81 FR 8168 - Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 32 (February 18, 2016)

Page Range		8168-8170
FR Document		2016-03262

The Coast Guard proposes to modify the operating schedule that governs the 63rd Street Bridge across Indian Creek, mile 4.0, at Miami Beach, FL. This proposed rule implements restrictions that allow the bridge to not open for vessels 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.

Federal Register, Volume 81 Issue 32 (Thursday, February 18, 2016)

[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Proposed Rules]
[Pages 8168-8170]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03262]


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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.

[[Page 8169]]


ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the 63rd Street Bridge across Indian Creek, mile 4.0, at Miami 
Beach, FL. This proposed rule implements restrictions that allow the 
bridge to not open for vessels 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: Comments and related material must reach the Coast Guard on or 
before April 18, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0940 using Federal eRulemaking Portal at http://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 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
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    On March 11th, 2015 the Miami Beach City Commission held a public 
meeting to discuss appropriate action for modifying the bridge 
operations. Additionally, the City conducted traffic studies and 
reviewed the bridge logs which showed a 45% increase in vehicular 
traffic from 7 a.m. to 10 a.m. and 4 p.m. to 7 p.m. with no 
corresponding increase in vessel traffic during those time periods. 
Input from the public meeting and the traffic data was used to develop 
the proposed rule. That data will be included in the electronic docket 
for this proposed rulemaking.
    63rd Street Bridge across Indian Creek, mile 4.0, at Miami Beach, 
FL 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. The City of 
Miami Beach and Miami Dade County determined that restricting bridge 
openings during peak traffic hours will significantly reduce 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 proposing a schedule that will allow for limited 
openings during the regular work week, the Coast Guard is proposing a 
regulation 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 proposes adopting the annual temporary deviation as part of this 
bridge regulation.

III. Discussion of Proposed Rule

    The Coast Guard proposes to add a new regulation for the operations 
of the 63rd Street Bridge, Indian Creek mile 4.0, at Miami Beach. The 
proposed regulation would implement three closure periods, which would 
allow the bridge to not open for vessels during morning and afternoon 
peak vehicle traffic times. The following schedule is proposed: (1) 
From Monday through Friday from 7 a.m. to 7 p.m. the bridge would only 
open on the hour and half hour; (2) from 7:10 a.m. to 9:55 a.m. and 
4:05 p.m. to 6:59 p.m. Monday through Friday, the bridge would remain 
closed; and (3) from 10 a.m. to 4 p.m. the seven days before and the 
four days following the City of Miami Beach Yacht and Brokerage Show 
the second week of February, the bridge would only open for ten minutes 
at the top of the hour. For federal holidays, weekends, and other times 
the bridge would continue to open for vessels on signal.
    These proposed changes will still allow vessels to pass through the 
bridge while taking into account the reasonable needs of other modes of 
transportation.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on these statutes and E.O.s and we also discuss 
First Amendment rights of protestors.

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 NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the limited impact 
that it is anticipated to have on vessel traffic on the Indian Creek 
while taking into account the needs of vehicular traffic. Vessels that 
can transit under the bridge without an opening may do so. Other 
vessels can transit during non closure period times, and emergency 
vessels and tugs with tows can still request openings 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 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 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 rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for

[[Page 8170]]

compliance, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT, above. 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.

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 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 proposed 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 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 above.

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 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 preliminary 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 proposed rule 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are 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. 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 eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, 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.

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; 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 10:00 a.m. to 4:00 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: February 11, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-03262 Filed 2-17-16; 8:45 am]
 BILLING CODE 9110-04-P

8168 Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Proposed Rules

safety in air commerce. This regulation (d) Subject using the procedures found in 14 CFR 39.19.
is within the scope of that authority Air Transport Association (ATA) of In accordance with 14 CFR 39.19, send your
because it addresses an unsafe condition America Code 05, Time Limits/Maintenance request to your principal inspector or local
Checks. Flight Standards District Office, as
that is likely to exist or develop on appropriate. If sending information directly
products identified in this rulemaking (e) Reason to the International Branch, send it to ATTN:
action. Tom Rodriguez, Aerospace Engineer,
This AD was prompted by the need for
more restrictive airworthiness limitations. International Branch, ANM–116, Transport
Regulatory Findings Airplane Directorate, FAA, 1601 Lind
We are issuing this AD to reduce the
We determined that this proposed AD potential for significant failure conditions Avenue SW., Renton, WA 98057–3356;
would not have federalism implications and consequent loss of controllability of the telephone 425–227–1137; fax 425–227–1149.
under Executive Order 13132. This Information may be emailed to: 9-ANM-116-
airplane.
proposed AD would not have a AMOC-REQUESTS@faa.gov. Before using
(f) Compliance any approved AMOC, notify your appropriate
substantial direct effect on the States, on principal inspector, or lacking a principal
the relationship between the national Comply with this AD within the
compliance times specified, unless already inspector, the manager of the local flight
Government and the States, or on the standards district office/certificate holding
done.
distribution of power and district office. The AMOC approval letter
responsibilities among the various (g) Maintenance Program Revision must specifically reference this AD.
levels of government. (1) Within 12 months after the effective (2) Contacting the Manufacturer: For any
For the reasons discussed above, I date of this AD, revise the maintenance or requirement in this AD to obtain corrective
certify this proposed regulation: actions from a manufacturer, the action must
inspection program, as applicable, to
be accomplished using a method approved
1. Is not a ‘‘significant regulatory incorporate the certification maintenance
by the Manager, International Branch, ANM–
action’’ under Executive Order 12866; requirements (CMR) specified in Fokker
116, Transport Airplane Directorate, FAA; or
2. Is not a ‘‘significant rule’’ under the Services B.V. Engineering Report,
the European Aviation Safety Agency
DOT Regulatory Policies and Procedures Airworthiness Limitations Section (ALS), (EASA); or Fokker Services B.V.’s EASA
(44 FR 11034, February 26, 1979); ‘‘Fokker 70/100 Certification Maintenance Design Organization Approval (DOA). If
3. Will not affect intrastate aviation in Requirements,’’ of Fokker Services B.V. approved by the DOA, the approval must
Engineering Report SE–473, Issue 11, include the DOA-authorized signature.
Alaska; and
released January 19, 2015.
4. Will not have a significant (2) Do the applicable initial CMR (j) Related Information
economic impact, positive or negative, inspection at the time specified in paragraph (1) Refer to MCAI EASA Airworthiness
on a substantial number of small entities (g)(2)(i) or (g)(2)(ii) of this AD, as applicable, Directive 2015–0027, dated February 20,
under the criteria of the Regulatory as specified in Fokker Services B.V. 2015, for related information. This MCAI
Flexibility Act. Engineering ALS, ‘‘Fokker 70/100 may be found in the AD docket on the
Certification Maintenance Requirements,’’ Internet at http://www.regulations.gov by
List of Subjects in 14 CFR Part 39 Fokker Services B.V. Engineering Report SE– searching for and locating Docket No. FAA–
Air transportation, Aircraft, Aviation 473, Issue 11, released January 19, 2015. If 2016–0464.
safety, Incorporation by reference, any discrepancy is found during any (2) For service information identified in
Safety. inspection, repair using a method approved this AD, contact Fokker Services B.V.,
by the Manager, International Branch, ANM– Technical Services Dept., P.O. Box 1357,
The Proposed Amendment 116, Transport Airplane Directorate, FAA; or 2130 EL Hoofddorp, the Netherlands;
the European Aviation Safety Agency; or telephone +31 (0)88–6280–350; fax +31
Accordingly, under the authority (0)88–6280–111; email technicalservices@
Fokker B.V. Service’s EASA Design
delegated to me by the Administrator, Organization Approval (DOA). Repair any fokker.com; Internet http://
the FAA proposes to amend 14 CFR part discrepancy before further flight. www.myfokkerfleet.com. You may view this
39 as follows: (i) For CMR inspection 783100–CM–01: service information at the FAA, Transport
Within 1 year or 3,000 flight hours after the Airplane Directorate, 1601 Lind Avenue SW.,
PART 39—AIRWORTHINESS effective date of this AD, whichever occurs Renton, WA. For information on the
DIRECTIVES first, but not later than 12,000 flight hours availability of this material at the FAA, call
after accomplishing MRB task 783100–00–04. 425–227–1221.
■ 1. The authority citation for part 39 (ii) For CMR inspection 783500–CM–01: Issued in Renton, Washington, on February
continues to read as follows: Within 1 year or 3,000 flight hours after the 6, 2016.
Authority: 49 U.S.C. 106(g), 40113, 44701. effective date of this AD, whichever occurs Michael Kaszycki,
first, but not later than 10,000 flight hours
after accomplishing MRB task 783100–01–01. Acting Manager, Transport Airplane
§ 39.13 [Amended] Directorate, Aircraft Certification Service.
■ 2. The FAA amends § 39.13 by adding (h) No Alternative Inspections or Inspection [FR Doc. 2016–03136 Filed 2–17–16; 8:45 am]
the following new airworthiness Intervals
BILLING CODE 4910–13–P
directive (AD): After accomplishment of the actions
Fokker Services B.V.: Docket No. FAA– specified in paragraph (g)(2) of this AD, no
2016–0464; Directorate Identifier 2015– alternative actions (e.g., inspections) and
intervals, may be used, unless the actions or DEPARTMENT OF HOMELAND
NM–046–AD.
intervals are approved as an alternative SECURITY
(a) Comments Due Date method of compliance (AMOC) in
We must receive comments by April 4, accordance with the procedures specified in Coast Guard
2016. paragraph (i)(1) of this AD.
wgreen on DSK2VPTVN1PROD with PROPOSALS

33 CFR Part 117
(b) Affected ADs (i) Other FAA AD Provisions
The following provisions also apply to this [Docket No. USCG–2015–0940]
None.
AD: RIN 1625–AA09
(c) Applicability (1) Alternative Methods of Compliance
This AD applies to Fokker Services B.V. (AMOCs): The Manager, International Drawbridge Operation Regulation;
Model F.28 Mark 0070 and 0100 airplanes, Branch, ANM–116, Transport Airplane Indian Creek, Miami Beach, FL
certificated in any category, all serial Directorate, FAA, has the authority to
numbers. approve AMOCs for this AD, if requested AGENCY: Coast Guard, DHS.

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Federal Register / Vol. 81, No. 32 / Thursday, February 18, 2016 / Proposed Rules 8169

ACTION: Notice of proposed rulemaking. Presently, in accordance with 33 CFR A. Regulatory Planning and Review
117.5, the 63rd Street Bridge is required E.O.s 12866 and 13563 direct agencies
SUMMARY: The Coast Guard proposes to to open on signal for the passage of
modify the operating schedule that to assess the costs and benefits of
vessels. The City of Miami Beach and available regulatory alternatives and, if
governs the 63rd Street Bridge across Miami Dade County determined that
Indian Creek, mile 4.0, at Miami Beach, regulation is necessary, to select
restricting bridge openings during peak regulatory approaches that maximize
FL. This proposed rule implements traffic hours will significantly reduce
restrictions that allow the bridge to not net benefits. E.O. 13563 emphasizes the
traffic congestion. Based on this importance of quantifying both costs
open for vessels during peak vehicle determination, the City of Miami Beach
traffic times. Bridge openings during and benefits, of reducing costs, of
requested this action to alleviate
peak vehicle traffic times cause major harmonizing rules, and of promoting
additional traffic congestion created by
traffic jams that may be avoided without flexibility. This NPRM has not been
bridge openings during peak hours.
negatively impacting vessel traffic on In addition to proposing a schedule designated a ‘‘significant regulatory
the Indian Creek. Modifying the bridge that will allow for limited openings action,’’ under E.O. 12866. Accordingly,
operating schedule will reduce major during the regular work week, the Coast the NPRM has not been reviewed by the
vehicle traffic issues during rush hour Guard is proposing a regulation change Office of Management and Budget.
times. that will apply during the annual boat This regulatory action determination
show. Every year in mid-February the is based on the limited impact that it is
DATES: Comments and related material
City of Miami Beach hosts the Yacht anticipated to have on vessel traffic on
must reach the Coast Guard on or before
and Brokerage Show which creates the Indian Creek while taking into
April 18, 2016.
unusually high vehicle and vessel traffic account the needs of vehicular traffic.
ADDRESSES: You may submit comments Vessels that can transit under the bridge
identified by docket number USCG– during the weeks before and after the
show. The Coast Guard typically issues without an opening may do so. Other
2015–0940 using Federal eRulemaking vessels can transit during non closure
Portal at http://www.regulations.gov. temporary deviations to the 63rd Street
Bridge operations that help balance period times, and emergency vessels
See the ‘‘Public Participation and
vessel and vehicle needs during those and tugs with tows can still request
Request for Comments’’ portion of the
times. The Coast Guard proposes openings at any time.
SUPPLEMENTARY INFORMATION section
below for instructions on submitting adopting the annual temporary B. Impact on Small Entities
comments. deviation as part of this bridge
regulation. The Regulatory Flexibility Act of 1980
FOR FURTHER INFORMATION CONTACT: If (RFA), 5 U.S.C. 601–612, as amended,
you have questions on this proposed III. Discussion of Proposed Rule requires federal agencies to consider the
rule, call or email Mr. Rod Elkins with The Coast Guard proposes to add a potential impact of regulations on small
the Coast Guard; telephone 305–415– new regulation for the operations of the entities during rulemaking. The term
6989, email rodney.j.elkins@uscg.mil. 63rd Street Bridge, Indian Creek mile ‘‘small entities’’ comprises small
SUPPLEMENTARY INFORMATION: 4.0, at Miami Beach. The proposed businesses, not-for-profit organizations
regulation would implement three that are independently owned and
I. Table of Abbreviations operated and are not dominant in their
closure periods, which would allow the
CFR Code of Federal Regulations bridge to not open for vessels during fields, and governmental jurisdictions
DHS Department of Homeland Security morning and afternoon peak vehicle with populations of less than 50,000.
E.O. Executive Order The Coast Guard certifies under 5 U.S.C.
FR Federal Register traffic times. The following schedule is
proposed: (1) From Monday through 605(b) that this proposed rule would not
NPRM Notice of proposed rulemaking
§ Section Friday from 7 a.m. to 7 p.m. the bridge have a significant economic impact on
U.S.C. United States Code would only open on the hour and half a substantial number of small entities.
hour; (2) from 7:10 a.m. to 9:55 a.m. and While some owners or operators of
II. Background, Purpose and Legal vessels intending to transit the bridge
4:05 p.m. to 6:59 p.m. Monday through
Basis may be small entities, for the reasons
Friday, the bridge would remain closed;
On March 11th, 2015 the Miami and (3) from 10 a.m. to 4 p.m. the seven stated in section IV.A above this
Beach City Commission held a public days before and the four days following proposed rule would not have a
meeting to discuss appropriate action the City of Miami Beach Yacht and significant economic impact on any
for modifying the bridge operations. Brokerage Show the second week of vessel owner or operator.
Additionally, the City conducted traffic February, the bridge would only open If you think that your business,
studies and reviewed the bridge logs for ten minutes at the top of the hour. organization, or governmental
which showed a 45% increase in For federal holidays, weekends, and jurisdiction qualifies as a small entity
vehicular traffic from 7 a.m. to 10 a.m. other times the bridge would continue and that this rule would have a
and 4 p.m. to 7 p.m. with no to open for vessels on signal. significant economic impact on it,
corresponding increase in vessel traffic These proposed changes will still please submit a comment (see
during those time periods. Input from allow vessels to pass through the bridge ADDRESSES) explaining why you think it
the public meeting and the traffic data while taking into account the reasonable qualifies and how and to what degree
was used to develop the proposed rule. needs of other modes of transportation. this rule would economically affect it.
That data will be included in the Under section 213(a) of the Small
IV. Regulatory Analyses
wgreen on DSK2VPTVN1PROD with PROPOSALS

electronic docket for this proposed Business Regulatory Enforcement
rulemaking. We developed this proposed rule after Fairness Act of 1996 (Pub. L. 104–121),
63rd Street Bridge across Indian considering numerous statutes and we want to assist small entities in
Creek, mile 4.0, at Miami Beach, FL is executive orders (E.O.s) related to understanding this proposed rule. If the
a single leaf bascule bridge. It has a rulemaking. Below we summarize our rule would affect your small business,
vertical clearance of 11 feet at mean analyses based on these statutes and organization, or governmental
high water in the closed position and a E.O.s and we also discuss First jurisdiction and you have questions
horizontal clearance of 50 feet. Amendment rights of protestors. concerning its provisions or options for

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Document Created: 2016-02-18 07:46:38
Document Modified: 2016-02-18 07:46:38

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		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must reach the Coast Guard on or before April 18, 2016.
Contact		If you have questions on this proposed rule, call or email Mr. Rod Elkins with the Coast Guard; telephone 305- 415-6989, email [email protected]
FR Citation		81 FR 8168
RIN Number		1625-AA09

81 FR 8168 - Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 32 (February 18, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard