Drawbridge Operation Regulations; Biscayne Bay, Atlantic Intracoastal Waterway, Miami River, and Miami Beach Channel, Miami-Dade County, FL, 4016-4019 [05-1659]
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Federal Register / Vol. 70, No. 18 / Friday, January 28, 2005 / Rules and Regulations
Indian Tribal Governments
This 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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
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 concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (32)(e) of the
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Instruction, from further environmental
documentation because it has been
determined that the promulgation of
operating regulations for drawbridges
are categorically excluded.
(5) Before closing the draw, the
channel traffic lights would change from
flashing green to flashing red, the horn
will sound five short blasts, and an
audio voice warning stating, ‘‘Attention,
Attention. Norfolk Southern Railroad
List of Subjects in 33 CFR Part 117
Bridge over Christina River at milepost
Bridges.
1.4 will be closing to river traffic.’’ Five
short blasts of the horn will continue
Regulations
until the bridge is seated and locked
I For the reasons discussed in the
down to vessels. The channel traffic
preamble, the Coast Guard amends 33
lights will continue to flash red.
CFR part 117 as follows:
(6) When the rail traffic has cleared,
the horn will sound one prolonged blast
PART 117—DRAWBRIDGE
followed by one short blast to indicate
OPERATION REGULATIONS
the draw is opening to vessel traffic.
During the opening swing movement,
I 1. The authority citation for part 117
the channel traffic lights would flash
continues to read as follows:
red until the bridge returns to the fully
Authority: 33 U.S.C. 499; Department of
open position. In the full open position
Homeland Security Delegation No. 0170.1; 33
to vessels, the bridge channel lights will
CFR 1.05–1(g); section 117.255 also issued
flash green followed by an
under the authority of Pub. L. 102–587, 106
announcement stating, ‘‘Security,
Stat. 5039.
security, security. Norfolk Southern
I 2. In § 117.237 redesignate paragraphs
Railroad Bridge over Christina River at
(b) through (d) as paragraphs (c) through mile 1.4 is open for river traffic.’’
(e), add a new paragraph (b), and revise
Vessels shall stay clear of both channels
newly redesignated paragraph (d) to read as to not interfere with infrared
as follows:
detectors, until green lights are
displayed on the swing span.
§ 117.237 Christina River.
(c) * * *
*
*
*
*
*
(d) The draws of the Norfolk Southern
(b) The draw of the Norfolk Southern
Railroad bridges, at miles 4.1 and 4.2,
Railroad Bridge, mile 1.4 at Wilmington, both at Wilmington, shall open on
shall operate as follows:
signal from 6 a.m. to 8 p.m. if at least
(1) The draw shall remain in the open 24 hours notice is given. From 8 p.m. to
position for navigation. The draw shall
6 a.m., the draws need not be opened for
only be closed for train crossings or
the passage of vessels.
periodic maintenance authorized in
*
*
*
*
*
accordance with subpart A of this part.
Dated: January 20, 2005.
(2) The bridge shall be operated by the
controller at the Harrisburg, PA
Sally Brice-O’Hara,
Dispatcher’s Office. The controller shall Rear Admiral, U.S. Coast Guard, Commander,
monitor vessel traffic with closed circuit Fifth Coast Guard District.
cameras and infrared sensors covering
[FR Doc. 05–1660 Filed 1–27–05; 8:45 am]
the swing radius. Operational
BILLING CODE 4910–15–P
information will be provided 24 hours
a day on marine channel 13 and via
telephone (717) 541–2140.
DEPARTMENT OF HOMELAND
(3) The bridge shall not be operated
SECURITY
from the remote location in the
Coast Guard
following events: Failure or obstruction
of the infrared sensors, closed-circuit
33 CFR Part 117
cameras or marine-radio
communications, or anytime controller’s [CGD07–04–108]
visibility is inhibited. In these
RIN 1625–AA09
situations, a bridge tender with Norfolk
Southern must be called and on-site
Drawbridge Operation Regulations;
within 30 minutes.
Biscayne Bay, Atlantic Intracoastal
(4) Before the bridge closes for any
reason, the remote operator will monitor Waterway, Miami River, and Miami
Beach Channel, Miami-Dade County,
waterway traffic in the area. The bridge
shall only be closed if the off-site remote FL
operator’s visual inspection shows that
AGENCY: Coast Guard, DHS.
the channel is clear and there are no
ACTION: Temporary final rule.
vessels transiting in the area. While the
bridge is moving, the operator shall
SUMMARY: The Coast Guard is
maintain constant surveillance of the
temporarily changing the regulations
navigation channel.
governing the operation of the east and
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Federal Register / Vol. 70, No. 18 / Friday, January 28, 2005 / Rules and Regulations
west spans of the Venetian Causeway
bridges across the Miami Beach Channel
on the Atlantic Intracoastal Waterway,
the Miami Avenue bridge and the
Brickell Avenue bridge across the
Miami River, Miami-Dade County. This
temporary rule allows these bridges to
remain in the closed position during the
running of the Miami Tropical
Marathon on January 30, 2005.
DATES: This temporary rule is effective
from 6:05 a.m. until 12:05 p.m. on
January 30, 2005.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket [CGD07–04–108] and are
available for inspection or copying at
Commander (obr), Seventh Coast Guard
District, 909 SE 1st Avenue, Miami,
Florida 33131–3050, between 7:30 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays. Bridge Branch
(obr), Seventh Coast Guard District,
maintains the public docket for this
rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr.
Gwin Tate, Project Manager, Seventh
Coast Guard District, Bridge Branch,
(305) 415–6747.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 30, 2004, we published
a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation
Regulations; Biscayne Bay, Atlantic
Intracoastal Waterway, Miami River,
and Miami Beach Channel, Miami-Dade
County, FL in the Federal Register (69
FR 69561). We received no comments
on this proposed rule. No public hearing
was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. No changes were made to the
proposed regulatory text. The event for
which the rule is necessary is scheduled
to occur less than 30 days from the date
of publication. Therefore, waiting an
addtional 30 days from the date of
publication to make this rule effective is
both unnecessary and impracticable.
Background and Purpose
The Miami Marathon Director
requested that the Coast Guard
temporarily change the existing
regulations governing the operation of
the east and west spans of the Venetian
Causeway bridges, the Brickell Avenue
bridge and the Miami Avenue bridge to
allow them to remain in the closed
position during the running of the
Miami Tropical Marathon on Sunday,
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January 30, 2005. The closure times
range from 6:05 a.m. through 12:05 p.m.
The marathon route will pass over these
four bridges and any bridge opening
would disrupt the race. Based on the
limited amount of time the bridges will
be closed, the proposed rule will still
provide for the reasonable needs of
navigation on the day of the event.
The east and west spans of the
Venetian Causeway bridges are located
between Miami and Miami Beach. The
current regulation governing the
operation of the east span of the
Venetian Causeway bridge is published
in 33 CFR 117.269 and requires the
bridge to open on signal; except that,
from November 1 through April 30 from
7:15 a.m. to 8:45 a.m. and from 4:45
p.m. to 6:15 p.m. Monday through
Friday, the draw need not open.
However, the draw opens at 7:45 a.m.,
8:15 a.m., 5:15 p.m., and 5:45 p.m., if
any vessels are waiting to pass. The
draw opens on signal on Thanksgiving
Day, Charistmas Day, New Year’s Day
and Washington’s Birthday. The draw
opens at anytime for public vessels of
the United States, tugs with tows,
regularly scheduled cruise vessels, and
vessels in distress.
The regulation governing the west
span of the Venetian Causeway bridge is
published in 33 CFR 117.261(j)(4)(nn)
and requires the bridge to open on
signal; except that, from November 1
through April 30, Monday through
Friday except Federal holidays, from 7
a.m. to 9 a.m. and 4:30 p.m. to 6:30
p.m., that the draw need open only on
the hour and the half-hour.
The regulation governing the Miami
Avenue bridge, mile 0.3, at Miami, is
published at 33 CFR 117.305(c) and
requires that the bridge open on signal;
except that, from 7:35 a.m. to 8:59 a.m.,
12:05 p.m. to 12:59 p.m. and 4:35 p.m.
to 5:59 p.m., Monday through Friday,
except Federal holidays, the draw need
not open for the passage of vessels.
The regulation governing the draw of
the Brickell Avenue bridge, mile 0.1. at
Miami, is published in 33 CFR
117.305(d) and requires that the bridge
open on signal; except that, 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.
From 7:35 a.m. to 8:59 a.m., 12:05 p.m.
to 12:59 p.m. and 4:35 p.m. to 5:59 p.m.,
Monday through Friday except Federal
holidays, the draw need not open for the
passage of vessels.
This temporary rule will not advesely
affect the reasonable needs of navigation
due to the short duration that the
bridges will be in the closed position.
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Discussion of Comments and Changes
No comments were received in
response to the notice of proposed
rulemaking and there were no changes
made to the proposed regulatory text.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assesssment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We expect the economic impact of
this temporary rule to be so minimal
that a full Regulatory Evaluation is
unnecessary. The short duration of time
during the morning of January 30, 2005,
that the bridges will remain in the
closed position to facilitate the running
of the marathon will have little, if any,
economic impact. This rule was
preceded by a notice of proposed
rulemaking and no comments were
received.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
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 rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the owners or
operators of vessels that will require
passage through these bridges during
the morning hours of January 30, 2005.
These vessels will not be able to pass
through these bridges during the
effective times of this rule. A notice of
proposed rulemaking was published for
this rule. No comments were received
and no changes were made to the
proposed regulatory test. Due to the
limited effective times of this rule and
the nominal amount of marine traffic
expected during the early and late
morning hours on a Sunday at this time
of year, this rule would not have a
significant economic impact on a
substantial number of small entities.
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Federal Register / Vol. 70, No. 18 / Friday, January 28, 2005 / Rules and Regulations
Assistance for Small Entities
Civil Justice Reform
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking. The
Coast Guard offered small businesses,
organizations, or governmental
jurisdictions that believed the rule
would affect them, or that had questions
concerning its provisions or options for
compliance, to contact the person listed
in FOR FURTHER INFORMATION CONTACT.
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).
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Collection of Information
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 and is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. The
Administrator of the Office of
Information and Regulatory affairs has
not designated it as a significant energy
action. Therefore, it does not require a
statement of Energy Effects under
Executive Order 13211.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 aggregate, or by
the private sector of $100,000,000 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 the preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and will not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This rule does not have tribal
implications under 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.
Energy Effects
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
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consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.b.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (32)(e) of the
Instruction, from further environmental
documentation. This rule fits within
paragraph (32)(e) because it pertains to
operation regulations for drawbridges.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1;
section 117.255 also issued under authority
of Pub. L. 102–587, 106 Stat. 5039.
2. From 6:15 a.m. until 9:20 a.m. on
January 30, 2005, in § 117.261, paragraph
(nn) is suspended and a new paragraph
(tt) is added to read as follows:
I
§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
*
*
*
*
*
(tt) West Span of the Venetian
Causeway, mile 1088.6 at Miami. The
draw need not open from 6:15 a.m. until
9:20 a.m. on January 30, 2005. Public
vessels of the United States and vessels
in distress shall be passed at any time.
I 3. From 6:05 a.m. until 8:40 a.m. on
January 30, 2005, in § 117.269,
temporarily designate the existing
regulatory text as paragraph (a); suspend
paragraph (a); and add a new paragraph
(b) to read as follows:
§ 117.269
Biscayne Bay.
*
*
*
*
*
(b) The draw of the east span of the
Venetian Causeway bridge across Miami
Beach Channel need not open from 6:05
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Federal Register / Vol. 70, No. 18 / Friday, January 28, 2005 / Rules and Regulations
a.m. to 8:40 a.m. on January 30, 2005.
Public vessesl of the United States and
vessels in distress shall be passed at any
time.
I 4. From 6:25 a.m. until 10 a.m. on
Sunday, January 30, 2005, in § 117.305,
paragraphs (c) and (d) are suspended and
new paragraphs (e) and (f) are added to
read as follows:
§ 117.305
Miami River.
*
*
*
*
*
(e) The draw of each bridge from the
mouth of the Miami River, to and
including the NW. 27th Avenue bridge,
mile 3.7 at Miami, except the Miami
Avenue and Brickell Avenue bridges,
shall open on signal.
(f) The Miami Avenue bridge, across
the Miami River, need not open from
6:25 a.m. to 10 a.m. on Sunday, January
30, 2005, and the Brickell Avenue
bridge, across the Miami River, need not
open 7:10 a.m. to 12:05 p.m. on Sunday,
January 30, 2005. Public vessels of the
United States and vessels in an
emergency involving danger to life or
property shall be passed at any time.
Dated: January 11, 2005.
D. Brian Peterman,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District
[FR Doc. 05–1659 Filed 1–27–05; 8:45 am]
BILLING CODE 4910–15–M
Dated: January 21, 2005.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 05–1658 Filed 1–27–05; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
BILLING CODE 4910–15–P
33 CFR Part 117
[CGD01–05–004]
Drawbridge Operation Regulations:
Newtown Creek, Dutch Kills, English
Kills, and Their Tributaries, NY
Coast Guard, DHS.
ACTION: Notice of temporary deviation
from regulations.
AGENCY:
The Commander, First Coast
Guard District, has issued a temporary
deviation from the drawbridge operation
regulations for the Metropolitan Avenue
Bridge, mile 3.4, across English Kills at
New York City, New York. Under this
temporary deviation the bridge may
remain closed on the following days:
February 14 through February 15;
February 24 through February 25; March
3 through March 4; March 10 through
March 11; March 17 through March 18;
and March 24 through March 25, 2005.
This temporary deviation is necessary to
facilitate bridge maintenance.
SUMMARY:
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14:20 Jan 27, 2005
This deviation is effective from
February 14, 2005, through March 25,
2005.
FOR FURTHER INFORMATION CONTACT: Judy
Leung-Yee, Project Officer, First Coast
Guard District, at (212) 668–7195.
SUPPLEMENTARY INFORMATION: The
Metropolitan Avenue Bridge has a
vertical clearance in the closed position
of 10 feet at mean high water and 15 feet
at mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR 117.801(e).
The owner of the bridge, New York
City Department of Transportation
(NYCDOT), requested a temporary
deviation from the drawbridge operation
regulations to facilitate rehabilitation
repairs at the bridge. The bridge must
remain in the closed position to perform
these repairs.
Under this temporary deviation the
NYCDOT Metropolitan Avenue Bridge
may remain in the closed position on
the following days: February 14 through
February 15; February 24 through
February 25; March 3 through March 4;
March 10 through March 11; March 17
through March 18; and March 24
through March 25, 2005.
This deviation from the operating
regulations is authorized under 33 CFR
117.35, and will be performed with all
due speed in order to return the bridge
to normal operation as soon as possible.
DATES:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R05–OAR–2004–MI–0003; FRL–7865–2]
Approval and Promulgation of
Maintenance Plan Revisions; Michigan
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving a December
19, 2003 request from Michigan for a
State Implementation Plan (SIP)
revision of the Southeast Michigan
carbon monoxide (CO) maintenance
plan. The CO maintenance plan revision
establishes a new on-road emissions
inventory for the years 1996 and 2010.
The revision also establishes a new
transportation conformity motor vehicle
emissions budget (MVEB) for the year
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4019
2010. The emission inventory and
MVEB updates are designed to maintain
the National Ambient Air Quality
Standards (NAAQS) for CO as required
by the Clean Air Act (CAA).
DATES: This rule is effective on March
29, 2005, unless EPA receives adverse
written comments by February 28, 2005.
If EPA receives adverse comments, EPA
will publish a timely withdrawal of the
rule in the Federal Register and inform
the public that the rule will not take
effect.
Submit comments,
identified by Regional Material in
EDocket (RME) ID No. R05–OAR–2004–
MI–0003, by one of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Agency Web site: https://
docket.epa.gov/rmepub/. Regional RME,
EPA’s electronic public docket and
comments system, is EPA’s preferred
method for receiving comments. Once
in the system, select ‘‘quick search,’’
then key in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
E-mail: mooney.john@epa.gov.
Fax: (312)886–5824.
Mail: You may send written
comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
Hand delivery: Deliver your
comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
18th floor, Chicago, Illinois 60604. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to
RME ID No. R05–OAR–2004–MI–0003.
EPA’s policy is that all comments
received will be included in the public
docket without change, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and
the federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
ADDRESSES:
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]]>Agencies
[Federal Register Volume 70, Number 18 (Friday, January 28, 2005)]
[Rules and Regulations]
[Pages 4016-4019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1659]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-04-108]
RIN 1625-AA09
Drawbridge Operation Regulations; Biscayne Bay, Atlantic
Intracoastal Waterway, Miami River, and Miami Beach Channel, Miami-Dade
County, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the regulations
governing the operation of the east and
[[Page 4017]]
west spans of the Venetian Causeway bridges across the Miami Beach
Channel on the Atlantic Intracoastal Waterway, the Miami Avenue bridge
and the Brickell Avenue bridge across the Miami River, Miami-Dade
County. This temporary rule allows these bridges to remain in the
closed position during the running of the Miami Tropical Marathon on
January 30, 2005.
DATES: This temporary rule is effective from 6:05 a.m. until 12:05 p.m.
on January 30, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD07-04-108] and are available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 SE 1st
Avenue, Miami, Florida 33131-3050, between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Bridge Branch (obr), Seventh
Coast Guard District, maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Project Manager,
Seventh Coast Guard District, Bridge Branch, (305) 415-6747.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 30, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Biscayne Bay,
Atlantic Intracoastal Waterway, Miami River, and Miami Beach Channel,
Miami-Dade County, FL in the Federal Register (69 FR 69561). We
received no comments on this proposed rule. No public hearing was
requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. No changes were made to the
proposed regulatory text. The event for which the rule is necessary is
scheduled to occur less than 30 days from the date of publication.
Therefore, waiting an addtional 30 days from the date of publication to
make this rule effective is both unnecessary and impracticable.
Background and Purpose
The Miami Marathon Director requested that the Coast Guard
temporarily change the existing regulations governing the operation of
the east and west spans of the Venetian Causeway bridges, the Brickell
Avenue bridge and the Miami Avenue bridge to allow them to remain in
the closed position during the running of the Miami Tropical Marathon
on Sunday, January 30, 2005. The closure times range from 6:05 a.m.
through 12:05 p.m. The marathon route will pass over these four bridges
and any bridge opening would disrupt the race. Based on the limited
amount of time the bridges will be closed, the proposed rule will still
provide for the reasonable needs of navigation on the day of the event.
The east and west spans of the Venetian Causeway bridges are
located between Miami and Miami Beach. The current regulation governing
the operation of the east span of the Venetian Causeway bridge is
published in 33 CFR 117.269 and requires the bridge to open on signal;
except that, from November 1 through April 30 from 7:15 a.m. to 8:45
a.m. and from 4:45 p.m. to 6:15 p.m. Monday through Friday, the draw
need not open. However, the draw opens at 7:45 a.m., 8:15 a.m., 5:15
p.m., and 5:45 p.m., if any vessels are waiting to pass. The draw opens
on signal on Thanksgiving Day, Charistmas Day, New Year's Day and
Washington's Birthday. The draw opens at anytime for public vessels of
the United States, tugs with tows, regularly scheduled cruise vessels,
and vessels in distress.
The regulation governing the west span of the Venetian Causeway
bridge is published in 33 CFR 117.261(j)(4)(nn) and requires the bridge
to open on signal; except that, from November 1 through April 30,
Monday through Friday except Federal holidays, from 7 a.m. to 9 a.m.
and 4:30 p.m. to 6:30 p.m., that the draw need open only on the hour
and the half-hour.
The regulation governing the Miami Avenue bridge, mile 0.3, at
Miami, is published at 33 CFR 117.305(c) and requires that the bridge
open on signal; except that, from 7:35 a.m. to 8:59 a.m., 12:05 p.m. to
12:59 p.m. and 4:35 p.m. to 5:59 p.m., Monday through Friday, except
Federal holidays, the draw need not open for the passage of vessels.
The regulation governing the draw of the Brickell Avenue bridge,
mile 0.1. at Miami, is published in 33 CFR 117.305(d) and requires that
the bridge open on signal; except that, 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. From 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59
p.m. and 4:35 p.m. to 5:59 p.m., Monday through Friday except Federal
holidays, the draw need not open for the passage of vessels.
This temporary rule will not advesely affect the reasonable needs
of navigation due to the short duration that the bridges will be in the
closed position.
Discussion of Comments and Changes
No comments were received in response to the notice of proposed
rulemaking and there were no changes made to the proposed regulatory
text.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assesssment of potential costs and benefits under
section 6(a)(3) of that Order. The Office of Management and Budget has
not reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this temporary rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The short
duration of time during the morning of January 30, 2005, that the
bridges will remain in the closed position to facilitate the running of
the marathon will have little, if any, economic impact. This rule was
preceded by a notice of proposed rulemaking and no comments were
received.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the owners or operators of vessels that
will require passage through these bridges during the morning hours of
January 30, 2005. These vessels will not be able to pass through these
bridges during the effective times of this rule. A notice of proposed
rulemaking was published for this rule. No comments were received and
no changes were made to the proposed regulatory test. Due to the
limited effective times of this rule and the nominal amount of marine
traffic expected during the early and late morning hours on a Sunday at
this time of year, this rule would not have a significant economic
impact on a substantial number of small entities.
[[Page 4018]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
offered small businesses, organizations, or governmental jurisdictions
that believed the rule would affect them, or that had questions
concerning its provisions or options for compliance, to contact the
person listed in FOR FURTHER INFORMATION CONTACT.
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).
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 aggregate, or by the private sector of $100,000,000 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 the
preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and will not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under 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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory affairs has not designated it as a significant energy
action. Therefore, it does not require a statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.b.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation. This rule fits within paragraph (32)(e)
because it pertains to operation regulations for drawbridges. Under
figure 2-1, paragraph (32)(e), of the Instruction, an ``Environmental
Analysis Check List'' and a ``Categorical Exclusion Determination'' are
not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
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; Department of Homeland Security
Delegation No. 0170.1; section 117.255 also issued under authority
of Pub. L. 102-587, 106 Stat. 5039.
0
2. From 6:15 a.m. until 9:20 a.m. on January 30, 2005, in Sec.
117.261, paragraph (nn) is suspended and a new paragraph (tt) is added
to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(tt) West Span of the Venetian Causeway, mile 1088.6 at Miami. The
draw need not open from 6:15 a.m. until 9:20 a.m. on January 30, 2005.
Public vessels of the United States and vessels in distress shall be
passed at any time.
0
3. From 6:05 a.m. until 8:40 a.m. on January 30, 2005, in Sec.
117.269, temporarily designate the existing regulatory text as
paragraph (a); suspend paragraph (a); and add a new paragraph (b) to
read as follows:
Sec. 117.269 Biscayne Bay.
* * * * *
(b) The draw of the east span of the Venetian Causeway bridge
across Miami Beach Channel need not open from 6:05
[[Page 4019]]
a.m. to 8:40 a.m. on January 30, 2005. Public vessesl of the United
States and vessels in distress shall be passed at any time.
0
4. From 6:25 a.m. until 10 a.m. on Sunday, January 30, 2005, in Sec.
117.305, paragraphs (c) and (d) are suspended and new paragraphs (e)
and (f) are added to read as follows:
Sec. 117.305 Miami River.
* * * * *
(e) The draw of each bridge from the mouth of the Miami River, to
and including the NW. 27th Avenue bridge, mile 3.7 at Miami, except the
Miami Avenue and Brickell Avenue bridges, shall open on signal.
(f) The Miami Avenue bridge, across the Miami River, need not open
from 6:25 a.m. to 10 a.m. on Sunday, January 30, 2005, and the Brickell
Avenue bridge, across the Miami River, need not open 7:10 a.m. to 12:05
p.m. on Sunday, January 30, 2005. Public vessels of the United States
and vessels in an emergency involving danger to life or property shall
be passed at any time.
Dated: January 11, 2005.
D. Brian Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District
[FR Doc. 05-1659 Filed 1-27-05; 8:45 am]
BILLING CODE 4910-15-M
