allowed to transit this waterway at all times if they can clear without an opening, or at the specified times if they need the bridge open. This change in operating schedule will still meet the reasonable needs of navigation while taking into account other modes of transportation. 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, above. 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 [[Page 36800]] 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 E.O. 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 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule simply promulgates the operating regulations or procedures for drawbridges. This action is categorically excluded from further review, under figure 2-1, paragraph (32)(e), of the Instruction. Under figure 2-1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not 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; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 117.293 to read as follows: Sec. 117.293 Indian Creek. The draw of the 63rd Street Bridge, Indian Creek mile 4.0, at Miami Beach, shall open on signal except as follows: (a) From 7 a.m. to 7 p.m., Monday through Friday except Federal holidays, the draw need open only on the hour and half-hour. (b) From 7:10 a.m. to 9:55 a.m. and 4:05 p.m. to 6:59 p.m., Monday through Friday except Federal holidays, the draw need not open for the passage of vessels. (c) In February of each year during the period seven days prior to the City of Miami Beach Yacht and Brokerage Show and the four days following the show, from 10 a.m. to 4 p.m., the bridge need not open except for 10 minutes at the top of the hour. At all other times the bridge shall operate on its normal schedule. Dated: June 2, 2016. S.A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2016-13458 Filed 6-7-16; 8:45 am] BILLING CODE 9110-04-P
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property held by the REIT at the end of period beginning on the date that is ten on or after, June 7, 2016. For conversion
the taxable year in which the related years before the date of a section 355 transactions that occurred on or after
section 355 distribution occurs shall be distribution (the related section 355 January 2, 2002 and before June 7, 2016,
increased by an amount equal to the distribution); and see § 1.337(d)–7 as contained in 26 CFR
amount of gain so recognized, increased (ii) The C corporation or the REIT part 1 in effect on April 1, 2016.
by the amount of the REIT’s recognized engaging in the related section 355 (iii) Recognition period. Paragraphs
built-in loss for such taxable year, and distribution is either— (b)(1)(ii), (b)(2)(iii), and (d)(2)(iii) of this
reduced by the amount of the REIT’s (A) The distributing corporation or section applies to conversion
recognized built-in gain and recognized the controlled corporation, as those transactions that occur on or after
built-in gain carryover for such taxable terms are defined in section 355(a)(1); or August 8, 2016. For conversion
year. (B) A member of the separate transactions that occurred on or after
(B) Allocation of basis increase. The affiliated group (as defined in section January 2, 2002 and before August 8,
aggregate increase in basis by reason of 355(b)(3)(B)) of the distributing 2016, see § 1.337(d)–7 as contained in
paragraph (b)(4)(ii)(A) of this section corporation or the controlled 26 CFR part 1 in effect on April 1, 2016.
shall be allocated among the converted corporation. (h) Expiration date. The applicability
property in proportion to their (2) Predecessors and successors. For of this section expires on June 7, 2019.
respective built-in gains on the date of purposes of this paragraph (f), any
the conversion transaction. reference to a controlled corporation or John Dalrymple,
(5) [Reserved]. For further guidance, a distributing corporation includes a Deputy Commissioner for Services and
see § 1.337(d)–7(b)(5). reference to any predecessor or Enforcement.
(c) Election of deemed sale successor of such corporation. Approved: May 11, 2016.
treatment—(1) In general. Section Predecessors and successors include Mark J. Mazur,
1.337(d)–7(b) and paragraph (b) of this corporations which succeed to and take Assistant Secretary of the Treasury (Tax
section do not apply if the C corporation into account items described in section Policy).
that qualifies as a RIC or a REIT or 381(c) of the distributing corporation or [FR Doc. 2016–13443 Filed 6–7–16; 8:45 am]
transfers property to a RIC or a REIT the controlled corporation, and BILLING CODE 4830–01–P
makes the election described in corporations having such items to
§ 1.337(d)–7(c)(5) or is treated as making which the distributing corporation or
such election under paragraph (c)(6) of the controlled corporation succeeded
this section. A C corporation that makes, DEPARTMENT OF HOMELAND
and took into account.
or is treated as making, such an election (3) Exclusion of certain conversion SECURITY
recognizes gain and loss as if it sold the transactions. A C corporation or a REIT Coast Guard
converted property to an unrelated party is not described in paragraph (f)(1) of
at fair market value on the deemed sale this section if— 33 CFR Part 117
date (as defined in § 1.337(d)–7(c)(3)). (i) The distributing corporation and
See § 1.337(d)–7(c)(4) concerning the controlled corporation are both [Docket No. USCG–2015–0940]
limitations on the use of loss in REITs immediately after the related
computing gain. Section 1.337(d)–7(c) section 355 distribution (including by RIN 1625–AA09
and this paragraph (c) do not apply if reason of elections under section
Drawbridge Operation Regulation;
their application would result in the 856(c)(1) made after the related section
Indian Creek, Miami Beach, FL
recognition of a net loss. For this 355 distribution that are effective before
purpose, net loss is the excess of the related section 355 distribution) and AGENCY: Coast Guard, DHS.
aggregate losses over aggregate gains at all times during the two years ACTION: Final rule.
(including items of income), without thereafter;
regard to character. (ii) Section 355(h)(1) does not apply SUMMARY: The Coast Guard is changing
(2) through (5) [Reserved]. For further to the related section 355 distribution by the operating schedule that governs the
guidance, see § 1.337(d)–7(c)(2) through reason of section 355(h)(2)(B); or 63rd Street Bridge across Indian Creek,
(5). (iii) The related section 355 mile 4.0, at Miami Beach, FL. This rule
(6) Conversion transaction following a distribution is described in a ruling implements restrictions that allow the
section 355 distribution. A C request referred to in section 311(c) of bridge to remain closed during peak
corporation described in paragraph (f)(1) Division Q of the Consolidated vehicle traffic times. Bridge openings
of this section is treated as having made Appropriations Act, 2016, Public Law during peak vehicle traffic times cause
the election under § 1.337(d)–7(c)(5) 114–113, 129 Stat. 2422. major traffic jams that may be avoided
with respect to a conversion transaction (g) Effective/Applicability date. (1) without negatively impacting vessel
if the conversion transaction occurs [Reserved]. For further guidance, see traffic on the Indian Creek. Modifying
following the related section 355 § 1.337(d)–7(g)(1). the bridge operating schedule will
distribution (as defined in paragraph (2) Special rules. (i) [Reserved]. For reduce major vehicle traffic issues
(f)(1)(i) of this section) and the C further guidance, see § 1.337(d)– during rush hour times.
corporation has not made such election. 7(g)(2)(i).
DATES: This rule is effective July 8,
(7) through (e) [Reserved]. For further (ii) Conversion transactions occurring
on or after June 7, 2016. Paragraphs 2016.
guidance, see § 1.337(d)–7(c)(7) through
(e). (a)(1), (a)(2)(vi) and (vii), (b)(4), (c)(1), ADDRESSES: To view documents
(f) Conversion transaction preceding (c)(6), and (f) of this section apply to mentioned in this preamble as being
ehiers on DSK5VPTVN1PROD with RULES
or following a section 355 distribution— conversion transactions occurring on or available in the docket, go to http://
(1) In general. A C corporation or a REIT after June 7, 2016 and to conversion www.regulations.gov, type USCG–2015–
is described in this paragraph (f)(1) if— transactions and related section 355 0940. In the ‘‘SEARCH’’ box and click
(i) The C corporation or the REIT distributions for which the conversion ‘‘SEARCH.’’ Click on Open Docket
engages in a conversion transaction transaction occurs before, and the Folder on the line associated with this
involving a REIT during the twenty-year related section 355 distribution occurs rulemaking.
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about this rule or any policy or action figure 2–1, paragraph (32)(e), of the DEPARTMENT OF HOMELAND
of the Coast Guard. Instruction. SECURITY
C. Collection of Information Under figure 2–1, paragraph (32)(e), of
Coast Guard
This rule calls for no new collection the Instruction, an environmental
of information under the Paperwork analysis checklist and a categorical 33 CFR Part 165
Reduction Act of 1995 (44 U.S.C. 3501– exclusion determination are not
required for this rule. [Docket No. USCG–2016–0145]
3520).
D. Federalism and Indian Tribal G. Protest Activities Safety Zone; Cincinnati Reds Season
Government Fireworks
The Coast Guard respects the First
A rule has implications for federalism Amendment rights of protesters. AGENCY: Coast Guard, DHS.
under Executive Order 13132, Protesters are asked to contact the ACTION: Notice of enforcement of
Federalism, if it has a substantial direct person listed in the FOR FURTHER regulation.
effect on the States, on the relationship INFORMATION CONTACT section to
between the national government and SUMMARY: The Coast Guard will enforce
coordinate protest activities so that your a safety zone for the Cincinnati Reds
the States, or on the distribution of message can be received without
power and responsibilities among the Season Fireworks on the Ohio River,
jeopardizing the safety or security of from mile marker 470.1 and ending at
various levels of government. We have people, places or vessels.
analyzed this rule under that Order and 470.4, extending 500 feet from the State
have determined that it is consistent List of Subjects in 33 CFR Part 117 of Ohio shoreline. This rule is effective
with the fundamental federalism during specific home games during the
principles and preemption requirements Bridges. Major League Baseball season. Should
described in E.O. 13132. the Cincinnati Reds make the playoffs
For the reasons discussed in the and have additional home games; the
Also, this rule does not have tribal preamble, the Coast Guard amends 33
implications under Executive Order Coast Guard will provide notification of
CFR part 117 as follows: enforcement periods via Broadcast
13175, Consultation and Coordination
with Indian Tribal Governments, Notices to Mariners, Local Notices to
PART 117—DRAWBRIDGE
because it does not have a substantial Mariners, and/or Marine Safety
OPERATION REGULATIONS Information Bulletins as appropriate.
direct effect on one or more Indian
tribes, on the relationship between the This action is needed to protect vessels
■ 1. The authority citation for part 117 transiting the area and event spectators
Federal Government and Indian tribes, continues to read as follows:
or on the distribution of power and from the hazards associated with the
responsibilities between the Federal Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Cincinnati Reds Barge-based fireworks.
Government and Indian tribes. Department of Homeland Security Delegation During the enforcement period, entry
No. 0170.1. into or transiting in the safety zone is
E. Unfunded Mandates Reform Act prohibited to all vessels not registered
■ 2. Add § 117.293 to read as follows: with the sponsor as participants or
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires § 117.293 Indian Creek. official patrol vessels.
Federal agencies to assess the effects of DATES: The regulations in 33 CFR
their discretionary regulatory actions. In The draw of the 63rd Street Bridge, 165.801, Table No. 1, Line no. 2 will be
particular, the Act addresses actions Indian Creek mile 4.0, at Miami Beach, enforced from 9:00 p.m. through 11:30
that may result in the expenditure by a shall open on signal except as follows: p.m. on April 6, April 8, April 22, May
State, local, or tribal government, in the (a) From 7 a.m. to 7 p.m., Monday 6, May 20, June 3, June 10, June 24, July
aggregate, or by the private sector of through Friday except Federal holidays, 15, July 22, July 31, August 19,
$100,000,000 (adjusted for inflation) or the draw need open only on the hour September 2, September 16, and
more in any one year. Though this rule and half-hour. September 30, 2016.
will not result in such an expenditure, FOR FURTHER INFORMATION CONTACT: If
(b) From 7:10 a.m. to 9:55 a.m. and
we do discuss the effects of this rule you have questions about this notice of
4:05 p.m. to 6:59 p.m., Monday through
elsewhere in this preamble. enforcement, call or email Caloeb
Friday except Federal holidays, the
Gandy, Sector Ohio Valley, U.S. Coast
F. Environment draw need not open for the passage of
Guard at telephone 502–779–5334,
We have analyzed this rule under vessels. email caloeb.l.gandy@uscg.mil.
Department of Homeland Security (c) In February of each year during the SUPPLEMENTARY INFORMATION: The Coast
Management Directive 023–01 and period seven days prior to the City of Guard will enforce the safety zone for
Commandant Instruction M16475.lD, Miami Beach Yacht and Brokerage the Cincinnati Reds Season Fireworks
which guides the Coast Guard in Show and the four days following the listed in 33 CFR 165.801, Table no. 1,
complying with the National show, from 10 a.m. to 4 p.m., the bridge Line no. 2. These regulations can be
Environmental Policy Act of 1969 need not open except for 10 minutes at found in the Code of Federal
(NEPA) (42 U.S.C. 4321–4370f), and the top of the hour. At all other times Regulations, under 33 CFR 165.801 or in
have made a determination that this the bridge shall operate on its normal the Federal Register (77 FR 12460). As
action is one of a category of actions schedule. specified in § 165.801, during the
which do not individually or enforcement period no vessel may
ehiers on DSK5VPTVN1PROD with RULES
Dated: June 2, 2016.
cumulatively have a significant effect on transit this safety zone without approval
the human environment. This rule S.A. Buschman,
from the Captain of the Port Ohio Valley
simply promulgates the operating Rear Admiral, U.S. Coast Guard, Commander, (COTP). If permission is granted, all
regulations or procedures for Seventh Coast Guard District. persons and vessels shall comply with
drawbridges. This action is categorically [FR Doc. 2016–13458 Filed 6–7–16; 8:45 am] the instructions of the COTP or
excluded from further review, under BILLING CODE 9110–04–P designated representative.
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Document Created: 2016-06-08 03:10:48
Document Modified: 2016-06-08 03:10:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective July 8, 2016. | |
| Contact | If you have questions on this rule, call or email Mr. Rod Elkins with the Coast Guard; telephone 305-415- 6989, email [email protected] | |
| FR Citation | 81 FR 36798 | |
| RIN Number | 1625-AA09 |
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