# Miami River, North Fork
**AGENCY:**
Coast Guard, DHS.
**ACTION:**
Temporary interim rule with request for comments.
**SUMMARY:**
The Coast Guard is temporarily modifying the operating schedule that governs the Florida Department of Transportation (FDOT) Railroad Bridge, across the Miami River, North Fork, mile 5.3, at Miami, FL. This action is necessary to allow for construction of an adjacent railroad bridge. The proximity and construction method prevents the bridge from opening to marine traffic. Until the construction is complete the bridge must remain in the closed position.
**DATES:**
This temporary interim rule is effective April 4, 2025 through 11:59 p.m. on December 31, 2027.
Comments and related material must reach the Coast Guard on or before July 3, 2025.
**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-2025-0204) 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 temporary interim rule, call or email Ms. Jennifer Zercher, Bridge Management Specialist, Seventh Coast Guard District; telephone 571-607-5951, email *[email protected].*
**SUPPLEMENTARY INFORMATION:**
**I. Table of Abbreviations**
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
FL Florida
FDOT Florida Department of Transportation
**II. Background Information and Regulatory History**
The Coast Guard is issuing this temporary interim rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. The proximity and construction method of an adjacent railroad bridge keeps this bridge in the closed to navigation position.
On September 9, 2024, the Coast Guard issued a General Deviation which allowed the bridge owner, FDOT, to deviate from the current operating schedule in 33 CFR 117.307 to begin construction of an adjacent railroad bridge which will replace this bridge. Due to a delay in the start of construction and changes to the construction method, the bridge owner has requested an extension of closure that will take the project past the allowable 180 days for a deviation. The project will run past the end date of March 8, 2025, of the General Deviation. Since the bridge cannot open to navigation until the completion of the adjacent railroad bridge, there is insufficient time to provide a reasonable comment period and then consider those comments before issuing the modification.
However, we will be soliciting comments on this rulemaking during the first 90 days while this rule is in effect. If the Coast Guard determines that changes to the temporary interim rule are necessary, we will publish a temporary final rule or other appropriate document.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective in less than 30 days after publication in the *Federal Register* . For reasons presented above, delaying the effective date of this rule would be impracticable and contrary to the public interest because the bridge is currently unable to safely open to for marine traffic and will not be able to until the adjacent railroad bridge is completed.
**III. Legal Authority and Need for Rule**
The Coast Guard is issuing this temporary interim rule under authority in 33 U.S.C. 499. The FDOT Railroad Bridge, across the Miami River, North Fork, mile 5.3, at Miami, FL, is a single bascule bridge with a 6-foot vertical clearance at mean high water in the closed position. The normal operating schedule is set forth in 33 CFR 117.307.
The existing drawbridge regulation states that the draw of the FDOT Railroad Bridge, mile 5.3, shall open on signal if at least 48-hour advance notice is given. FDOT, the bridge owner, has requested to keep the bridge in the closed position during the construction of an adjacent railroad bridge.
**IV. Discussion of the Temporary Interim Rule**
The Coast Guard is issuing this rule to allow the bridge owner of the FDOT Railroad Bridge across the Miami River, mile 5.3, Miami, FL, to keep the bridge in the closed to navigation position until December 31, 2027. The rule is necessary to accommodate the construction of an adjacent railroad bridge due to the proximity and construction method.
**V. Regulatory Analyses**
We developed this temporary interim 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, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, it has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the fact that little, or no commercial or recreational vessel traffic will be impacted by this rule. A water control structure is located 750 feet upriver from the bridge and no waterside facilities are available.
**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 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 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, Table3-1 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum for the Record are required for this rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.
**VI. Public Participation and Request for Comments**
We view public participation as essential to effective rulemaking and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.
*Submitting comments.* We encourage you to submit comments through the Federal Decision Making Portal at *https://www.regulations.gov.* To do so, go to *https://www.regulations.gov,* type USCG-2025-0204 in the search box and click “Search.” Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If your material cannot be submitted using *https://www.regulations.gov,* contact the person in the *FOR FURTHER INFORMATION CONTACT* section of this document for alternate instructions.
*Viewing material in docket.* To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select “Supporting & Related Material” in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the *https://www.regulations.gov* Frequently Asked Questions web page. Also, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted, or a final rule is published of any posting or updates to the docket.
We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive.
*Personal information.* We accept anonymous comments. Comments we post to *https://www.regulations.gov* will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS's eRulemaking System of Records notice (85 FR 14226, March 11, 2020).
**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**
**33 CFR Part 117**
1. The authority citation for part 117 continues to read as follows:
**Authority:**
33 U.S.C. 499; 33 CFR 1.05-1; and DHS Delegation No. 00170.1. Revision No. 01.3
§ 117.307
**33 CFR Part 117**
2. Stay § 117.307.
**33 CFR Part 117**
3. Add § 117.307T to read as follows:
§ 117.307T
The draw of the Florida Department of Transportation (FDOT) Railroad Bridge, mile 5.3 at Miami, Florida need not open to navigation.
Dated: March 24, 2025.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh District.