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Drawbridge Operation Regulations; Miami River, Miami-Dade County, FL
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 6, 2002 (Volume 67, Number 151)]
[Proposed Rules]
[Page 50842-50844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au02-29]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD07-02-091]
RIN 2115-AE47
Drawbridge Operation Regulations; Miami River, Miami-Dade County, FL
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating regulations
of all drawbridges on the Miami River from the mouth of the river to
and including the N.W. 27th Avenue bridge, mile 3.7, Miami, Florida, by
allowing tugs and tugs with tows to pass through these bridges, except
the new Second Avenue bridge, upon proper signal to the bridge tender
even during the normal rush hour traffic periods. This proposed rule
would also allow the new Second Avenue bridge to only open a single-
leaf of the bridge during certain times of the day for approximately
seven months. This action is intended to facilitate commercial vessel
traffic along the Miami River and facilitate construction of the new
Second Avenue bridge.
DATES: Comments and related material must reach the Coast Guard on or
before September 5, 2002.
ADDRESSES: You may mail comments and related material to Commander
(obr), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 432,
Miami, FL 33131.
Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD07-02-091]
and are available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st
Avenue, Miami, FL 33131 between 8 a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Bridge Branch, 909
SE 1st Ave, Miami, FL 33131, telephone number 305-415-6743.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD07-02-
091], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
We believe a 30-day comment period for this rulemaking is
sufficient based on the pre-rulemaking meetings that have taken place
between the bridge owner, Florida Department of Transportation (FDOT),
their contractor, Gilbert Southern, and both marine and land-based
stakeholders that may be impacted by this rule who have been working
together to develop an acceptable schedule. Additionally, this 30-day
comment period will allow us to publish a final rule in the Federal
Register before construction begins.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Bridge Branch, Seventh Coast Guard
District, 909 SE 1st Ave, Room 432, Miami, FL 33131, explaining why one
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
On July 8, 2002, we received a request from Gilbert Southern, the
bridge contractor, requesting permission to keep a single-leaf of the
new Second Avenue bridge in the closed position for periods of time
during the day to allow them to construct the spans. Gilbert Southern
informed the Coast Guard that construction in the upright position was
not feasible due to the length of each span. Construction is scheduled
to begin in October, 2002, and will require single-span closures during
certain periods of time until April, 2003. Gilbert Southern estimates
that the horizontal clearance of the bridge with a single-span of the
bridge in the closed position will be 70 feet. This proposed rule would
allow the Second Avenue bridge to keep a single-span of the bridge in
the closed position from 4 a.m. until 10 p.m. from October 15, 2002,
until April 30, 2003. One span of the bridge will always open on signal
and both spans of the bridge will be open from 10 p.m. until 4 a.m.
During the initial construction from October through approximately
December only one span of the bridge will exist. Once the first span is
complete, it will be placed in the open position while construction on
the second leaf is completed.
Gilbert Southern held meetings during June, 2001 and July, 2002,
with the Florida Department of Transportation (FDOT) project supervisor
and industry representatives to attempt to reach an acceptable schedule
for single leaf operations. The contractor has stated that they will
attempt to accommodate commercial navigation that cannot clear the
approximately 70 feet of horizontal clearance provided by a single-span
opening by only working 6 days of the week and they will attempt to
adjust their daily construction schedule to allow both spans to remain
open during at least one high and low tidal period. Moreover, the
contractor only anticipates single-span closures between 8 and 14 hours
a day.
This proposed rule would also alleviate some of the burden on
commercial vessels requiring a full double-leaf opening and certain
tidal conditions to navigate the Miami River by allowing tugs and tugs
with tows to pass through the other bridges on the Miami River during
the morning and evening rush hour bridge closures from 7:30 a.m. to 9
a.m. and from 4:30 p.m. to 6 p.m., Monday through Friday, except
Federal holidays. This proposed rule would allow tugs and tugs with
tows to navigate the river during favorable tidal and construction
conditions by excepting them from the current vehicle rush hour times
where the bridges remain closed. Each bridge on the Miami River from
the mouth of the River to N.W. 27th Avenue, excluding the new Second
Avenue, need open only for public vessels of the United States, tugs
and tugs with tows, and vessels in an emergency involving danger to
life or property, from 7:30 a.m. to 9 a.m. and from 4:30 p.m. to 6
p.m., Monday through Friday, except Federal holidays.
Discussion of Proposed Rule
The Coast Guard proposes to allow the new Second Avenue bridge to
keep a single-span of the bridge in the down position from 4 a.m. until
10 p.m. daily from October15, 2002 until April 30, 2003. At all times,
one span of the bridge will be open and both spans of the bridge will
be open from 10 p.m. until 4 a.m. from October 15, 2002 until April 30,
2003.
Additionally, in order to meet the reasonable needs of commercial
navigation while not unreasonably impacting vehicular traffic during
the construction of the new Second Avenue bridge, the Coast Guard
proposes to allow tugs and tugs with tows to pass
[[Page 50843]]
through the Miami River bridges from the mouth of the Miami River to
N.W. 27th Avenue, excluding the new Second Avenue bridge, upon proper
signal to the bridge tender, even during the normal rush hour closures
from 7:30 a.m. to 9 a.m. and from 4:30 p.m. to 6 p.m., Monday through
Friday, except Federal holidays. These bridges need not open for all
other vessels, except public vessels of the United States and vessels
in an emergency involving danger to life or property, from 7:30 a.m. to
9 a.m. and from 4:30 p.m. to 6 p.m., Monday through Friday, except
Federal holidays.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not significant
under the regulatory policies and procedures of the Department of
Transportation (DOT) (44 FR 11040, February 26, 1979) because this
proposed rule only makes a slight exception the existing bridge
operation schedules during heavy vehicle traffic hours for tugs and
tugs with tows and still provides for regular openings. Moreover, a
single-leaf of the new Second Avenue bridge will remain open 24 hours a
day and single-leaf closures will only impede a small segment of the
vessel traffic on the Miami River and the contractor intends to work
with the commercial vessels to try to have both spans of the bridge
open during at least one high and low tide.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
This proposed rule may affect the following entities, some of which
might be small entities: the owners or operators of vessels and
vehicles intending to transit under and over the bridges on the Miami
River during the hours of 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m.
as well as some waterfront facility owners on the Miami River. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
would not have a significant economic impact on a substantial number of
small entities because this proposed rule only makes a slight exception
to the existing bridge operation schedules during heavy vehicle traffic
hours for tugs and tugs with tows and still provides for regular
openings. Moreover, a single-leaf of the new Second Avenue bridge will
remain open 24 hours a day and single-leaf closures will only impede a
small segment of the vessel traffic on the Miami River and the
contractor intends to work with the commercial vessels to try to have
both spans of the bridge open during at least one high and low tide.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 under FOR
FURTHER INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that my
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Although this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
does not create an environmental risk to health or risk to safety that
may disproportionately affect children.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph (32)(e) of Commandant
Instruction M16475.lD, this proposed rule is categorically excluded
from further environmental documentation.
Indian Tribal Governments
This proposed 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
[[Page 50844]]
power and responsibilities between the Federal Government and Indian
tribes.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 3361, July 11,
2001) requesting comments on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
Sec. 117.305 [Suspended]
2. From October 15, 2002 until April 30, 2003, temporarily suspend
Sec. 117.305.
3. From October 15, 2002, until April 30, 2003, add a new
Sec. 117.T306 to read as follows:
Sec. 117.T306 Miami River, Florida.
(a) The draws of each bridge from the mouth of the Miami River to
and including N.W. 27th Avenue bridge, mile 3.7 at Miami, but excluding
the new Second Avenue bridge, mile 0.5, Miami, Florida, shall open on
signal; except that, from 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m.,
Monday through Friday except Federal holidays, the draws need not open
for the passage of vessels. Public vessels of the United States, tugs
and tugs with tows, and vessels in an emergency involving danger to
life or property shall be passed at any time.
(b) The new Second Avenue bridge, mile 0.5, Miami, Florida, need
open only a single-leaf of the bridge from 4 a.m. until 10 p.m. daily;
and the bridge will remain in the fully open to navigation position
from 10:01 p.m. to 3:59 a.m. daily.
Dated: July 29, 2002.
John E. Crowley, Jr.,
Captain, U.S. Coast Guard, Acting, Commander, Seventh Coast Guard
District.
[FR Doc. 02-19847 Filed 8-5-02; 8:45 am]
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