83 FR 16776 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway and Biscayne Bay, Miami, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 74 (April 17, 2018)

Page Range		16776-16778
FR Document		2018-08011

The Coast Guard is modifying the operating schedule that governs the Venetian Causeway Bridge (West) across the Atlantic Intracoastal Waterway mile 1088.6, and the operating schedule that governs the Venetian Causeway Bridge (East) across Biscayne Bay, Miami Beach, FL. This action will extend the daily twice an hour opening schedule of the Venetian Causeway Bridges (East and West) to include weekends and Federal holidays. This action is intended to reduce vehicular traffic caused by the on-demand weekend and Federal holiday bridge openings.

Federal Register, Volume 83 Issue 74 (Tuesday, April 17, 2018)

[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Rules and Regulations]
[Pages 16776-16778]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08011]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0068]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway 
and Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Venetian Causeway Bridge (West) across the Atlantic 
Intracoastal Waterway mile 1088.6, and the operating schedule that 
governs the Venetian Causeway Bridge (East) across Biscayne Bay, Miami 
Beach, FL. This action will extend the daily twice an hour opening 
schedule of the Venetian Causeway Bridges (East and West) to include 
weekends and Federal holidays. This action is intended to reduce 
vehicular traffic caused by the on-demand weekend and Federal holiday 
bridge openings.

DATES: This rule is effective May 17, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0068 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Ruth Sadowitz, Coast Guard Sector Miami, FL, Waterways 
Management Division, telephone 305-535-4307, email 
ruth.a.sadowitz@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)
Sec.  Section
U.S.C. United States Code
AICW Atlantic Intracoastal Waterway
FDOT Florida Department of Transportation
FL Florida
MHW Mean High Water

[[Page 16777]]

II. Background Information and Regulatory History

    On September 5, 2017, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Atlantic Intracoastal 
Waterway and Biscayne Bay, Miami, FL in the Federal Register (82 FR 
41901). We received 2 comments on this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.
    The Venetian Causeway Bridge (West), across the Atlantic 
Intracoastal Waterway, mile 1088.6, is a double leaf bascule bridge and 
has a vertical clearance of 12 feet at Mean High Water (MHW) in the 
closed to navigation position and a horizontal clearance of 90 feet 
between fenders. The Venetian Causeway Bridge (East), across Biscayne 
Bay, at Miami Beach, FL is a double leaf bascule bridge with a vertical 
clearance of 5 feet at MHW in the closed to navigation position and a 
horizontal clearance of 57 feet between fenders. Presently, in 
accordance with 33 CFR 117.261(nn) and 33 CFR 117.269, the bridges 
shall open on signal, except that from 7 a.m. to 7 p.m., Monday through 
Friday, except Federal holidays, the bridges need only open on the hour 
and half hour.
    Miami-Dade County, the bridge owner, and the Cities of Miami and 
Miami Beach requested the daily twice an hour operating schedule for 
both bridges be changed to include weekends and Federal holidays. This 
should provide relief to the increase vehicle traffic congestion on the 
weekends while meeting the reasonable needs of navigation.

IV. Discussion of Comments, Changes and the Final Rule

    Of the 2 comments received, one was a political statement that had 
no bearing on the proposed regulation; the second comment was in favor 
of the operating schedule change. The submitter in favor of the change 
did suggest that there may be a negative impact to small entities on 
land economically if the bridge is open for an extended period of time 
allowing vessels that have been waiting to pass and vice versa for 
commercial vessels that missed the opening and have to wait until the 
next scheduled opening. While the Coast Guard does acknowledge that 
there may be additional vessels waiting for openings due to this 
change, it should not have a substantial negative impact on land and 
maritime traffic as it mirrors the current operating schedule Monday 
through Friday.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the continued 
ability for vessels to transit the bridge during the twice-an-hour 
opening schedule. Vessels in distress, Public vessels of the United 
States and tugs with tows must be passed 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 no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
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 about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure,

[[Page 16778]]

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.
    A Record of Environmental Consideration and a Memorandum for the 
Record 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. Amend Sec.  117.261 by revising paragraph (nn) to read as follows:


Sec.  117.261   Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (nn) The Venetian Causeway Bridge (West), mile 1088.6, at Miami. 
The draw shall open on signal, except that from 7 a.m. to 7 p.m. daily, 
including Federal holidays, the draw need only open on the hour and 
half hour.
* * * * *

0
3. Revise Sec.  117.269 to read as follows:


Sec.  117.269   Biscayne Bay.

    The Venetian Causeway Bridge (East), across Miami Beach Channel. 
The draw shall open on signal, except that from 7 a.m. to 7 p.m. daily, 
including Federal holidays, the draw need only open on the hour and 
half hour.

    Dated: February 8, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2018-08011 Filed 4-16-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations 16777

II. Background Information and V. Regulatory Analyses concerning its provisions or options for
Regulatory History We developed this rule after compliance, please contact the person
On September 5, 2017, we published considering numerous statutes and listed in the FOR FURTHER INFORMATION
CONTACT, above.
a notice of proposed rulemaking Executive Orders related to rulemaking.
(NPRM) entitled Drawbridge Operation Below we summarize our analyses Small businesses may send comments
Regulation; Atlantic Intracoastal based on a number of these statutes and on the actions of Federal employees
Waterway and Biscayne Bay, Miami, FL Executive Orders, and we discuss First who enforce, or otherwise determine
in the Federal Register (82 FR 41901). Amendment rights of protesters. compliance with, Federal regulations to
We received 2 comments on this rule. the Small Business and Agriculture
A. Regulatory Planning and Review Regulatory Enforcement Ombudsman
III. Legal Authority and Need for Rule Executive Orders 12866 and 13563 and the Regional Small Business
The Coast Guard is issuing this rule direct agencies to assess the costs and Regulatory Fairness Boards. The
under authority in 33 U.S.C. 499. benefits of available regulatory Ombudsman evaluates these actions
The Venetian Causeway Bridge alternatives and, if regulation is annually and rates each agency’s
(West), across the Atlantic Intracoastal necessary, to select regulatory responsiveness to small business. If you
Waterway, mile 1088.6, is a double leaf approaches that maximize net benefits. wish to comment on actions by
bascule bridge and has a vertical Executive Order 13771 directs agencies employees of the Coast Guard, call 1–
clearance of 12 feet at Mean High Water to control regulatory costs through a 888–REG–FAIR (1–888–734–3247). The
(MHW) in the closed to navigation budgeting process. This rule has not Coast Guard will not retaliate against
position and a horizontal clearance of been designated a ‘‘significant small entities that question or complain
90 feet between fenders. The Venetian regulatory action,’’ under Executive about this rule or any policy or action
Causeway Bridge (East), across Biscayne Order 12866. Accordingly, it has not of the Coast Guard.
Bay, at Miami Beach, FL is a double leaf been reviewed by the Office of C. Collection of Information
bascule bridge with a vertical clearance Management and Budget (OMB) and
of 5 feet at MHW in the closed to pursuant to OMB guidance it is exempt This rule calls for no new collection
navigation position and a horizontal from the requirements of Executive of information under the Paperwork
clearance of 57 feet between fenders. Order 13771. Reduction Act of 1995 (44 U.S.C. 3501–
Presently, in accordance with 33 CFR This regulatory action determination 3520).
117.261(nn) and 33 CFR 117.269, the is based on the continued ability for D. Federalism and Indian Tribal
bridges shall open on signal, except that vessels to transit the bridge during the Government
from 7 a.m. to 7 p.m., Monday through twice-an-hour opening schedule.
Friday, except Federal holidays, the Vessels in distress, Public vessels of the A rule has implications for federalism
bridges need only open on the hour and United States and tugs with tows must under Executive Order 13132,
half hour. be passed at any time. Federalism, if it has a substantial direct
Miami-Dade County, the bridge effect on the States, on the relationship
B. Impact on Small Entities between the national government and
owner, and the Cities of Miami and
Miami Beach requested the daily twice The Regulatory Flexibility Act of 1980 the States, or on the distribution of
an hour operating schedule for both (RFA), 5 U.S.C. 601–612, as amended, power and responsibilities among the
bridges be changed to include weekends requires federal agencies to consider the various levels of government. We have
and Federal holidays. This should potential impact of regulations on small analyzed this rule under that Order and
provide relief to the increase vehicle entities during rulemaking. The term have determined that it is consistent
traffic congestion on the weekends ‘‘small entities’’ comprises small with the fundamental federalism
while meeting the reasonable needs of businesses, not-for-profit organizations principles and preemption requirements
navigation. that are independently owned and described in Executive Order 13132.
operated and are not dominant in their Also, this rule does not have tribal
IV. Discussion of Comments, Changes fields, and governmental jurisdictions implications under Executive Order
and the Final Rule with populations of less than 50,000. 13175, Consultation and Coordination
Of the 2 comments received, one was The Coast Guard received no comments with Indian Tribal Governments,
a political statement that had no bearing from the Small Business Administration because it does not have a substantial
on the proposed regulation; the second on this rule. The Coast Guard certifies direct effect on one or more Indian
comment was in favor of the operating under 5 U.S.C. 605(b) that this rule will tribes, on the relationship between the
schedule change. The submitter in favor not have a significant economic impact Federal Government and Indian tribes,
of the change did suggest that there may on a substantial number of small or on the distribution of power and
be a negative impact to small entities on entities. responsibilities between the Federal
land economically if the bridge is open While some owners or operators of Government and Indian tribes.
for an extended period of time allowing vessels intending to transit the bridge
E. Unfunded Mandates Reform Act
vessels that have been waiting to pass may be small entities, for the reasons
and vice versa for commercial vessels stated in section V.A above, this rule The Unfunded Mandates Reform Act
that missed the opening and have to will not have a significant economic of 1995 (2 U.S.C. 1531–1538) requires
wait until the next scheduled opening. impact on any vessel owner or operator. Federal agencies to assess the effects of
While the Coast Guard does Under section 213(a) of the Small their discretionary regulatory actions. In
acknowledge that there may be Business Regulatory Enforcement particular, the Act addresses actions
daltland on DSKBBV9HB2PROD with RULES

additional vessels waiting for openings Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a
due to this change, it should not have we want to assist small entities in State, local, or tribal government, in the
a substantial negative impact on land understanding this rule. If the rule aggregate, or by the private sector of
and maritime traffic as it mirrors the would affect your small business, $100,000,000 (adjusted for inflation) or
current operating schedule Monday organization, or governmental more in any one year. Though this rule
through Friday. jurisdiction and you have questions will not result in such an expenditure,

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Document Created: 2018-04-17 02:51:35
Document Modified: 2018-04-17 02:51:35

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 May 17, 2018.
Contact		If you have questions on this rule, call or email LT Ruth Sadowitz, Coast Guard Sector Miami, FL, Waterways Management Division, telephone 305-535-4307, email [email protected]
FR Citation		83 FR 16776
RIN Number		1625-AA09

83 FR 16776 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway and Biscayne Bay, Miami, FL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 74 (April 17, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard