Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations 75553

other officers operating Coast Guard Bay; the Avenue Bridge, mile 0.3, from 7 a.m. to 7 p.m., Monday through vessels, and Federal, state and local across the ; and the Friday, except Federal holidays, the officers designated by or assisting the Avenue Bridge, mile 0.1, across the bridge need only open on the hour and Captain of the Port Miami in the Miami River. The deviations are half-hour. As a result of this temporary enforcement of the regulated areas. necessary to allow for race participants deviation, the Venetian (c) Regulations. (1) All persons and to traverse the bridges during the ING Bridge (West) will remain closed to vessels are prohibited from entering, Marathon. This deviation will result in navigation from 6:10 a.m. to 9:56 a.m. transiting through, anchoring in, or the bridges remaining in the closed on January 27, 2013. remaining within the regulated area position during the ING Marathon. Tugs 2. Venetian Causeway Bridge (East). unless authorized by the Captain of the and tugs with tows are not exempt from Port Miami or a designated this deviation. The vertical clearance of the Venetian Causeway Bridge (East), across Biscayne representative. DATES: These deviations are effective Bay, is 5 feet. The normal operating (2) Persons and vessels desiring to from 6 a.m. through 1 p.m. on January schedule for the Venetian Causeway enter, transit through, anchor in, or 27, 2013. Bridge (East) is set forth in 33 CFR remain within the regulated area may ADDRESSES: The docket for this 117.269, which requires the bridge to contact the Captain of the Port Miami by temporary deviation, USCG–2012–1063, open on signal, except that from 7 a.m. telephone at (305) 535–4472, or a is available online by going to http:// to 7 p.m., Monday through Friday, designated representative via VHF radio www.regulations.gov, inserting USCG– except Federal holidays, the bridge need on channel 16, to request authorization. 2012–1063 in the ‘‘Search’’ box and only open on the hour and half-hour. As If authorization to enter, transit through, then clicking ‘‘Search’’. The docket is anchor in, or remain within the also available for inspection or copying a result of this temporary deviation, the regulated areas is granted by the Captain at the Docket Management Facility (M– Venetian Causeway Bridge (East) will of the Port Miami or a designated 30), U.S. Department of Transportation, remain closed to navigation from 6 a.m. representative, all persons and vessels West Building Ground Floor, Room to 9:15 a.m. on January 27, 2013. receiving such authorization must W12–140, 1200 New Jersey Avenue SE., 3. Bridge, mile 0.3. The comply with the instructions of the Washington, DC 20590, between 9 a.m. vertical clearance of the Miami Avenue Captain of the Port Miami or a and 5 p.m., Monday through Friday, Bridge, across the Miami River, is 21 designated representative. except Federal holidays. feet. The normal operating schedule for (3) The Coast Guard will provide FOR FURTHER INFORMATION CONTACT: If the Miami Avenue Bridge is set forth in notice of the regulated areas by Local you have questions on this temporary 33 CFR 117.305(c), which requires the Notice to Mariners, Broadcast Notice to deviation, call or email Michael bridge to open on signal, except that Mariners, and on-scene designated Lieberum, Seventh District Bridge from 7:35 a.m. to 8:59 a.m., 12:05 p.m. representatives. (d) Enforcement date. This rule will Branch, Coast Guard; telephone (305) to 12:59 p.m., and 4:35 p.m. to 5:59 be enforced from 9 a.m. until 1 p.m. on 415–6744, email p.m., Monday through Friday, except January 13, 2013. [email protected]. If you Federal holidays, the bridge need not have questions on viewing the docket, open for the passage of vessels. As a Dated: December 6, 2012. call Renee V. Wright, Program Manager, result of this temporary deviation, the C.P. Scraba, Docket Operations, telephone (202) Miami Avenue Bridge will remain Captain, U.S. Coast Guard, Captain of the 366–9826. closed to navigation from 6:25 a.m. to Port Miami. SUPPLEMENTARY INFORMATION: The ING 10:35 a.m. on January 27, 2013. [FR Doc. 2012–30768 Filed 12–20–12; 8:45 am] Marathon Director has requested 4. Bridge, mile 0.1. BILLING CODE 9110–04–P temporary modifications to the The vertical clearance of the Brickell operating schedules of the Venetian Avenue Bridge, across the Miami River, Causeway Bridge (West), the Venetian is 23 feet. The normal operating DEPARTMENT OF HOMELAND Causeway Bridge (East), the Brickell SECURITY schedule for the Brickell Avenue Bridge Avenue Bridge, and the Miami Avenue is set forth in 33 CFR 117.305(d), which Coast Guard Bridge in Miami, Florida. These requires the bridge to open on signal; deviations will result in the bridges except that from 7 a.m. to 7 p.m., 33 CFR Part 117 remaining in the closed position during Monday through Friday, except Federal the ING Marathon on January 27, 2013. [Docket No. USCG–2012–1063] holidays, the bridge need open only on The ING Marathon route passes over the hour and half-hour. From 7:35 a.m. these four bridges. Any bridge opening Drawbridge Operation Regulation; to 8:59 a.m., 12:05 p.m. to 12:59 p.m., would disrupt the race. The temporary Atlantic Intracoastal Waterway, and 4:35 p.m. to 5:59 p.m., Monday deviations will be in effect from 6 a.m. , and Miami River, Miami, through Friday, except Federal holidays, through 1 p.m. on January 27, 2013. the bridge need not open for the passage FL The vertical clearance, regular of vessels. As a result of this temporary operating schedule, and deviation AGENCY: Coast Guard, DHS. deviation, the Brickell Avenue Bridge period for each bridge are set forth ACTION: Notice of temporary deviations will remain closed to navigation from from regulations. below. 1. Venetian Causeway Bridge (West), 6:25 a.m. to 1 p.m. on January 27, 2013. SUMMARY: The Coast Guard has issued mile 1088.6. The vertical clearance of In accordance with 33 CFR 117.35(e), temporary deviations from the the Venetian Causeway Bridge (West), these four drawbridges must return to regulations governing the operation of across the Atlantic Intracoastal their regular operating schedules the following four bridges in Miami, Waterway, is 12 feet. The normal immediately at the end of the effective Florida: The Venetian Causeway Bridge operating schedule for the Venetian period of this temporary deviation. (West), mile 1088.6, across the Atlantic Causeway Bridge (West) is set forth in These deviations from the operating Intracoastal Waterway; the Venetian 33 CFR 117.261(nn), which requires the regulations are authorized under 33 CFR Causeway Bridge (East), across Biscayne bridge to open on signal, except that 117.35.

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Dated: December 11, 2012. Table of Acronyms the waterway and they have no B.L. Dragon, CFR Code of Federal Regulations objections to the proposed change. Bridge Program Director, Seventh Coast DHS Department of Homeland Security The ANRR swing span bridge crosses Guard District. FR Federal Register the Apalachicola River at mile 4.5 [FR Doc. 2012–30840 Filed 12–20–12; 8:45 am] NPRM Notice of Proposed Rulemaking (GIWW mile 347.0 EHL) and is required BILLING CODE 9110–04–P § Section to open on signal for the passage of U.S.C. United States Code vessels. Since the bridge owner applied A. Regulatory History and Information for and received an embargo for the DEPARTMENT OF HOMELAND suspension of train traffic on the line, SECURITY On July 30, 2012, we published a the operation of the bridge is notice of proposed rulemaking (NPRM) unnecessary and the operator of the Coast Guard entitled ‘‘Drawbridge Operation bridge requested permission to leave the Regulation; Apalachicola River, FL’’ in bridge in the open-to-navigation 33 CFR Part 117 the Federal Register (77 FR 44525). We position and have the bridge untended. [Docket No. USCG–2012–0470] received no comments on the proposed The bridge provides unlimited vertical rule. No public meeting was requested, clearance and 119 feet of horizontal RIN 1625–AA09 and none was held. clearance in the open-to-navigation position. Transit times for mariners B. Basis and Purpose Drawbridge Operation Regulation; should not be impeded with the bridge Apalachicola River, FL The CSX swing bridge across the left in the open-to-navigation position. AGENCY: Coast Guard, DHS. Apalachicola River, mile 105.9, The bridge owner/operator will be presently opens on signal for the required to maintain all bridge ACTION: Final rule. passage of vessels Monday through navigation lights in proper working SUMMARY: The Coast Guard is changing Friday from 8 a.m. until 4 p.m. At all order and will be required to the regulation that governs the operating other times, the bridge opens on signal periodically check the lights to see that schedules for two bridges that cross the if at least four hours advanced notice is they are working. Apalachicola River in Florida. These given. The bridge owner has requested C. Discussion of Comments, Changes, changes are being made in response to to change the operation regulations to and the Final Rule two requests to the Coast Guard. First, reflect usage of the bridge by mariners. the CSX Railroad requested to modify The request was made based upon a The Coast Guard provided a 60-day the operating schedule of their swing documented decrease in the number of comment period on the notice of bridge at mile 105.9, at River Junction requests for openings in the last three proposed rulemaking. No comments to require eight hours advanced notice years. In 2010, the bridge opened 12 were received and no changes were at all times. Second, the Apalachicola times for the passage of vessels. Eight of made to the rule as proposed. and Northern Railroad (ANRR) those openings were for either a United D. Regulatory Analyses requested to maintain the swing bridge States Coast Guard (USCG) vessel or for at mile 4.5 (GIWW mile 347.0 East of a United States Army Corps of We developed this rule after Harvey Lock (EHL)), at Apalachicola, Engineers (USACE) vessel. In 2011, the considering numerous statutes and untended and in the open-to-navigation bridge opened four times for the passage executive orders related to rulemaking. position at all times. of vessels. Three of those openings were Below we summarize our analyses based on a number of these statutes or DATES: This rule is effective January 22, for either a USCG vessel or for a USACE executive orders. 2013. vessel. Thus far in 2012, the bridge has only opened one time for a USACE 1. Regulatory Planning and Review ADDRESSES: The docket for this vessel. It should be noted that all of the rulemaking, USCG–2012–0470, is openings in the past three years have This rule is not a significant available online by going to http:// occurred between 8 a.m. and 4 p.m.; regulatory action under section 3(f) of www.regulations.gov, inserting USCG– therefore, the bridge opened on signal Executive Order 12866, Regulatory 2012–0470 in the ‘‘Search’’ box, and for their passages. Information gathered Planning and Review, as supplemented then clicking ‘‘Search.’’ The docket is regarding the decrease in vessel by Executive Order 13563, Improving also available for inspection or copying movements indicates that the lack of Regulation and Regulatory Review, and at the Docket Management Facility (M– commercial facilities and the lack of does not require an assessment of 30), U.S. Department of Transportation, maintenance on the waterway have potential costs and benefits under West Building Ground Floor, Room contributed to the decline in traffic. section 6(a)(3) of Order 12866 or under W12–140, 1200 New Jersey Avenue SE., While water elevations may return to section 1 of Executive Order 13563. The Washington, DC 20590, between 9 a.m. their pre-drought levels, there is Office of Management and Budget has and 5 p.m., Monday through Friday, presently no evidence that the number not reviewed it under those Orders. except Federal holidays. of requests for bridge openings will We expect the economic impact of FOR FURTHER INFORMATION CONTACT: If increase in the future due to limited this rule to be so minimal that a full you have questions on this final rule, industrial development along the Regulatory Evaluation is unnecessary. call or email David Frank, Bridge waterway. Accordingly, the bridge Very few vessels will be impacted by Administration Branch; telephone 504– owner requested to change the operation the proposed changes and those few 671–2128, email regulations so that the bridge is allowed vessels should be able to provide [email protected]. If you have to open on signal at all times if at least adequate advanced notification of their questions on viewing or submitting eight hours advanced notification is arrivals as is already done for the CSX material to the docket, call Renee V. given. USACE and USCG units using the Railroad bridge and vessels may transit Wright, Program Manager, Docket waterway indicated that the proposed through the ANRR bridge without delay Operations, telephone 202–366–9826. change to the operation of the bridge as it will be maintained in the open-to- SUPPLEMENTARY INFORMATION: will not affect their ability to maintain navigation position.

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