Drawbridge Operation Regulation; Biscayne Bay, Miami Beach, FL, 29944-29946 [2015-12552]
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29944
Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
By the Commission.
Dated: May 18, 2015.
Jill M. Peterson,
Assistant Secretary.
BILLING CODE 8011–01–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 117
[Docket No. USCG–2014–0719]
RIN 1625–AA09
Drawbridge Operation Regulation;
Biscayne Bay, Miami Beach, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
temporarily modifying the operating
schedule that governs the East Venetian
Causeway Bridge across Miami Beach
Channel, Miami-Dade County, Florida.
For approximately nine months, the
West Venetian Causeway Bridge will
remain in the open position to complete
necessary repairs. This rule will
temporarily authorize the fulltime
closure of the East Venetian Causeway
Bridge to ensure that vehicular traffic
will be able to access and depart from
the Venetian Causeway while
emergency repairs are completed.
DATES: This temporary final rule is
effective from 7 a.m. on May 26, 2015
to 7 p.m. on February 28, 2016.
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The East Venetian Causeway Bridge
connects Rivo Alto Island and the four
Venetian Causeway islands east of
Miami to Belle Isle and Miami Beach,
Florida. The vertical clearance of the
East Venetian Causeway Bridge is five
feet above mean high water and the
horizontal clearance is 57 feet between
fenders.
Emergency repairs are required on
both the East Venetian Causeway Bridge
and the West Venetian Causeway
Bridge. This rule will allow repairs to be
completed on both bridges while
minimizing impacts on vehicular and
waterway traffic.
On August 12, 2014, the East Venetian
Causeway Bridge bridge owner, MiamiDade County, and the Mayor of Miami
Beach requested that the Coast Guard
consider closing the East Venetian
Causeway Bridge to all marine traffic
during repairs to the approach span on
west side of the Venetian Islands. The
roadway leading to the West Venetian
Causeway Bridge will be closed to
vehicular traffic while repairs are
completed on the approach span and
Miami-Dade County will leave the West
Venetian Causeway Bridge in the open
to navigation position. While the West
Venetian Causeway Bridge is in the
open position, vehicles accessing
islands along the Venetian Causeway
will use the East Venetian Causeway
Bridge.
On April 20, 2015, the Coast Guard
was advised that the East Venetian
Bridge experienced an extensive
mechanical breakdown which cannot be
fixed prior to the start of West Venetian
Approach replacement. These repairs
can be completed while the bridge is in
the closed position. However, due to the
extensive repairs required to fix the East
Venetian Bridge, all parties have agreed
to allow the repairs to be completed
after vehicle traffic is restored on the
West Venetian Bridge. This rule will
allow the East Venetian Bridge to
remain closed to navigation until the
repairs to the West Venetian Approach
are completed and vehicle traffic
movement has been restored.
A. Regulatory History and Information
Coast Guard
SUMMARY:
B. Basis and Purpose
Documents mentioned in
this preamble are part of docket [USCG–
2014–0719]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or email Robert Glassman
at telephone 305–415–6746, email
Robert.S.Glassman@uscg.mil. If you
have questions on viewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
[FR Doc. 2015–12566 Filed 5–22–15; 8:45 am]
ACTION:
ADDRESSES:
Table of Acronyms
was approved by the Director of the
Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. You
must comply with these requirements in
order for documents to be timely
received and accepted. The EDGAR
Filer Manual is available for Web site
viewing and printing; the address for
the Filer Manual is https://www.sec.gov/
info/edgar.shtml. You can obtain paper
copies of the EDGAR Filer Manual from
the following address: Public Reference
Room, U.S. Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. You can also
inspect the document at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
On September 11, 2014, we published
a notice of proposed rulemaking
(NPRM) entitled ‘‘Drawbridge Operation
Regulation; Biscayne Bay, Miami Beach,
FL’’ in the Federal Register (79 FR
54241–54244). We received 13
comments on the proposed rule. No
public meeting 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. This provision authorizes an
agency to make a rule effective less than
30 days after publication in the Federal
Register when the agency for good cause
finds that delaying the effective period
for 30 days or more is ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ 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 because the East Venetian
Causeway Bridge experienced a
mechanical failure that prevents it from
being opened. Therefore, it is
impracticable to make this rule effective
30 days or more after publication in the
Federal Register.
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C. Discussion of Comments, Changes
and the Temporary Final Rule
Title 33, Code of Federal Regulations,
Section 117.269 requires the East
Venetian Causeway Bridge to open on
signal except from 7 a.m. to 7 p.m.,
Monday through Friday when it opens
on the hour and half-hour (Federal
holidays excluded). On September 11,
2014, the Coast Guard published a
NPRM that proposed amending the
operating schedule for the East Venetian
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Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
Causeway Bridge by authorizing it to
remain closed except for an opening at
10:30 a.m. and 7:30 p.m. daily from
November 1, 2014 until August 1, 2015.
This opening schedule was proposed to
limit openings during West Venetian
Causeway Bridge approach span repairs.
Following publication of this proposed
rule, Miami-Dade County determined
that waterway and vehicular traffic
would be least affected if repair work
started during the summer months, after
the conclusion of peak tourist season.
Therefore, repair work did not
commence during the time period
proposed.
Miami-Dade County recently notified
the Coast Guard that it will be able to
commence repairs to the West Venetian
Causeway Bridge in June 2015. Due to
the recent mechanical failure of the East
Venetian Causeway Bridge, the Coast
Guard is making this rule effective prior
to the commencement of construction
on the West Venetian Causeway Bridge.
In response to the NPRM, the Coast
Guard received 13 comments, all of
which expressed concerns with the
ability of emergency vehicles to respond
to incidents on Venetian Causeway
islands in a timely manner if the East
Venetian Causeway bridge operation
fails while it is in the open to navigation
position. The Coast Guard received no
comments from the maritime
community, but the proposed rule noted
that maritime traffic can use the West
Venetian Causeway Bridge to gain
access to adjacent waterways while the
East Venetian Causeway is closed.
Based on draw tender logs, the Coast
Guard found that vessel traffic on this
waterway typically consists of
recreational boats and two commercial
passenger vessels. These vessels can use
the West Venetian causeway bridge as a
route of similar convenience while this
rule is in effect.
After considering comments received,
the recent mechanical failure of the East
Venetian Causeway Bridge, and the
ability of maritime traffic to safely
operate on waters adjacent to the East
Venetian Causeway Bridge, the Coast
Guard is amending the operating
schedule for the East Venetian
Causeway Bridge by authorizing full
time closure until repairs can be made
to the East and West Venetian Causeway
Bridges. Miami-Dade County has
confirmed that repairs to both bridges
will be completed by the end of
February 2016. Therefore, this rule is
effective until February 28, 2016.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
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Below we summarize our analyses
based on these statutes or executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The
Office of Management and Budget has
not reviewed it under those Orders.
This rule authorizes the East Venetian
Causeway Bridge to remain in the
closed to navigation position at all times
while repairs are made. During the time
period needed for these repairs, vessel
traffic seeking access through the
Venetian Causeway may transit through
the West Venetian Causeway bridge or,
alternatively, vessels may transit around
Miami Beach. Therefore, this is not a
significant regulatory action because
alternative routes of similar
convenience are available to maritime
traffic.
2. 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.
No changes were made to
accommodate small entities. This rule
would affect the following entities,
some of which may be small entities:
The owners or operators of vessels
intending to transit the East Venetian
Causeway Bridge. As discussed in 1.
Regulatory Planning and Review above,
these operators may use other routes to
seek access to adjacent waterways.
3. Assistance for Small Entities
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,
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29945
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section 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.
4. 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).
5. Federalism
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 does not have
implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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.
9. 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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
■
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
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13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 concluded 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 rule is
categorically excluded, under figure 2–
1, paragraph (32)(e), of the Instruction.
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List of Subjects in 33 CFR Part 117
Bridges
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
2. Effective 7 a.m. on May 26, 2015 to
7 p.m. on February 28, 2016, suspend
§ 117.269 and add § 117.T269 to read as
follows:
■
§ 117.T269
Biscayne Bay.
The Venetian Causeway Bridge (East)
shall remain closed to navigation.
Dated: May 7, 2015.
Melissa Bert,
Captain, U.S. Coast Guard, Commander,
Seventh Coast Guard District, Acting.
[FR Doc. 2015–12552 Filed 5–22–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2015–0389]
RIN 1625–AA00
Safety Zone; Detroit Belle Isle Grand
Prix, Detroit River; Detroit, MI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone
encompassing a portion of the Detroit
River in Detroit, Michigan. This safety
zone is necessary to protect Belle Isle
Grand Prix participants, spectators and
vessels from the hazards associated with
a high speed automobile race in close
proximity to a navigable waterway.
This safety zone will establish
restrictions upon, and control
movement of, vessels in a portion of the
Detroit River. During the enforcement
period, no person or vessel may enter
the regulated area without permission of
the Captain of the Port.
SUMMARY:
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This temporary final rule is
effective and will be enforced from 8
a.m. on May 29, 2015 until 8 p.m. on
May 31, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0389. To view documents
mentioned in this preamble as being
available in the docket, go to
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box, and
click ‘‘Search.’’ You may visit the
Docket Management Facility,
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email PO1 Todd Manow,
Prevention Department, Sector Detroit,
Coast Guard; telephone 313–568–9580,
email Todd.M.Manow@uscg.mil. If you
have questions on viewing the docket,
call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826 or 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NAD 83 North American Datum of 1983
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because waiting
for a notice and comment period to run
would be impracticable, unnecessary,
and contrary to the public interest. The
final details of this event were not
known to the Coast Guard with
sufficient time for the Coast Guard to
solicit public comments before the start
of the event. Thus, delaying this
temporary rule to wait for a notice and
comment period to run would be
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect
waterways users from the hazards
associated with a high speed automobile
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]]>Agencies
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29944-29946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12552]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2014-0719]
RIN 1625-AA09
Drawbridge Operation Regulation; Biscayne Bay, Miami Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the East Venetian Causeway Bridge across Miami
Beach Channel, Miami-Dade County, Florida. For approximately nine
months, the West Venetian Causeway Bridge will remain in the open
position to complete necessary repairs. This rule will temporarily
authorize the fulltime closure of the East Venetian Causeway Bridge to
ensure that vehicular traffic will be able to access and depart from
the Venetian Causeway while emergency repairs are completed.
DATES: This temporary final rule is effective from 7 a.m. on May 26,
2015 to 7 p.m. on February 28, 2016.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0719]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Robert Glassman at telephone 305-
415-6746, email Robert.S.Glassman@uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
On September 11, 2014, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulation; Biscayne Bay, Miami
Beach, FL'' in the Federal Register (79 FR 54241-54244). We received 13
comments on the proposed rule. No public meeting 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. This provision authorizes an
agency to make a rule effective less than 30 days after publication in
the Federal Register when the agency for good cause finds that delaying
the effective period for 30 days or more is ``impracticable,
unnecessary, or contrary to the public interest.'' 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 because the East Venetian Causeway Bridge experienced a
mechanical failure that prevents it from being opened. Therefore, it is
impracticable to make this rule effective 30 days or more after
publication in the Federal Register.
B. Basis and Purpose
The East Venetian Causeway Bridge connects Rivo Alto Island and the
four Venetian Causeway islands east of Miami to Belle Isle and Miami
Beach, Florida. The vertical clearance of the East Venetian Causeway
Bridge is five feet above mean high water and the horizontal clearance
is 57 feet between fenders.
Emergency repairs are required on both the East Venetian Causeway
Bridge and the West Venetian Causeway Bridge. This rule will allow
repairs to be completed on both bridges while minimizing impacts on
vehicular and waterway traffic.
On August 12, 2014, the East Venetian Causeway Bridge bridge owner,
Miami-Dade County, and the Mayor of Miami Beach requested that the
Coast Guard consider closing the East Venetian Causeway Bridge to all
marine traffic during repairs to the approach span on west side of the
Venetian Islands. The roadway leading to the West Venetian Causeway
Bridge will be closed to vehicular traffic while repairs are completed
on the approach span and Miami-Dade County will leave the West Venetian
Causeway Bridge in the open to navigation position. While the West
Venetian Causeway Bridge is in the open position, vehicles accessing
islands along the Venetian Causeway will use the East Venetian Causeway
Bridge.
On April 20, 2015, the Coast Guard was advised that the East
Venetian Bridge experienced an extensive mechanical breakdown which
cannot be fixed prior to the start of West Venetian Approach
replacement. These repairs can be completed while the bridge is in the
closed position. However, due to the extensive repairs required to fix
the East Venetian Bridge, all parties have agreed to allow the repairs
to be completed after vehicle traffic is restored on the West Venetian
Bridge. This rule will allow the East Venetian Bridge to remain closed
to navigation until the repairs to the West Venetian Approach are
completed and vehicle traffic movement has been restored.
C. Discussion of Comments, Changes and the Temporary Final Rule
Title 33, Code of Federal Regulations, Section 117.269 requires the
East Venetian Causeway Bridge to open on signal except from 7 a.m. to 7
p.m., Monday through Friday when it opens on the hour and half-hour
(Federal holidays excluded). On September 11, 2014, the Coast Guard
published a NPRM that proposed amending the operating schedule for the
East Venetian
[[Page 29945]]
Causeway Bridge by authorizing it to remain closed except for an
opening at 10:30 a.m. and 7:30 p.m. daily from November 1, 2014 until
August 1, 2015. This opening schedule was proposed to limit openings
during West Venetian Causeway Bridge approach span repairs. Following
publication of this proposed rule, Miami-Dade County determined that
waterway and vehicular traffic would be least affected if repair work
started during the summer months, after the conclusion of peak tourist
season. Therefore, repair work did not commence during the time period
proposed.
Miami-Dade County recently notified the Coast Guard that it will be
able to commence repairs to the West Venetian Causeway Bridge in June
2015. Due to the recent mechanical failure of the East Venetian
Causeway Bridge, the Coast Guard is making this rule effective prior to
the commencement of construction on the West Venetian Causeway Bridge.
In response to the NPRM, the Coast Guard received 13 comments, all
of which expressed concerns with the ability of emergency vehicles to
respond to incidents on Venetian Causeway islands in a timely manner if
the East Venetian Causeway bridge operation fails while it is in the
open to navigation position. The Coast Guard received no comments from
the maritime community, but the proposed rule noted that maritime
traffic can use the West Venetian Causeway Bridge to gain access to
adjacent waterways while the East Venetian Causeway is closed.
Based on draw tender logs, the Coast Guard found that vessel
traffic on this waterway typically consists of recreational boats and
two commercial passenger vessels. These vessels can use the West
Venetian causeway bridge as a route of similar convenience while this
rule is in effect.
After considering comments received, the recent mechanical failure
of the East Venetian Causeway Bridge, and the ability of maritime
traffic to safely operate on waters adjacent to the East Venetian
Causeway Bridge, the Coast Guard is amending the operating schedule for
the East Venetian Causeway Bridge by authorizing full time closure
until repairs can be made to the East and West Venetian Causeway
Bridges. Miami-Dade County has confirmed that repairs to both bridges
will be completed by the end of February 2016. Therefore, this rule is
effective until February 28, 2016.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
This rule authorizes the East Venetian Causeway Bridge to remain in
the closed to navigation position at all times while repairs are made.
During the time period needed for these repairs, vessel traffic seeking
access through the Venetian Causeway may transit through the West
Venetian Causeway bridge or, alternatively, vessels may transit around
Miami Beach. Therefore, this is not a significant regulatory action
because alternative routes of similar convenience are available to
maritime traffic.
2. 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.
No changes were made to accommodate small entities. This rule would
affect the following entities, some of which may be small entities: The
owners or operators of vessels intending to transit the East Venetian
Causeway Bridge. As discussed in 1. Regulatory Planning and Review
above, these operators may use other routes to seek access to adjacent
waterways.
3. Assistance for Small Entities
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
section 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.
4. 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).
5. Federalism
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 does not have implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
[[Page 29946]]
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 concluded
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 rule is categorically excluded, 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.
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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Effective 7 a.m. on May 26, 2015 to 7 p.m. on February 28, 2016,
suspend Sec. 117.269 and add Sec. 117.T269 to read as follows:
Sec. 117.T269 Biscayne Bay.
The Venetian Causeway Bridge (East) shall remain closed to
navigation.
Dated: May 7, 2015.
Melissa Bert,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District,
Acting.
[FR Doc. 2015-12552 Filed 5-22-15; 8:45 am]
BILLING CODE 9110-04-P
