Drawbridge Operation Regulation; Atlantic Intracoastal Waterway (AICW) and Miami Beach Channel, Miami, FL, 30231-30233 [2023-10096]
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Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Rules and Regulations
D. Federalism and Indian Tribal
Governments
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.
ddrumheller on DSK120RN23PROD with RULES1
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
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 involves a
special local regulation lasting four
hours. It is categorically excluded from
further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Memorandum for the Record supporting
this determination is available in the
docket. For instructions on locating the
docket, see the ADDRESSES section of
this preamble.
VerDate Sep<11>2014
16:20 May 10, 2023
Jkt 259001
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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 100
Harbors, Marine safety, Navigation
(water), Security measures, Security.
For the reasons stated in the
preamble, the Coast Guard is amending
33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T07–0374 to read as
follows:
■
§ 100.T07–0374 Lowcountry Splash,
Wando River and Cooper River, Charleston
and Mount Pleasant, SC.
(a) Regulated area. The regulations in
this section apply to the following area:
All waters of 50-yards in front of lead
safety vessel preceding the first swim
participants, 50-yards behind the safety
vessel trailing the last swim
participants, and at all times extending
100-yards on either side of safety vessels
and swim participants. The Lowcountry
Splash swim event begins on the Wando
River, on Daniel Island, Charleston, SC,
and finishes at the Harbor Resort Marina
on the Cooper River in Mount Pleasant,
SC.
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel and a Federal, State, and
local officer designated by or assisting
the Captain of the Port Charleston
(COTP) in the enforcement of the
regulations in this section.
Participant means all persons and
vessels registered with the event
sponsor as a participants in the race.
(c) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the Captain
of the Port Charleston or their
designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
30231
representative by telephone at 843–740–
7050, or a designated representative via
VHF radio on channel 16. Those in the
regulated area must comply with all
lawful orders or directions given to
them by the COTP or the designated
representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners
and by on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from 7 a.m. to 11 a.m.
on May 13, 2023.
Dated: May 5, 2023.
F.J. DelRosso,
Captain, U.S. Coast Guard, Captain of the
Port Sector Charleston.
[FR Doc. 2023–10084 Filed 5–10–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0371]
RIN 1625–AA09
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway (AICW)
and Miami Beach Channel, Miami, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
West 79th Street Bridge across the
Atlantic Intracoastal Waterway (AICW),
mile 1084.6, at Miami, Florida, and the
East 79th Street Bridge across Miami
Beach Channel, mile 2.20, at Miami
Beach, Florida. This action will place
the West and East 79th Street Bridges on
a once an hour opening schedule during
peak traffic hours, Monday through
Friday, except Federal holidays. This
action is intended to assist with
reducing vehicular traffic congestion in
the area.
DATES: This rule is effective June 12,
2023.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type the docket
number (USCG–2022–0371) in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’. In
the Document Type column, select
‘‘Supporting & Related Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ms. Jennifer Zercher, Bridge
ADDRESSES:
E:\FR\FM\11MYR1.SGM
11MYR1
30232
Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Rules and Regulations
Management Specialist, Seventh Coast
Guard District; telephone 305–415–
6740, email Jennifer.N.Zercher@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
FDOT Florida Department of
Transportation
FL Florida
AICW Atlantic Intracoastal Waterway
ddrumheller on DSK120RN23PROD with RULES1
II. Background Information and
Regulatory History
On June 7, 2022, the Coast Guard
published a Notice of Proposed
Rulemaking entitled, ‘‘Drawbridge
Operation Regulation; Atlantic
Intracoastal Waterway (AICW) and
Miami Beach Channel, Miami, FL’’ in
the Federal Register (87 FR 34601).
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 July 22,
2022, we received one hundred twentysix comments, and those comments are
addressed in Section IV of this Final
Rule.
On September 20, 2022, the Coast
Guard published a Test Deviation
entitled ‘‘Drawbridge Operation
Regulation; Atlantic Intracoastal
Waterway (AICW) and Miami Beach
Channel, Miami, FL’’ in the Federal
Register (87 FR 59298). There we stated
why we issued the Test Deviation and
invited comments on our proposed
regulatory action related to this
regulatory change. During the comment
period that ended December 29, 2022,
we received two hundred two
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 West 79th Street Bridge across
the AICW, mile 1084.6, at Miami, FL is
a double-leaf bascule bridge with a 21foot vertical clearance (25 feet charted at
the center span) at mean high water in
the closed position. The normal
operating schedule for the bridge is set
forth in 33 CFR 117.261 (mm-1). The
East 79th Street Bridge across the Miami
Beach Channel, mile 2.20, at Miami
Beach, FL is a double-leaf bascule
bridge with a 21-foot vertical clearance
VerDate Sep<11>2014
16:20 May 10, 2023
Jkt 259001
at mean high water in the closed
position. The normal operating schedule
for the bridge is set forth in 33 CFR
117.304. Navigation on the waterways
consists of recreational and commercial
mariners.
North Bay Village, with the support of
the bridge owner, Florida Department of
Transportation, requested the Coast
Guard consider allowing the
drawbridges to remain closed to
navigation during morning and evening
rush hour with top of the hour openings
provided at pre-determined times. North
Bay Village requested this change to
assist with alleviating vehicle traffic
congestion in the area.
IV. Discussion of Comments, Changes
and the Final Rule
During the NPRM comment period,
126 were received. One hundred fifteen
comments were in support of the
proposed change. Comments in general
supported the change with multiple
comments asking for further restrictions.
Comments to further restrict navigation
included not opening during daylight
hours and opening once an hour. The
Coast Guard feels additional operating
restrictions on these waterways would
create an unreasonable obstruction
across navigable waters of the United
States which is contrary to federal law.
Eight comments had no opinion on the
proposed change but provided general
comments on the operation of the
bridges. Comments were made that the
bridges are not being properly
maintained and have frequent failures.
These comments were outside the scope
of the NPRM, and the comments were
made available to the bridge owner.
Three comments opposed the proposed
change. The comments stated the bridge
should not open hourly because it is
during rush hour. These commenters
misunderstood the bridge operation,
however, because this action will
reduce the drawbridge openings by only
allowing the bridge to open hourly
verses the current schedule of twice an
hour.
During the Test Deviation comment
period, 202 comments were received.
One hundred seventy-eight comments
were in support of the test deviation and
proposed changes. Like the NPRM
comments, most appeared to be part of
a mass mailing campaign by residents
and North Bay Village employees and
included identical or very similar
comments. One North Bay Village
employee stated the bridges should be
permanently closed to navigation and
nine others wanted additional
restrictions which included not opening
during rush hour. Comments to
permanently close or allow the
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
drawbridge not to open during rush
hour would create an unreasonable
obstruction across navigable waters of
the United States and is contrary to
federal law. Seven comments had no
opinion on the proposed change but
mentioned the bridge failures, and that
a new bridge should be considered.
These comments were outside the scope
of the test deviation and the comments
were made available to the bridge
owner. Eight comments were duplicate
entries.
We did not make changes to the
regulatory text as a result of these
comments. We did, however, make a
change to the numbering scheme within
117.261.
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.
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 fact that vessels can still
transit the bridges at designated times
throughout the day, and vessels that can
transit under the bridges 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 bridge
may be small entities, for the reasons
stated in section V.A above, this rule
E:\FR\FM\11MYR1.SGM
11MYR1
Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Rules and Regulations
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.
ddrumheller on DSK120RN23PROD with RULES1
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
VerDate Sep<11>2014
16:20 May 10, 2023
Jkt 259001
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,
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, Table 3–1 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.
*
*
*
*
*
(nn) West 79th Street Bridge, mile
1084.6, at Miami, Florida. The draw
shall operate as follows:
(1) Monday through Friday (except on
Federal holidays):
(i) 7 a.m. to 10 a.m. the draw need
only open on the hour.
(ii) 10 a.m. to 4 p.m. the draw need
only open on the hour and half hour.
(iii) 4 p.m. to 7 p.m. the draw need
only open on the hour.
(iv) 7 p.m. to 7 a.m. the draw shall
open on signal.
(2) Saturday, Sunday, and Federal
holidays the draw shall open on signal.
*
*
*
*
*
■ 3. Revise § 117.304 to read as follows
§ 117.304
Miami Beach Channel.
The draw of the East 79th Street
Bridge, mile 2.20, at Miami Beach,
Florida. The draw shall operate as
follows:
(a) Monday through Friday (except on
Federal holidays):
(1) 7 a.m. to 10 a.m. the draw need
only open on the hour.
(2) 10 a.m. to 4 p.m. the draw need
only open on the hour and half hour.
(3) 4 p.m. to 7 p.m. the draw need
only open on the hour.
(4) 7 p.m. to 7 a.m. the draw shall
open on signal.
(b) Saturday, Sunday, and Federal
holidays the draw shall open on signal.
Dated: May 4, 2023.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander
Coast Guard Seventh District.
[FR Doc. 2023–10096 Filed 5–10–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
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. 00170.1. Revision No. 01.3
2. Amend § 117.261 by redesignating
paragraph (nn) as paragraph (oo) and
adding new paragraph (nn) to read as
follows:
■
Fmt 4700
Sfmt 4700
[Docket No. FWS–R1–ES–2010–0071;
FF09E21000 FXES1111090FEDR 223]
RIN 1018–BE61
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
Frm 00019
§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
50 CFR Part 17
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PO 00000
30233
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for Slickspot Peppergrass
(Lepidium papilliferum); Correction
Fish and Wildlife Service,
Interior.
ACTION: Final rule; correction.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service or USFWS),
are correcting one amendatory
SUMMARY:
E:\FR\FM\11MYR1.SGM
11MYR1
]]>Agencies
[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Rules and Regulations]
[Pages 30231-30233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10096]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0371]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway
(AICW) and Miami Beach Channel, Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the West 79th Street Bridge across the Atlantic Intracoastal
Waterway (AICW), mile 1084.6, at Miami, Florida, and the East 79th
Street Bridge across Miami Beach Channel, mile 2.20, at Miami Beach,
Florida. This action will place the West and East 79th Street Bridges
on a once an hour opening schedule during peak traffic hours, Monday
through Friday, except Federal holidays. This action is intended to
assist with reducing vehicular traffic congestion in the area.
DATES: This rule is effective June 12, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2022-0371) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Jennifer Zercher, Bridge
[[Page 30232]]
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
FDOT Florida Department of Transportation
FL Florida
AICW Atlantic Intracoastal Waterway
II. Background Information and Regulatory History
On June 7, 2022, the Coast Guard published a Notice of Proposed
Rulemaking entitled, ``Drawbridge Operation Regulation; Atlantic
Intracoastal Waterway (AICW) and Miami Beach Channel, Miami, FL'' in
the Federal Register (87 FR 34601). 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 July 22,
2022, we received one hundred twenty-six comments, and those comments
are addressed in Section IV of this Final Rule.
On September 20, 2022, the Coast Guard published a Test Deviation
entitled ``Drawbridge Operation Regulation; Atlantic Intracoastal
Waterway (AICW) and Miami Beach Channel, Miami, FL'' in the Federal
Register (87 FR 59298). There we stated why we issued the Test
Deviation and invited comments on our proposed regulatory action
related to this regulatory change. During the comment period that ended
December 29, 2022, we received two hundred two 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 West 79th Street Bridge across the AICW, mile 1084.6, at Miami,
FL is a double-leaf bascule bridge with a 21-foot vertical clearance
(25 feet charted at the center span) at mean high water in the closed
position. The normal operating schedule for the bridge is set forth in
33 CFR 117.261 (mm-1). The East 79th Street Bridge across the Miami
Beach Channel, mile 2.20, at Miami Beach, FL is a double-leaf bascule
bridge with a 21-foot vertical clearance at mean high water in the
closed position. The normal operating schedule for the bridge is set
forth in 33 CFR 117.304. Navigation on the waterways consists of
recreational and commercial mariners.
North Bay Village, with the support of the bridge owner, Florida
Department of Transportation, requested the Coast Guard consider
allowing the drawbridges to remain closed to navigation during morning
and evening rush hour with top of the hour openings provided at pre-
determined times. North Bay Village requested this change to assist
with alleviating vehicle traffic congestion in the area.
IV. Discussion of Comments, Changes and the Final Rule
During the NPRM comment period, 126 were received. One hundred
fifteen comments were in support of the proposed change. Comments in
general supported the change with multiple comments asking for further
restrictions. Comments to further restrict navigation included not
opening during daylight hours and opening once an hour. The Coast Guard
feels additional operating restrictions on these waterways would create
an unreasonable obstruction across navigable waters of the United
States which is contrary to federal law. Eight comments had no opinion
on the proposed change but provided general comments on the operation
of the bridges. Comments were made that the bridges are not being
properly maintained and have frequent failures. These comments were
outside the scope of the NPRM, and the comments were made available to
the bridge owner. Three comments opposed the proposed change. The
comments stated the bridge should not open hourly because it is during
rush hour. These commenters misunderstood the bridge operation,
however, because this action will reduce the drawbridge openings by
only allowing the bridge to open hourly verses the current schedule of
twice an hour.
During the Test Deviation comment period, 202 comments were
received. One hundred seventy-eight comments were in support of the
test deviation and proposed changes. Like the NPRM comments, most
appeared to be part of a mass mailing campaign by residents and North
Bay Village employees and included identical or very similar comments.
One North Bay Village employee stated the bridges should be permanently
closed to navigation and nine others wanted additional restrictions
which included not opening during rush hour. Comments to permanently
close or allow the drawbridge not to open during rush hour would create
an unreasonable obstruction across navigable waters of the United
States and is contrary to federal law. Seven comments had no opinion on
the proposed change but mentioned the bridge failures, and that a new
bridge should be considered. These comments were outside the scope of
the test deviation and the comments were made available to the bridge
owner. Eight comments were duplicate entries.
We did not make changes to the regulatory text as a result of these
comments. We did, however, make a change to the numbering scheme within
117.261.
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.
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 fact that
vessels can still transit the bridges at designated times throughout
the day, and vessels that can transit under the bridges 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
bridge may be small entities, for the reasons stated in section V.A
above, this rule
[[Page 30233]]
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, 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, Table 3-1 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. 00170.1. Revision No. 01.3
0
2. Amend Sec. 117.261 by redesignating paragraph (nn) as paragraph
(oo) and adding new paragraph (nn) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(nn) West 79th Street Bridge, mile 1084.6, at Miami, Florida. The
draw shall operate as follows:
(1) Monday through Friday (except on Federal holidays):
(i) 7 a.m. to 10 a.m. the draw need only open on the hour.
(ii) 10 a.m. to 4 p.m. the draw need only open on the hour and half
hour.
(iii) 4 p.m. to 7 p.m. the draw need only open on the hour.
(iv) 7 p.m. to 7 a.m. the draw shall open on signal.
(2) Saturday, Sunday, and Federal holidays the draw shall open on
signal.
* * * * *
0
3. Revise Sec. 117.304 to read as follows
Sec. 117.304 Miami Beach Channel.
The draw of the East 79th Street Bridge, mile 2.20, at Miami Beach,
Florida. The draw shall operate as follows:
(a) Monday through Friday (except on Federal holidays):
(1) 7 a.m. to 10 a.m. the draw need only open on the hour.
(2) 10 a.m. to 4 p.m. the draw need only open on the hour and half
hour.
(3) 4 p.m. to 7 p.m. the draw need only open on the hour.
(4) 7 p.m. to 7 a.m. the draw shall open on signal.
(b) Saturday, Sunday, and Federal holidays the draw shall open on
signal.
Dated: May 4, 2023.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander Coast Guard Seventh District.
[FR Doc. 2023-10096 Filed 5-10-23; 8:45 am]
BILLING CODE 9110-04-P
