Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL, 16985-16987 [2022-06288]

Download as PDF Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations ACTION: Notice of enforcement of regulation. DEPARTMENT OF HOMELAND SECURITY The Coast Guard will enforce a special local regulation for the Fort Lauderdale Air Show to provide for the safety of life on navigable waterways during this event. During the enforcement periods, the operator of any vessel in the regulated area must comply with directions from the Patrol Commander or any Official Patrol displaying a Coast Guard ensign. Coast Guard SUMMARY: The regulation in 33 CFR 100.702, Table 1 to § 100.702, Item 3, will be enforced from 9 a.m. to 6 p.m., each day from April 29, 2022 through May 1, 2022. DATES: If you have questions about this notice of enforcement, call or email Mr. Omar Beceiro, Sector Miami Waterways Management Division, U.S. Coast Guard: Telephone: 305–535–4317, Email: Omar.Beceiro@uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard will enforce a special local regulation in 33 CFR 100.702, Table 1 to § 100.702, Item 3, for the Fort Lauderdale Air Show, from 9 a.m. to 6 p.m., each day from Friday April 29, 2022 through Sunday May 1, 2022. The Coast Guard is taking this action to provide for the safety of life on navigable waterways during the event. Our regulation for recurring marine events, Sector Miami, 33 CFR 100.702, Table 1 to § 100.702, Item 3, specifies the location of the regulated area which encompasses a portion of Atlantic Ocean east of Fort Lauderdale Beach. Only event sponsor designated participants and official patrol vessels will be allowed to enter the regulated area. During the enforcement periods, as reflected in § 100.702, if you are the operator of a vessel in the regulated area you must comply with directions from the Patrol Commander or any Official Patrol displaying a Coast Guard ensign. In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts. lotter on DSK11XQN23PROD with RULES1 SUPPLEMENTARY INFORMATION: Dated: March 22, 2022. J. F. Burdian, Captain, U.S. Coast Guard, Captain of the Port Miami. [FR Doc. 2022–06301 Filed 3–24–22; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 15:53 Mar 24, 2022 Jkt 256001 33 CFR Part 117 [Docket No. USCG–2020–0658] RIN 1625–AA09 Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is changing the operating schedule that governs the 63rd Street Bridge, across Indian Creek, mile 4.0, at Miami Beach, FL. A request was made to place the drawbridge on a weekend operating schedule to assist with alleviating vehicle congestion due to on demand drawbridge openings. This change extends the operating schedule to the weekend, so that openings on the hour and half-hour will be required every day of the week, except Federal Holidays. DATES: This rule is effective April 25, 2022. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov. Type USCG– 2020–0658 in the ‘‘SEARCH’’ box and click ‘‘SEARCH. In the Document Type column, select ‘‘Supporting & Related Material.’’ ADDRESSES: If you have any questions on this rule, call or email Ms. Jennifer Zercher, Bridge Management Specialist, Seventh Coast Guard District, telephone 305–415– 6740, email Jennifer.N.Zercher@ uscg.mil. FOR FURTHER INFORMATION CONTACT: 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) § Section U.S.C. United States Code FL Florida FDOT Florida Department of Transportation LNM Local Notice to Mariners II. Background Information and Regulatory History On December 3, 2020, the Coast Guard published a Test Deviation, with a request for comments, entitled Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL, in the PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 16985 Federal Register (85 FR 77994), to test this operating schedule for the 63rd Street Bridge. Thirty one comments were received during the test period and those comments were addressed in the NPRM. On April 12, 2021, the Coast Guard published a Notice of Proposed Rulemaking entitled Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL in the Federal Register (86 FR 18927). There we stated why we issued the NPRM and invited comments on our proposed regulatory action related to this regulatory change. During the comment period that ended May 27, 2021, we received one comment which is addressed in Section IV of this Final Rule. On June 24, 2021, the Coast Guard reopened the comment period in the Federal Register (86 FR 33153). There we stated why we reopened the comment period and invited comments on our proposed regulatory action related to this regulatory change. During the comment period that ended July 26, 2021, we received three hundred and thirteen comments, and those comments are addressed in Section IV of this Final Rule. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The 63rd Street Bridge across Indian Creek, mile 4.0, at Miami Beach, FL, is a double-leaf bascule bridge with an 11 foot vertical clearance at mean high water in the closed position. The operating schedule for the drawbridge is set forth in 33 CFR 117.293. Navigation on the waterway is commercial and recreational. A private citizen, with the support from the bridge owner, Florida Department of Transportation (FDOT), requested the Coast Guard consider placing the drawbridge on a weekend operating schedule to assist with alleviating vehicle congestion due to on demand bridge openings. The bridge currently operates on a schedule during the weekdays. This change extends the operating schedule to the weekend. Openings on the hour and half-hour will be required every day of the week, including Saturday and Sunday. IV. Discussion of Comments, Changes and the Final Rule During the NPRM and the reopening of the NPRM comment period, three hundred and fourteen comments were received. One hundred and forty seven comments were in support of the proposed change but did not provide additional recommendations or opinions. E:\FR\FM\25MRR1.SGM 25MRR1 lotter on DSK11XQN23PROD with RULES1 16986 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations One hundred and nineteen comments were in support of the proposed change but requested additional restrictions be placed on the operation of the drawbridge. The additional restrictions included allowing the drawbridge to only open four times a day, only open once an hour, allow the drawbridge to remain closed to navigation at all times, limit the amount of time the drawbridge remained in the open to navigation position, extending the hours of the proposed schedule and removing the on demand openings completely. The Coast Guard recognizes that when the drawbridge opens to marine traffic, there is an interruption in vehicle traffic flow. However, the traffic congestion in the area surrounding the 63rd Street Bridge is not solely the result of the drawbridge’s operation. We have the responsibility to ensure that drawbridges are operated so that they are a minimum obstruction to waterway traffic while taking into account all modes of transportation. In order to help reduce motor vehicle traffic delays and congestion, the Coast Guard has authorized the drawbridge to operate on a schedule during weekdays, and now have authorized the drawbridge to operate on this proposed weekend schedule. We made the determination that adding restrictions beyond the proposal will not meet the reasonable needs of navigation for this waterway. Vessels have only one way to transit through Indian Creek at this location. Other modes of transportation have alternate routes to travel around this waterway. Six comments were received against the proposed weekend schedule. The commenters felt that the drawbridge is restricted enough during the weekday and boaters should continue to be able to request weekend openings on demand. The Coast Guard feels it reasonable to place the drawbridge on a weekend operating schedule to assist in alleviating vehicle congestion in the area. Thirty four comments were received but did not provide an opinion on the proposed operating schedule. The comments were directed toward overall traffic congestion, roadway design, an increase in charter vessels, vessel wakes, noise from charter vessels, and general comments on the drawbridge not associated with the proposed operating schedule. The Coast Guard will provide these comments to the appropriate agency that has enforcement authority. Six comments were duplicate entries and addressed above. Two were blank entries providing no opinions. VerDate Sep<11>2014 15:53 Mar 24, 2022 Jkt 256001 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. 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). This regulatory action determination is based on the ability that vessels can still transit the drawbridge during the scheduled openings. Additionally, vessels capable of transiting the waterway without an opening may do so at any time. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received zero comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the drawbridge 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 section. Small businesses may send comments on the actions of Federal employees PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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, 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, Rev.1, E:\FR\FM\25MRR1.SGM 25MRR1 Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules and Regulations associated implementing instructions, and Environmental Planning Policy COMDTINST 5090.1 (series) which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321– 4370f). The Coast Guard has determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule promulgates the operating regulations or procedures for drawbridges and is categorically excluded from further review, under paragraph L49, of Chapter 3, Table3–1 of the U.S. Coast Guard Environmental Planning Implementation Procedures. Neither a Record of Environmental Consideration nor a Memorandum for the Record are 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 1. The authority citation for part 117 continues to read as follows: ■ 2. Amend § 117.293 by revising the introductory text and paragraph (a) to read as follows: ■ Indian Creek. lotter on DSK11XQN23PROD with RULES1 Dated: March 17, 2022. Brendan C. McPherson, Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District. BILLING CODE 9110–04–P VerDate Sep<11>2014 15:53 Mar 24, 2022 Jkt 256001 33 CFR Part 165 [Docket Number USCG–2022–0215] RIN 1625–AA00 Safety Zone for Pollution Responders; Neva Strait, Sitka, AK Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters within a 100-yard radius of oil spill recovery vessels in Neva Strait. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by pollution response efforts. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Southeast Alaska. DATES: This rule is effective without actual notice from March 25, 2022 twenty-four hours per day until 6 p.m. on March 27, 2022. For the purposes of enforcement, actual notice will be used from noon on March 21, 2022 until March 25, 2022. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2022– 0215 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ SUMMARY: 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 a vessel ran aground, causing a significant oil spill, and immediate action is needed to respond to the potential safety hazards associated with pollution response efforts. It is impracticable to publish an NPRM because we must establish this safety zone by March 21, 2022. 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. Delaying the effective date of this rule would be impracticable because immediate action is needed to respond to the potential safety hazards associated with pollution response efforts in Neva Strait. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Southeast Alaska (COTP) has determined that potential hazards associated with pollution response efforts starting March 21, 2021, will be a safety concern for anyone within a 100-yard radius of oil spill recovery vessels in Neva Strait. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone for the duration of pollution response efforts. II. Background Information and Regulatory History IV. Discussion of the Rule This rule establishes a safety zone effective twenty-four hours per day until 6 p.m. on March 27, 2022. The safety zone will cover all navigable waters within 100 yards of vessels and machinery being used by personnel to respond to a significant oil spill. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters for the duration of pollution response efforts. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The Coast Guard is issuing this temporary 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 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 protestors. If you have questions on this rule, call or email Lieutenant Jesse Collins, Waterways Management Division, U.S. Coast Guard; telephone 907–463–2846, email Jesse.O.Collins@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations The draw of the 63rd Street Bridge across Indian Creek, mile 4.0 at Miami Beach, FL, shall open on signal except that: (a) Each day from 7 a.m. to 7 p.m., except Federal holidays, the draw need open only on the hour and half-hour; * * * * * [FR Doc. 2022–06288 Filed 3–24–22; 8:45 am] Coast Guard FOR FURTHER INFORMATION CONTACT: Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and Department of Homeland Security Delegation No. 0170.1. § 117.293 DEPARTMENT OF HOMELAND SECURITY 16987 CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\25MRR1.SGM 25MRR1

Agencies

[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Rules and Regulations]
[Pages 16985-16987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06288]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0658]
RIN 1625-AA09


Drawbridge Operation Regulation; Indian Creek, Miami Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is changing the operating schedule that 
governs the 63rd Street Bridge, across Indian Creek, mile 4.0, at Miami 
Beach, FL. A request was made to place the drawbridge on a weekend 
operating schedule to assist with alleviating vehicle congestion due to 
on demand drawbridge openings. This change extends the operating 
schedule to the weekend, so that openings on the hour and half-hour 
will be required every day of the week, except Federal Holidays.

DATES: This rule is effective April 25, 2022.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0658 in the ``SEARCH'' box and click ``SEARCH. In the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have any questions on this 
rule, call or email Ms. Jennifer Zercher, Bridge Management Specialist, 
Seventh Coast Guard District, telephone 305-415-6740, email 
[email protected].

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
FL Florida
FDOT Florida Department of Transportation
LNM Local Notice to Mariners

II. Background Information and Regulatory History

    On December 3, 2020, the Coast Guard published a Test Deviation, 
with a request for comments, entitled Drawbridge Operation Regulation; 
Indian Creek, Miami Beach, FL, in the Federal Register (85 FR 77994), 
to test this operating schedule for the 63rd Street Bridge. Thirty one 
comments were received during the test period and those comments were 
addressed in the NPRM.
    On April 12, 2021, the Coast Guard published a Notice of Proposed 
Rulemaking entitled Drawbridge Operation Regulation; Indian Creek, 
Miami Beach, FL in the Federal Register (86 FR 18927). There we stated 
why we issued the NPRM and invited comments on our proposed regulatory 
action related to this regulatory change. During the comment period 
that ended May 27, 2021, we received one comment which is addressed in 
Section IV of this Final Rule.
    On June 24, 2021, the Coast Guard reopened the comment period in 
the Federal Register (86 FR 33153). There we stated why we reopened the 
comment period and invited comments on our proposed regulatory action 
related to this regulatory change. During the comment period that ended 
July 26, 2021, we received three hundred and thirteen comments, and 
those comments are addressed in Section IV of this Final Rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The 63rd Street Bridge across Indian Creek, mile 4.0, at Miami 
Beach, FL, is a double-leaf bascule bridge with an 11 foot vertical 
clearance at mean high water in the closed position. The operating 
schedule for the drawbridge is set forth in 33 CFR 117.293. Navigation 
on the waterway is commercial and recreational.
    A private citizen, with the support from the bridge owner, Florida 
Department of Transportation (FDOT), requested the Coast Guard consider 
placing the drawbridge on a weekend operating schedule to assist with 
alleviating vehicle congestion due to on demand bridge openings. The 
bridge currently operates on a schedule during the weekdays. This 
change extends the operating schedule to the weekend. Openings on the 
hour and half-hour will be required every day of the week, including 
Saturday and Sunday.

IV. Discussion of Comments, Changes and the Final Rule

    During the NPRM and the reopening of the NPRM comment period, three 
hundred and fourteen comments were received. One hundred and forty 
seven comments were in support of the proposed change but did not 
provide additional recommendations or opinions.

[[Page 16986]]

    One hundred and nineteen comments were in support of the proposed 
change but requested additional restrictions be placed on the operation 
of the drawbridge. The additional restrictions included allowing the 
drawbridge to only open four times a day, only open once an hour, allow 
the drawbridge to remain closed to navigation at all times, limit the 
amount of time the drawbridge remained in the open to navigation 
position, extending the hours of the proposed schedule and removing the 
on demand openings completely. The Coast Guard recognizes that when the 
drawbridge opens to marine traffic, there is an interruption in vehicle 
traffic flow. However, the traffic congestion in the area surrounding 
the 63rd Street Bridge is not solely the result of the drawbridge's 
operation. We have the responsibility to ensure that drawbridges are 
operated so that they are a minimum obstruction to waterway traffic 
while taking into account all modes of transportation. In order to help 
reduce motor vehicle traffic delays and congestion, the Coast Guard has 
authorized the drawbridge to operate on a schedule during weekdays, and 
now have authorized the drawbridge to operate on this proposed weekend 
schedule. We made the determination that adding restrictions beyond the 
proposal will not meet the reasonable needs of navigation for this 
waterway. Vessels have only one way to transit through Indian Creek at 
this location. Other modes of transportation have alternate routes to 
travel around this waterway.
    Six comments were received against the proposed weekend schedule. 
The commenters felt that the drawbridge is restricted enough during the 
weekday and boaters should continue to be able to request weekend 
openings on demand. The Coast Guard feels it reasonable to place the 
drawbridge on a weekend operating schedule to assist in alleviating 
vehicle congestion in the area.
    Thirty four comments were received but did not provide an opinion 
on the proposed operating schedule. The comments were directed toward 
overall traffic congestion, roadway design, an increase in charter 
vessels, vessel wakes, noise from charter vessels, and general comments 
on the drawbridge not associated with the proposed operating schedule. 
The Coast Guard will provide these comments to the appropriate agency 
that has enforcement authority.
    Six comments were duplicate entries and addressed above. Two were 
blank entries providing no opinions.

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. 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).
    This regulatory action determination is based on the ability that 
vessels can still transit the drawbridge during the scheduled openings. 
Additionally, vessels capable of transiting the waterway without an 
opening may do so at any time.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received zero comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
drawbridge 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 
section.
    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, 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, Rev.1,

[[Page 16987]]

associated implementing instructions, and Environmental Planning Policy 
COMDTINST 5090.1 (series) which guide the Coast Guard in complying with 
the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-
4370f). The Coast Guard has determined that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule promulgates the 
operating regulations or procedures for drawbridges and is 
categorically excluded from further review, under paragraph L49, of 
Chapter 3, Table3-1 of the U.S. Coast Guard Environmental Planning 
Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Amend Sec.  117.293 by revising the introductory text and paragraph 
(a) to read as follows:


Sec.  117.293   Indian Creek.

    The draw of the 63rd Street Bridge across Indian Creek, mile 4.0 at 
Miami Beach, FL, shall open on signal except that:
    (a) Each day from 7 a.m. to 7 p.m., except Federal holidays, the 
draw need open only on the hour and half-hour;
* * * * *

    Dated: March 17, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District.
[FR Doc. 2022-06288 Filed 3-24-22; 8:45 am]
BILLING CODE 9110-04-P